SolGen move to acquit Ressa slammed

Political analysts have criticized the Office of the Solicitor General (OSG) for its recent recommendation to the Supreme Court (SC) to acquit Rappler CEO Maria Ressa of cyber libel.

The move, led by Solicitor General Darlene Marie Berberabe, involves a manifestation and recommendation for acquittal filed over the weekend.

The OSG is asking the high court to overturn the 2020 conviction of Ressa and former Rappler researcher Reynaldo Santos Jr. in a case filed by a businessman in 2019.

Alex Magno, a longtime University of the Philippines political science faculty member, characterized the action as "discourteous" to the judiciary in his 21 March column. He cited that the Manila Regional Trial Court’s 2020 conviction was unanimously affirmed by the Court of Appeals in July 2022.

"She is not being very polite here," Magno wrote, adding that the Solicitor General is expected to represent the government’s interests rather than personal associates. Magno alleged a potential conflict of interest, claiming Berberabe once served as a lawyer for the defendant.

On the other hand, Rigoberto Tiglao, in a 23 March column, accused the Solicitor General of disrespecting the Supreme Court and ignoring constitutional protocols. He argued that Berberabe's claim—that the one-year prescription period for the crime had lapsed—contradicts established jurisprudence.

Tiglao cited a 2018 ruling in Tolentino v. People, which set the prescription period for cyber libel at 15 years. He asserted that no doctrine laid down by the court can be modified or reversed except by the court sitting en banc.

"SolGen Berberabe shocked the legal community when she asked the court to acquit Ressa," Tiglao wrote, arguing that the OSG’s stance ignores the 2018 precedent.

To recall, Ressa and Santos were sentenced to a prison term ranging from eight months and 20 days to six years, along with P400,000 in damages. They petitioned the Supreme Court to reverse the conviction in November 2022.

The Supreme Court has yet to issue a ruling on the OSG's manifestation.