By Benjamin Pulta
MANILA – The Office of the Solicitor General (OSG) on Tuesday said it recommended the acquittal of Rappler CEO Maria A. Ressa and former researcher Reynaldo Santos Jr. in the cyber libel case filed against them.
In a statement, the OSG said it made the recommendation in a manifestation and motion filed with the Supreme Court on March 9.
Citing precedent cases, the OSG said the filing of the criminal information against Ressa and Santos in early 2019 for the article republished in 2014 and discovered by the complainant in 2016 has already prescribed.
“Prescription is the legal time limit within which a criminal information must be filed. Once that period lapses, the State can no longer prosecute. The rule promotes diligence in prosecution and protects individuals from the inequity of defending against stale charges and the threat of perpetual prosecution,” the OSG statement read.
Although it previously sought reconsideration in the precedent case decided in 2023 (Causing vs. People), the OSG manifested that the government now accepts the Court’s decision as it supplies a workable, predictable limiting principle on prescription.
“On this basis, the OSG sought to apply the Causing ruling to the case of Ressa and Santos,” it added.
The OSG, however, underscored that cyber libel is not protected speech.
“Its penal sanction under existing law remains important, particularly in the digital environment where reputational injury, invasions of privacy, and harm to dignity may be amplified in reach and velocity,” the OSG said.
“Still, the OSG emphasized that the government now recognizes that the Court’s clarification in Causing is more in accord with the text of the Revised Penal Code and the Cybercrime Prevention Act, and helps balance the State’s interest in protecting reputation, privacy, and dignity, with the constitutional guarantees of speech, expression, and press freedom,” it added.
The OSG said the government’s recommendation to acquit Ressa and Santos is grounded in law and duty.
“As the People’s Tribune, the OSG’s mandate in criminal proceedings is not confined to seeking convictions. It includes assisting the courts in arriving at a just and legally correct disposition, grounded on the Constitution, statutes, and controlling jurisprudence even, and especially when, the law requires acquittal,” it said.
The OSG reaffirmed the government’s respect for the independence of the Judiciary and emphasized that it will abide by the Supreme Court’s final disposition of the case. (PNA)
