Why can Ressa, ex-Rappler researcher still post bail despite cyber libel conviction?

Rappler CEO Maria Ressa and former researcher Reynaldo Santos, Jr. were allowed to post bail despite their cyber libel conviction because the charge and ruling of the court allow such temporary liberty while the case is ongoing, according to National Union of Peoples' Lawyers (NUPL) President Edre Olalia.

"Both sa charge, 'yung complaint mismo ng complainant and 'yung sa decision, bailable. So, bailable siya," Atty. Olalia explained to GMA News Online in a phone interview on Monday, moments after the verdict was handed down by the court.

"Ang usual na non-bailable [ay] murder, arson, robbery, kidnapping... 'Yung anti-terror bill unbailable...'yung acts of terrorism mismo, so-called, ay non-bailable 'yun," he added.

Olalia said the amount of bail is set by the Department of Justice.

"May schedule ang justice department diyan. May schedule siya. Kunwari, itong X crime, ano ang ranges ng bail tapos ang fiscal, siya ang magre-recommend," he said.

On Monday morning, the Manila Regional Trial Court Branch 46 found Ressa and Santos guilty of violating the Cyber Crime Prevention Act of 2012 and sentenced them to six months and one day to up to six years in jail over an alleged libelous article against businessman Wilfredo Keng. Both of them posted bail.

Olalia said the two are not obliged to immediately pay the complainant P200,000 in moral damages and P200,000 in exemplary damages.

"Hindi pa kasi hindi pa final. In fact, puwede pa sila mag-file ng motion for reconsideration within 15 days," he said.

Asked on what changes can be expected in the lives of those who were convicted and opted to avail of the temporary release, Olalia said: "Pending appeal, at least i-cancel ng trial court or mag-increase ng bail, nag-aapply pa rin ang bail niya so hindi agad-agad makukulong."

"Pero hindi naman 'yun ang issue diyan. Ang issue diyan 'yung chilling effect eh," he added.

Paranoia

Olalia said that while the ruling of the regional trial court on the cyber libel case does not set a legal precedent — as only Supreme Court rulings can be considered such — it can still set a bad precedent in "actuality."

He pointed out that the decision may cause paranoia to other media organizations.

"Magiging super maingat naman masyado to the point na naakaka-discourage na. Ibig sabihin, bago ka magsulat o pagkatapos magsulat 'madadali ba ako dito?' Napa-paranoid ka, nare-restrain ka tuloy," Olalia said.

While stressing that he cannot substitute his own judgment to that of Ressa and Santos' legal camp, Olalia stressed that it would be best to elevate the case to the Supreme Court.

"Ang dapat i-appeal 'yan hanggang sa taas para magkaroon ng finality. Kung ano sabi ng Supreme Court, rightly or wrongly, 'yun ang precedent legally," he said. --KBK/KG, GMA News