TWO of the country’s leading legal luminaries have thrown in their position after the second conviction of Rappler Chief Executive Maria Ressa by the Court of Appeals, with Atty. Larry Gadon saying he is willing to place a “bet” that she would soon be in jail and Atty. Ferdinand Topacio saying the Department of Justice (DOJ) can now instruct the Bureau of Immigration (BI) to issue an ‘HDO’ (Hold Departure Order) to prevent the possibility of Ressa fleeing the country for safer haven abroad.
In separate interviews over SMNI News Channel, Gadon, for his part, thumbed down the possibility of the Supreme Court overturning the decision of the Court of Appeals last July 8, 2022 that affirmed the 2020 decision of the Regional Trial Court of Manila, which found Ressa and Rappler writer, Reynaldo Santos Jr., guilty of cyber libel and sentenced them to imprisonment of between 6 months to 6 years in jail plus exemplary and moral damages amounting to P400,000.
The complainant, businessman Wilfredo Keng, was forced to sue Ressa and Santos after Rappler refused to air his side despite repeated requests (see related article in this issue).
Ressa, an American citizen and former Manila Bureau chief of CNN and who only acquire her Filipino citizenship in 2004, said in a press statement that she would appeal the decision before the Supreme Court.
But this early, Gadon is ‘predicting’ that the Supreme Court would also convict Ressa, noting that the facts of the case have been exhaustively discussed at the trial level. “The Supreme Court is an interpreter of the law and not of facts,” Gadon said.
Only in cases where the lower and appellate courts erred in the interpretation of the law can the SC come in, he noted further.
“Ako makikipagpustahan ako, makukulong yang si Ressa, ang kailangan lang bantayan,” Gadon added.
For his part, Topacio said that with Ressa’s second conviction by the CA, the government can now issue an HDO against Ressa to ensure the delivery of justice.
Before the CA decision, Ressa is forced to seek the court’s permission for her to travel outside of the country.
“Dun kasi sa RTC, before her conviction, there is always the ‘presumption of innocence,’” Topacio said.
Pero ngayon na dalawang beses na siyang na-convict, puwede nang mag-isyu ng HDO para matiyak na hindi siya makakalabas ng bansa at matiyak na mamaharap niya ang kanyang mga kaso at ang parusa laban sa kanya,” Topacio said.
Topacio also criticized Ressa and and her foreign supporters for interfering with the country’s judicial process.
“Ako, as an officer of the court, at kahit siguro ang ating mga huwes, nababastusan ako na pinakikialaman tayo ng mga dayuhan,” Topacio said.
Still the least trusted media organization
The legal woes of Ressa and Rappler—ordered shutdown for the second time by the Securities and Exchange Commission with the approval of the CA for accepting foreign money despite being banned by the Philippine Constitution—came on top of the latest survey of Publicus Asia, Inc., that again identified Rappler as the least trusted media outfit in the country
Based on the survey firm’s 2022 Second Quarter Survey (PAHAYAG), held between June 16 to June 22, 2022 and covering 1,500 respondents, Rappler has the highest ‘distrust’ rating at 41 percent and a trust rating of 21 percent, followed by ABS-CBN at 35 percent low rating and approval rating of 33 percent. The survey asked the respondents to assess the performance of 16 national media outfits.
Topping the list of Publicus’ ‘Media Trust Index’ is CNN Philippines at 46 percent trust rating.
The latest survey again relegated Rappler to the bottom of media outfits in terms of credibility, an embarrassing record that Rappler continues to hold on since last year (see also Pinoy Exposé, April 16, 2022).