The Office of the Solicitor General (OSG) has asked the Supreme Court to acquit Rappler CEO Maria Ressa and former Rappler researcher Reynaldo Santos Jr. in their cyber libel case, saying the charges against them were filed beyond the legal time limit.

In a manifestation and motion submitted to the high court, the OSG recommended that the conviction of Ressa and Santos be overturned.

““… in the faithful discharge of her duties as an officer of the court and as the People’s Tribune, the Solicitor General most respectfully recommends the acquittal of petitioners on the basis of prescription,” Solicitor General Darlene Berberabe said in a manifestation dated March 6, and released on Tuesday, March 10.

Manila Regional Trial Court found Ressa and Santos guilty in 2020 of cyber libel under the Cybercrime Prevention Act. The Court of Appeals later upheld the conviction, prompting the journalists to elevate the case to the Supreme Court.

The case stems from a Rappler article published in 2012 that linked businessman Wilfredo Keng to alleged criminal activities based on intelligence reports and mentioned that he had lent a sports utility vehicle to then Chief Justice Renato Corona.

Keng filed a complaint with the National Bureau of Investigation in 2017. The complaint was later forwarded to the Department of Justice, which filed the cyber libel case in court in 2019.

In its latest filing, the OSG argued that the prosecution of the case should no longer proceed because the offense had already been prescribed. 

“Upon a considered rethinking of the demand to balance the protection of reputation, privacy, and dignity with the constitutionally guaranteed rights and liberties, the OSG now accepts the Court’s judgment in Causing and its consequent application to the instant case,” it added.

The OSG explained that prescription rules exist to encourage prompt prosecution and to protect individuals from being forced to defend themselves against charges filed long after the alleged offense occurred.

The Supreme Court will decide whether to adopt the OSG’s recommendation and overturn the cyber libel conviction against Ressa and Santos.

“Only lawful disposition is acquittal,” OSG said.