raps rain on rappler

Philippine journalist Maria Ressa (C) arrives at a regional trial court in Manila to post bail on February 14, 2019. - Ressa was freed on bail on February 14 following an arrest that sparked international censure and allegations she is being targeted over her news site's criticism of President Rodrigo Duterte. (Photo by Noel CELIS / AFP)

February 16th, 12:05am February 17th, 11:17am Kristina Maralit

Rappler Inc. and its chief executive officer (CEO) Maria Ressa likely face more legal trouble after businessman Willie Keng, who filed cyber libel charges against her, said yesterday he was “exploring other cases that can be filed” against both as he decried what he said were their attempts to mislead the public.

In a statement, Wilfredo Keng slammed what he said was Rappler’s and Ressa’s “ingenious attempt to divert attention away from this singular legal issue,” by “intentionally and wrongfully lump(ing) my case together with all other cases” that have been filed against them, and “postur(ing)” the cases as “alleged concerted silencing maneuvers by the government.”

“I have nothing to do with and I am in no way being used by the government. I am an ordinary, private citizen and this is a personal, private suit. It is a basic remedy filed against defamatory words,” Keng said.

The case “does not tackle state suppression of policy criticism or of free expression of sentiment” and its “filing and progression do not impinge in any way on freedom of speech and of the press, freedoms which I fully believe in and support,” he added.

The businessman said he will pursue the criminal case against Rappler and Ressa. “I am currently exploring all other cases that can be filed against them. In doing so, I know that I face a hard fight and a formidable opponent,” Keng said.

“I am a Filipino citizen and it is my right to pursue this legal battle. I will not be swayed,” he added.

Keng said he knew that he is up “against an extraordinary and powerful accused, supported by politicians, foreign organizations and international outfits.”

“With their combined machinery, they can act as critic, influencer and judge all at the same time. I know that there is a possibility that I may lose,” he said.

He added he decries any attempt “blatant or veiled, to mislead the Filipino people and thwart public appreciation of the real issue at hand.”

“I likewise implore my countrymen to be vigilant: truth and justice are not always on the side where they are traditionally assumed to be. I further denounce any attempt to condescend against my exercise of my constitutional right to personally and directly seek redress for the damage I sustained as a result of intentional and injurious words,” he said.

The former regime’s practice of selective justice is not a habit of President Rodrigo Duterte, Palace officials said yesterday.

Presidential Communications Operations Office (PCOO) Secretary Martin Andanar refuted claims made by Rappler CEO Maria Ressa that her recent arrest was selective and an attack on her rights to freedom of expression.

Presidential spokesman Salvador Panelo said the rule of law was followed in the arrest of Ressa for cyber libel amid criticisms of suppressing press freedom.

“Under the Constitution, before a judge can issue a warrant for an arrest of a person, he has to personally go through the evidence presented before the court and determine whether there is probable cause,” Panelo said.

“And obviously the judge saw… found probable cause. Hence, there is an issuance of a warrant for her arrest — that is an observance of the rule of law,” he added.

“Press freedom is alive and well in the Philippines,” Andanar said in a statement.

“Not a few journalists have faced, or are facing, libel charges for articles they have written and caused to be published. And they go through the process of getting arrested, posting bail and going to trial without fanfare and, in many cases, without adequate legal assistance,” he said.

There are media workers who, according to Andanar, unfortunately do not get the opportunity to avail themselves of due process, but are just physically assaulted or murdered in cold-blood for their hard-hitting news.

These incidents are the types of case that the Presidential Task Force on Media Security (PTFoMS) deals with daily in fulfilling its mandate of addressing issues on the safety of media workers.

The Communications chief said Ressa and her legal team should see the legal battle as the “perfect opportunity” to exercise their right to present evidence that will exonerate the embattled journalist and her media outlet from the charges when the case proceeds to trial.

“There are available remedies that they can exhaust to protect their rights and certainly they are not lacking in legal advice from their formidable team of lawyers,” said Andanar, himself a former mediaman.

He added the PTFoMS is “well aware of the current legal problems” besetting Ressa and Rappler and reiterated that this is not an isolated case.

“Maria Ressa is entitled to the presumption of innocence. That’s why I told her to prepare for her defense. Just leave the case to the court. It’s there already,” Panelo said.

The spokesman denied Mr. Duterte is abusing his power with regard to Ressa’s case.

“Excuse me, Maria, abuse of power? You are the one abusing your power as a journalist. You’re marshalling your colleagues to support you on the basis of a misplaced and baseless cause,” he said.

“What is the cause? The cause is you’re saying that the government is instilling fear because of the case filed against you. There is no connection whatsoever,” he added.

Panelo, also chief presidential legal counsel, cited equality under the law in Ressa’s arrest after the latter’s claim of being arrested late in the afternoon, rendering her unable to post bail.

“The warrant is directed to a peace officer to arrest her or any person for that matter facing a criminal charge as soon as possible — or in other words, immediately. There is no specific time frame. The direction is to bring that person before the court in accordance with law,” he said.

“Oh Maria, you want to be treated differently from a class of persons subject to a warrant of arrest just because you are a high-profile journalist? Excuse me Maria, the law is no respecter of social status — everyone is equal under the law. Just because you are a high-profile journalist, you want to be treated differently,” he added.

Panelo said Ressa should blame her lawyers for not being able to post bail on Wednesday evening.