complaint for cyber libel philippines

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(READ: “The article written was committed by means of publication in the online platform and website of Rappler, which is open and available for public consumption since the date it was posted, which was on May 29 2012 and updated on February 19 2014,” the complaint said. Photo by KJ Rosales, The Philippine STAR, Lawyer Manuel Rodriguez II said Cañete’s remarks were “wrong” and the Tolentino resolution was inapplicable in other cases because “, Far Eastern University Institute of Law dean Mel Sta. 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. Act No. Cyber libel complaint vs Rappler sparks discussion. If you have leads, email lian.buan@rappler.com or tweet @lianbuan. Metro Manila (CNN Philippines, July 28) — Misibis Bay Resort owner Elizaldy "Zaldy" Co said Sunday he will file a motion for reconsideration after his cyber libel complaints … Journalist Maria Ressa found guilty of "cyber libel" by Philippines court. He does not sit on Rappler Inc's board. 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. MANILA, Philippines — Two journalists in Camarines Norte were jailed for six hours on Tuesday over a cyber libel case filed against them by Camarines Norte Gov. Cagayan de Oro City 2nd District Rep. Rufus Rodriguez sought to “put to rest the issue of prescription of the crime of cyberlibel” by filing House Bill No. of Dolphin Fire, which is a shareholder in Rappler Holdings Corporation, the parent company of Rappler Inc. MANILA, Philippines (3rd UPDATE) – Rappler CEO Maria Ressa was arrested early Wednesday evening, February 13, in relation to a cyber libel charge. MANILA, Philippines – Businessman Wilfredo Keng filed a cyber libel complaint against Rappler for a report that linked him to illegal activities including human trafficking and drug smuggling. Gesmundo is currently the only member of the division that tackled Tolentino’s case who has not yet retired – and can still participate in a future case where the prescription issue may be raised again. Section 5. According to a 2002 Philippine Star report, Keng was also accused of smuggling fake cigarettes and granting special investors residence visas to Chinese nationals for a fee. Hong Kong (CNN Business) Embattled Philippines journalist Maria Ressa was found guilty of "cyber libel" Monday, in a case she and press freedom groups have described as a … She filed a cyber libel case and the Quezon City RTC Branch 90, in a March 19, 2018 order, denied Tolentino’s motion to quash the case. Cyber libel complaint vs Rappler sparks discussion). “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. 3326 provides for a 12-year prescription period for offenses under special laws that are punishable by more than six years’ imprisonment. In 2016, Keng’s lawyers got in touch with Rappler and sent the office a letter dated August 2016 from the Philippine Drug Enforcement Agency (PDEA). May ruling na Supreme Court sa prescription period on cyber libel. Instead of Act No. Since all criminal laws are not retroactive, Keng’s lawyers justified their invoking the Cybercrime Law: “The article written was committed by means of publication in the online platform and website of Rappler, which is open and available for public consumption since the date it was posted, which was on May 29 2012 and updated on February 19 2014,” the complaint said. Though the NBI itself has branded it a cyber libel complaint, the header of the affidavit-complaint actually cites the "ordinary" crime of libel, as punishable by Article 355 of the Revised Penal Code (RPC). (4) Libel. 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. “Like ‘Bikoy’, Facebook and YouTube must be held accountable. When this was pointed out in a press conference on January 19, Eduarte said “there is allegation in (Bitanga’s) interest also, a probability of his involvement in this case before us.”. Metro Manila (CNN Philippines, October 27) — Online scams and libel cases top the cybercrime list of the Philippine National Police (PNP) from … Not writs. Rappler's lawyer Jose Jesus "JJ" Disini said libel under the RPC has a prescriptive period of one year, which has lapsed. Veteran broadcast journalist and Rappler executive editor Maria Ressa at the Manila regional trial court on June 15, 2020 for the promulgation of the decision on the cyber libel case filed against her by businessman Wilfredo Keng. Academia.edu is a platform for academics to share research papers. Photo by KJ Rosales, The Philippine STAR By 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. 3326 to extend the prescription period to 12 years. — The following acts shall also constitute an offense: 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. We use cookies to help give you the best browsing experience. “The article was published by Rappler, without observing the ethical standards of journalism. The SC, in this resolution, did not mention if it was treating cyber libel as a different crime from ordinary libel. This is the theory of continuous publication, which is what Eduarte cited in saying that Rappler could still be liable for cyber libel despite a non-retroactive law. Jailed. was published Facebook and YouTube must be held accountable it described Keng as a different from... By more than six years ’ imprisonment 19, 2017 two years after the.. ” Cañete said the issue thus far Tolentino ’ s pronouncement of a 15-year prescription period was in! Are punishable by more than six years ’ imprisonment to the late former chief Renato. Appeal eventually reached the SC ’ s position was published by Rappler, without observing the ethical of. @ lianbuan embassy at the time not sit on Rappler Inc Rappler by Lian Nami Buan on Scribd –.. The best browsing experience National Bureau of Investigation in October 2017 get visas to the former... Was cordial, and that it showed that this was the only time the... 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