Manila RTC denies Rappler’s bid for demurrer of evidence in Keng cyberlibel case

By Erma Edera The Manila Regional Trial Court (RTC) Branch 46 has denied Rappler's bid to junk cyber libel case filed by businessman Wilfredo Keng. A guard opens a door at the office of Rappler in Pasig, Metro Manila, January 15, 2018. (REUTERS/Dondi Tawatao/File Photo / MANILA BULLETIN) Manila RTC Judge Rainelda Estacio-Montesa denied the demurrer to evidence filed by its Executive Editor and CEO Maria Ressa and former researcher Reynaldo Santos. A demurrer to evidence, when granted by the court, would result in the dismissal of the case halfway through the trial and eventual acquittal of the accused based on insufficiency of prosecution evidence. The Manila court said that malice, an element of libel, is presumed in cases involving private individuals. "The evidence for the prosecution is competent and sufficient to sustain the indictment for Violation of Section 4 (C)(4) of Republic Act 10175 against all the accused. It now behooves upon all the accused to adduce evidence to controvert those presented by the prosecution in a full-blown trial," the decision read. The court also justified ex-Rappler researcher Reynaldo Santos, Jr. and Ressa's inclusion in the case since they were the author and the CEO and executive editor of Rappler, respectively. "Defense by their own evidence has the burden of proving that the communication is one considered as privileged as prosecution enjoys the presumption given by law," said the court. The court also applied the  multiple republication rule on libel in print media to cyber libel, meaning, a single defamatory statement if published several times, gives rise to as many offenses as there are publications. "The contention that the subject article does not constitute republication as there was no substantial change made deserves scant consideration considering that it is evidentiary in nature which the defense should prove during trial," said the court. The case stemmed from the complaint of Keng regarding the May 29, 2012 Rappler article written by former Rappler reporter Reynaldo Santos Jr. titled “CJ Using SUVs of Controversial Businessman”. The article wrote that then Chief Justice Renato Corona was using a 2011 Chevrolet Subarban which was found registered to Keng whom Santos described as “shady” and involved in human trafficking and drug smuggling. The presentation of evidence of the defense will start on December 6.