Philippine solicitor general seeks journalist’s acquittal

THE OFFICE of the Solicitor General (OSG) has asked the Supreme Court to acquit Nobel laureate Maria A. Ressa and former Rappler researcher Reynaldo Santos, Jr. in their cyberlibel case, citing a recent high court ruling that shortened the period for filing such charges.

In a statement on Tuesday, the OSG, headed by Darlene Marie B. Berberabe, said it had filed a manifestation and motion on March 9 urging the court to reverse the conviction.

The government’s top lawyer said the criminal case filed against Ms. Ressa and Mr. Santos in early 2019 was already barred by the statute of limitations under the latest legal doctrine.

The recommendation follows a recent ruling by the Supreme Court that set the prescriptive period for cyberlibel at one year. The clarification departs from an earlier interpretation of a 2018 decision that had been understood by some courts to allow a 15-year period for prosecution.

“Prescription is the legal time limit within which a criminal information must be filed,” the OSG said. “Once that period lapses, the state can no longer prosecute.”

Government lawyers said the rule on prescription is meant to encourage diligence among prosecutors while protecting defendants from the burden of defending against stale charges.

The case stems from an article published on the news website run by Ms. Ressa that was updated in 2014 and later discovered by the complainant in 2016. Under the one-year prescriptive period, the filing of charges in 2019 would have come too late.

The OSG said it had questioned the shorter prescriptive period but now accepts the one-year limit set by the high court, describing it as providing a “workable, predictable limiting principle” for determining when cyberlibel cases may be filed.

“The OSG’s mandate in criminal proceedings is not confined to seeking convictions,” the office said. “It includes assisting the courts in arriving at a just and legally correct disposition, grounded on the Constitution, statutes, and controlling jurisprudence even, especially when the law requires acquittal.”

The office said cyberlibel remains punishable under Philippine law, particularly given the speed and reach of online content.

However, the one-year period helps balance the state’s interest in protecting reputation and privacy with constitutional guarantees of free speech and press freedom.

The OSG said it respects the independence of the Judiciary and will abide by the Supreme Court’s final ruling on the case.

Ms. Ressa and her news website Rappler were acquitted of tax fraud by a trial court in 2023.

Rappler earned a reputation for its intense criticism of former President Rodrigo R. Duterte and his deadly war on drugs. Ms. Ressa had accused the government of political harassment and of attacking press freedom. — Erika Mae P. Sinaking