Roque on Ressa’s cyber libel case: ‘Para ngang gusto niyang ma-convict’

Rappler CEO Maria Ressa’s supposed failure to provide evidence to refute the cyber libel charges filed by a businessman prompted a Manila court to convict her, Malacañang said on Tuesday.

The Manila Regional Trial Court Branch 46 found Ressa and former Rappler researcher Reynaldo Santos Jr. guilty of cyber libel on Monday and sentenced them to six months and one day to up to six years in jail.

The two remain free after being granted post-conviction bail.

Citing the ruling handed down by Judge Rainelda Estacio-Montesa, presidential spokesperson Harry Roque said Ressa did not submit evidence to counter the accusation of businessman Wilfredo Keng that the article linking him to criminal activities maligned his character and reputation. 

“Paano namang hindi mako-convict si Maria Ressa, hindi naman sila nag-introduce ng evidence na wala silang malice. Ni hindi sila nag-introduce ng evidence na vinerify nila iyong kanilang nire-report na kriminal ang isang pribadong indibidwal bago nila ipinublish, walang ganoong ebidensiyang prinisenta,” Roque, a lawyer, said in a televised briefing, as he reiterated that President Rodrigo Duterte was not behind the court's decision. 

“Para ngang gusto niyang ma-convict. Well, ayan po, na-convict nga.” 

The court said the defendants did not verify the "intelligence report" linking Keng to human trafficking and drug smuggling. It also said that neither Ressa nor Santos took the witness stand.

In addition, the court found Ressa, who is Rappler's "executive editor," liable despite claims by the defense that she does not edit stories.

The court said it was a "clever ruse" for Rappler not to call Ressa its "editor-in-chief" "to avoid liability of the officers of a news organization" for libel.

It also ruled the prescriptive period for cyber libel is 12 years, which means one could file a case within 12 years from publication of the allegedly libelous article. Rappler had claimed the prescriptive period was just one year.

Ressa on Monday said her conviction of cyber libel is a "pivotal moment" for democracy and a free press.  She also urged journalists not to be afraid because "if you don't use your rights, you will lose them."

In response, Roque said Ressa’s comments only showed that there is no stifling of free speech in the country and that democracy remains vibrant.

“We wish to remind Ms. Ressa and her supporters that she transgressed the law when she maligned the reputation of a private individual,” he said.

“The private individual who Ms. Ressa besmirched simply exercised his right against abusive persons who wield power and influence, including journalists like [Ms. Ressa]. In law as we say, one’s freedom ends where someone else’s rights begins. Thus, I advise Ms. Ressa to just face the complaint/decision head-on.”

Rappler lawyer Theodore Te said they will decide their next legal step in the next 15 days. —KG/LDF, GMA News