MANILA, Philippines — Rappler CEO Maria Ressa and former reporter Reynaldo Santos Jr. have filed on Thursday their defenses on the cyber libel complaint filed by businessman Richard Keng over an article published by the news outfit in 2012.
Ressa and Santos filed their respective counter-affidavits before the National Bureau of Investigation's Cybercrime Division. They both asked the NBI to drop the complaints against them, citing that the statute of limitations has since passed since the "publication" of the article.
READ: Rappler CEO Ressa appears before NBI for cybercrime probe
"Under Article 90 of the [Revised Penal Code], the crime of libel or other similar offenses are extinguished by prescription in a period of one year," Ressa said.
"Since it has already been more than five years after the said article was published and almost three years after it was updated, and to date, no complaint has been filed with any prosecutor, with regard to the publication of the said article, then it is obvious that the crime of libel has already been totally extinguished by prescription," she added.
READ: NBI: Rappler may still be liable for pre-Cybercrime Law article
Keng raised an issue with the story posted on the news site in May 2012. The businessman, however, filed a complaint before the NBI only in October last year, more than five years since the story was published.
Santos, who was then part of Rappler's investigative arm, reported in 2012 that Keng lent his SUV to then Chief Justice Renato Corona who was facing an impeachment case in the Senate.
The businessman claimed that Rappler did not observe "ethical standards of journalism" when it published the story.
"Based on all the foregoing, it is clear that no crime of libel or even Cyber Libel has been committed against the complainant. Perforce, this Honorable Office has no reason to subject me to any further investigation," Ressa said.
Santos echoed Ressa's arguments in his counter-affidavit.
Rappler is also facing a legal battle, this time at the Court of Appeals, after the Securities and Exchange Commission ordered the cancellation of its corporation registration.
The SEC said that it found violations of the constitutional prohibition against foreign ownership of local media.
Rappler, however, denied that its foreign investors have control over the company.
On January 29, the company filed a petition for review before the appellate court to void the said SEC ruling. Rappler said that the SEC issued the order in haste and that it violated their constitutional right to due process.
Rappler has cried harassment over the closure order, a claim that was denied by President Rodrigo Duterte.