The cyber libel complaint stems from an investigative report written by Rappler's former researcher-writer Reynaldo Santos Jr and published in May 2012. People of the Philippines and Atty. Having problems seeing the article? The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). 7010, which would specify a one-year period. If you have leads, email lian.buan@rappler.com or tweet @lianbuan. Caloocan City Metropolitan Trial Court Branch 83 Judge Marlo Campanilla, however, pointed out that the SC had the opportunity in 2018 to discuss how long an offended person can wait before filing a complaint regarding an online post. Ressa, along with Reynaldo Santos who wrote the … Campanilla, an author of criminal law review books, cited the SC First Division’s Aug. 6, 2018 unsigned resolution on the case of Tolentino versus People. Far Eastern University Institute of Law dean Mel Sta. to the late former chief justice Renato Corona, raising questions on ethics and propriety. The document also said Keng was involved in a murder case for which he was "never jailed." (In general, the penalties for cybercrimes, including cyber libel, are higher by one degree than that for similar crimes when they are not committed through electronic means.). Not resolutions,” Rodriguez said. Not orders. He is supposedly close to lawmakers and had contacts with the US embassy at the time. The SC, in this resolution, did not mention if it was treating cyber libel as a different crime from ordinary libel. The complaint was filed under a controversial cyber libel law that was enacted in September 2012 -- months after the article was published. A search of available records showed that this was the only time that the SC discussed the issue thus far. Maria Ressa, the founder of award-winning news site Rappler, was charged with her second cyber libel case at the Makati Regional Trial Court, … No. Following Article 90 of the RPC, the prescription period for crimes punishable by afflictive penalties is 15 years – although, again, the very same section provides for a one-year period for libel. MANILA, Philippines (3rd UPDATE) – Rappler CEO Maria Ressa was arrested early Wednesday evening, February 13, in relation to a cyber libel charge. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. He complained that Rappler did not publish his side or take down the article. (READ: What's the right to be forgotten? As early as 2018, you f***ing moron),” Cañete said. 10175, or the Cybercrime Prevention Act of 2012, Divina said in his complaint … In the first cyber libel case, based on the complaint filed by Keng, a Manila regional court had found Ressa and co-defendant Reynaldo Santos Jr., a former Rappler researcher, guilty and sentenced them to a minimum of six months and one day to a maximum of six years in prison. In the case of SUSANA B. CABAHUG vs. PEOPLE OF THE PHILIPPINES, SANDIGANBAYAN, 3 rd Division, and OFFICE OF THE SPECIAL PROSECUTOR, G.R. A copy of the complaint was provided to Rappler only during the meeting on Monday. One of the biggest sticking issues in Rappler’s case is prescription, or the time limit for the filing of a complaint counted from the discovery of the crime. According to a press release from the Philippine National Police Anti-Cybercrime Group (PNP ACG), a total of 1,211 cybercrime complaints were filed with them from 2013-2015. Maria, host of, Even if the Tolentino resolution was considered a binding precedent, Sta. Metro Manila (CNN Philippines, October 27) — Online scams and libel cases top the cybercrime list of the Philippine National Police (PNP) from … 3326 provides for a 12-year prescription period for offenses under special laws that are punishable by more than six years’ imprisonment. It argued that because the Cybercrime Prevention Act of 2012 was silent on the prescription period for cyberlibel, the general rule on special laws should apply. The Supreme Court has mentioned the relatively new Cybercrime Prevention Act of 2012 in only a handful of cases. Te’s argument was hinged on the SC’s pronouncement in its Disini decision that cybercrime is “not a new crime but is one already punished” under the RPC. No. We use cookies to help give you the best browsing experience. By Other Offenses. “When can a mere resolution become part of the ‘law of the land?’ Only when the Supreme Court itself referenced to it in an actual decision.”, Rodriguez said this meant that the Tolentino resolution was “binding only between the parties involved and cannot be used as a ‘case law.’ ”. Journalist Maria Ressa found guilty of "cyber libel" by Philippines court. But the First Division affirmed the Quezon City RTC’s order. “It cannot be cited as a source of legal authority by any lawyer to a proceeding or by a lower court judge in his or her official decisions,” Rodriguez stressed. He does not sit on Rappler Inc's board. If the defamation is directed against a group or class and the statement is so sweeping or all-embracing as to apply to every member of that group or class, then any member can file an action for libel in his own name, not in the name of the group/class. Download Document in Adobe PDF Format . 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