SOLICITOR General Jose Calida filed on Monday, March 7, 2022, a petition seeking to declare as void and unconstitutional the memorandum of agreement (MOA) between the Commission on Elections (Comelec) and online news outfit Rappler Inc. for voter’s education and fact-checking for the upcoming May 2022 national elections.
Calida, in the petition filed before the Supreme Court, said the MOA where Comelec and Rappler will collaborate for a fact-checking initiative, as well as production of poll-related contents violates numerous provisions of the 1987 Constitution and other laws.
"It is beyond belief that Comelec has allowed a foreign non-registered entity to interfere in the conduct of the country's elections," he said in a statement.
The Securities and Exchange Commission (SEC) earlier revoked Rappler's Certificate of Incorporation.
Rappler appealed the SEC order but the Court of Appeals (CA) did not issue any resolution and instead remanded the case.
The SEC maintained the revocation.
Calida said even if Rappler will be treated as an existing corporation, the fact that it is a foreign mass media entity managed by an American citizen and whose operations are funded and/or controlled by foreign entities that include Omidyar Network Fund L.L.C. remains.
He was referring to Rappler co-founder and chief executive officer Maria Ressa.
“It is primarily based on this fact that the MOA violates the constitutional and statutory proscription against foreign interference in the country's elections,” Calida said in his petition.
He said the Comelec also committed usurpation of authority after it “co-shared” with Rappler its sole power to decide on all questions affecting the elections.
As stated in the first part, paragraph 5 of the MOA, Comelec authorized Rappler to alert the agency on any election-related posts in social media and with the sole discretion to determine what it deems "false, misleading and harmful information."
“Such power granted by Comelec in favor of Rapper clearly constitutes prior restraint on freedom of speech and of expression,” said Calida.
“The MOA likewise breeds unconstitutional incursion into an individual's right to privacy, as Rapper was granted access to key information and confidential data of registered voters absent any proper and narrowly focused safeguards on the retrieval, use, and storage of such data,” he added.
Calida also questions the provision of the MOA where Comelec gave the news organization an access to data of untransmitted votes to all the canvassing centers due to lowering of threshold, and such other technical issues in the Automated Elections System without any safeguards on how the Comelec or Rappler will protect the sanctity of the untransmitted votes.
With this, he said there is an “endless possibility” that Rappler may control any election narrative that suits the agenda of its foreign owners, which will not be for the benefit of the Filipino people.
“The Comelec has wittingly lent credence to Rappler's story line about the Philippine elections due to Rapper's unbridled rights under the MOA,” he said.
“Every Filipino deserves and aspires for a free, orderly, honest, peaceful, and credible elections. However, these constitutional goals cannot be attained if the Comelec is allowed to continue its void and unconstitutional partnership with Rappler. The Rappler-Comelec MOA must be declared null and void,” he added.
As of December 3, 2021, there were at least seven active pending cases against Rappler, Ressa and other officials and former news researchers, including the SEC order, cyberlibel and tax charges.
In a press conference, hosted by the National Task Force to End Local Communist Armed Conflict (NTF-Elcac) on Monday, Presidential Communications Undersecretary Lorraine Badoy, the Task Force’s spokesperson, former soldier and undersecretary Abraham Purugganan, and National Press Club president Paul Gutierrez expressed support to Calida’s call.
Badoy questioned the credibility of Rappler, citing the “propaganda lines” of the Communist Party of the Philippines-New People’s Army- National Democratic Front it “mouthed.” (SunStar Philippines)