MANILA – The Department of Justice (DOJ) indicted online news outlet Rappler, its chief Maria Ressa and a former Rappler reporter for cyber libel in relation to an alleged libelous article published seven years ago.
In a resolution released on Tuesday, Senior Assistant State Prosecutor Edwin Dayog said Rappler, Ressa and reporter Reynaldo Santos Jr. committed libel under the Cybercrime Prevention Act of 2012.
“Under Article 354 of the Revised Penal Code, every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown. The presumed malice is known as malice in law. The recognized exceptions, where malice in law is not present, are the absolutely or qualifiedly privileged communications,” the resolution said.
It added: “The publication in question does not fall under any of the absolutely or qualifiedly privileged communications. It is not qualifiedly privileged as a ‘private communication made in the performance of any legal, moral or social duty’.”
The case stemmed from a complaint filed by businessman Wilfredo Keng in relation to an article published by Rappler titled “CJ using SUVs of controversial businessman” during the impeachment trial of former Chief Justice Renato Corona.
Based on the news report of Santos, Keng has allegedly lend his black Chevrolet Suburban to former Supreme Court Chief Justice Renato Corona, who was then facing an impeachment complaint.
Rappler reported that the SUV, which bore the plate number ZWK 111, was registered under Keng at the Land Transportation Office. While Keng admitted ZWK 111 was his, he said that he doesn’t own the SUV Corona had been using.
The DOJ, meanwhile, cleared Rappler directors and officers Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, James Bitanga, Felicia Atienza, Dan Alber de Padua, and Jose Maria Hofileña, who were impleaded in the same complaint./PN
