Court allows Rappler to seek junking of cyberlibel case based on weak evidence

A Manila court has allowed Rappler to file a motion seeking the dismissal of the cyber libel case against CEO Maria Ressa and a former reporter on the basis of insufficient prosecution evidence.

The Manila Regional Trial Court Branch 46 on Tuesday granted Rappler's motion for leave of court to file a demurrer to evidence, or a pleading asking permission to seek the dismissal of the case even without the defense presenting its own evidence.

Courts may dismiss cases on the ground of insufficiency of evidence after the prosecution rests its case.

Judge Rainelda Estacio-Montesa ordered Rappler Inc., Ressa, and former reporter Reynaldo Santos Jr. to file their demurrer to evidence in 10 days and directed the prosecution to comment within another 10 days.

"The only ground really is that they haven't proven their case, that's the only ground," Rappler's lawyer, former Supreme Court spokesman Theodore Te, told reporters.

Rappler is being prosecuted for cyber libel over an article the online news site published in 2012 that says former chief justice Renato Corona used a vehicle registered under the name of businessman Wilfredo Keng, whom an "intelligence report" supposedly linked to human trafficking and drug smuggling.

Keng, one of the prosecution's witnesses, has demanded P50 million in damages over the report that he said "ruined" his reputation.

Keng's lawyer, Joseph Banguis, said he believes they were able to establish all elements of the crime and present all the necessary testimonial and documentary evidence during the trial.

All October trial dates were canceled, Te said. New tentative trial dates were set for December in case the court denies the demurrer to evidence. — RSJ, GMA News