(UPDATED) A Manila trial court on Monday, June 15, convicted Rappler executive editor Maria Ressa and former researcher Reynaldo Santos Jr. of cyber libel and sentenced each to imprisonment of six months and one day to six years.
They were also ordered to pay a total of P400,000 in damages to businessman Wilfredo Keng. The court, however, granted bail.
The verdict was handed down by Judge Rainelda Estacio-Montesa of Manila Regional Trial Court Branch 46 at about 9 a.m. Monday.
In her ruling, Estacio-Montesa said the prosecution was able to establish the presence of all four elements of libel, as follows: allegation of a discreditable act or condition concerning another, publication of the charge, identity of the person defamed, and existence of malice.
The court ruled that Rappler’s article is defamatory, as “there were several crimes imputed upon the person of Keng”.
“The article has created in the minds of ordinary readers that Keng has a disgraceful reputation,” the ruling read.
The court said that two letters from the Philippine Drug Enforcement Agency (PDEA) dated August 15, 2016 and May 20, 2019 state that Keng “has no derogatory record on file at the PDEA.”
The court also argued that the article was not updated but “republished” as the original article published on May 29, 2012 can no longer be found.
“The Court considers the update a republication of the article...The Court is of the conclusion that the original version was replaced by the updated one considering that it is no longer accessible in the Rappler’s website,” the ruling stated.
It further noted that the identity of King was established in the article.
On the existence of malice, the court said the prosecution established that King is a private person.
“Considering that Keng is neither a public official nor a public figure, the law explicitly presumes the existence of malice from the defamatory character of the assailed statement,” the decision stated.
It also noted that Santos wrote the article without verifying the allegations against Keng.
“The Court is of the conclusion that accused Santos, Jr. did not bother to verify with any law enforcement agency whether Keng is actually involved in any of the aforementioned crimes before publishing the subject article,” the ruling read.
The court added that when the article was published for the first time, Keng demanded Rappler to present a “fair and well-balanced report by also publishing his side of the story.”
The ruling also pointed out that the offense has not yet prescribed since republication of the article on February 19, 2014 was established.
The National Union of Journalists in the Philippines said the "verdict basically kills freedom of speech".
“This is a dark day not only for independent Philippine media but for all Filipinos. The verdict basically kills freedom of speech and of the press,” NUJP said in a Twitter post shortly after the verdict was read.
“But we will not be cowed. We will continue to stand our ground against all attempts to suppress our freedoms,” NUJP added.
Rights advocate Human Rights Watch (HRW) described the ruling as a devastating blow to media freedom in the Philippines.
“The Rappler case will reverberate not just in the Philippines, but in many countries that long considered the country a robust environment for media freedom,” Phil Robertson, deputy Asia director at HRW, said in a statement.
Keng, however, said the case is “not a fight against press freedom” nor does it involve the government. He stressed that he, as complainant, is a private citizen and this is a private suit.
“For years, I have personally suffered from Rappler’s false accusations against me, which false accusations have no place in a responsible and free press. Indeed, it is an accepted legal principle that libel is not protected speech,” he said.
“My filing and winning this case assures Filipinos that published falsehoods will not remain unchallenged and unchecked in this jurisdiction but will instead be dealt with by law, strengthening the people’s respect for the Philippine media in the years to come,” he added.
He said his counsel had “pleaded and begged with Rappler to correct their false public accusations that I am a criminal” or at least publish his side.
“They refused. They have denied me my right to clear my name. Where else can I go to seek justice and protection but our courts? And so I did,” Keng added.
Another libel complaint that Keng has filed against Ressa is pending before the Office of the City Prosecutor in Makati.
Six other cases have been filed against Ressa, who heads online news site Rappler which is known for its critical coverage of the administration of President Rodrigo Duterte.
Ressa's conviction was for a case that stemmed from an article which Rappler published in May 2012 prior to the enactment of the Cybercrime Prevention Act of 2012. The article, however, was updated with a correction of a typographical error in 2014.
Keng filed the case in October 2017. Ressa was arrested on February 13, 2019. (Jove T. Moya/SunStar Philippines)