Philippines: Manila Court Rejects Maria Ressa’s Request For Reconsideration Of The Sentence

Location: Philippines, Manila
Date: July 27, 2020

The Regional Trial Court Branch 64 in Manila that is tasked with deciding on Maria Ressa and Rey Santos Jr.’s request for reconsideration on their cyber libel conviction, has denied the request on basis of lacking merit.

The motion included 13 points that Maria cited as errors, including the prescribed time for sentence and the definition of the “cyber libel accusation”.

Manila Court stated that the motion didn’t raise any new matters and that defense failed to provide any evidence to show that the plaintiff was a public figure. 

In a yet another worrying statement by the Court, Judge Rainelda Estacio-Montesa referred to a  Supreme Court First Division ruling from 2018 that says cyber libel prescribes not 12 years but longer – 15 years which refutes the defense’s motion concerning the 1-year prescriptive period for charges under the Revised Penal Code. 

The First Division ruling said: "The new penalty (of cyber libel), therefore, becomes afflictive, following Section 25 6of the RPC... following Article 90 7of the RPC, the crime of libel in relation to RA 10175 now prescribes in fifteen (15) years."

However, according to a citation given by the Rappler, a retired judge who looked at the prescription time stated: “Indeed, the 4th and 5th paragraphs of Article 90 said: "The crime of libel or other similar offenses shall be prescribed in one year. The crime of oral defamation and slander by deed shall prescribe in six months."

The decision which frustrated netizens around the world came shortly after 60 organizations’ campaign to show solidarity with Maria Ressa. CFWIJ is among the signatories and follows the cases against Maria Ressa closely. Maria faces 5 other criminal cases related to tax, and 3 criminal complaints, including another cyber libel complaint filed by Keng.

The CFWIJ strongly condemns the police brutality against journalists. We demand the immediate return of the press cards seized from the security forces. Policies to intimidate journalists should be abandoned, and journalism should be practiced under the criteria of freedom of the press.

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