Government lawyers asked the Supreme Court (SC) on Monday, March 7, to stop immediately the implementation of the poll body’s memorandum of agreement (MOA) with news outfit Rappler on the provision of “fact-checking, poll-related content production, and voter awareness promotion during the election season.”
In a petition, the Office of the Solicitor General (OSC) told the SC that the Comelec-Rappler MOA “is void for being violative of the Constitution and other laws, not to mention its being onerous to the Government and the Republic.”
A copy of the petition was not available. OSG representatives who filed the petition gave journalists what they called as “summary” of the case.
Last week, the OSG gave Comelec until March 4 to rescind the MOA which the poll body signed with Rappler last Feb. 24.
If not rescinded, it said: “The OSG, as the People’s lawyer, may have to file the necessary case in court to declare the nullity of the MOA by 7 March 2022.”
When Comelec did not heed the advise, the OSG filed its petition with the SC.
Among other things, the OSG’s “summary” stated:
“Today's event is an unprecedented one, as the government's chief lawyer sues one of its statutory clients ultimately in the interest of preserving the integrity of the country's elections which is just two months away.
“The OSG, in its 28 February 2022 Letter, urged the Comelec to rescind the MOA within five (5) days, or until 4 March 2022; otherwise, the OSG warned that it will file the necessary case in court as People's Tribune to declare the nullity of the MOA by 7 March 2022.
“On 4 March 2022, the Comelec sent a letter to the OSG feigning ignorance of the legal reasons set forth by the OSG to rescind the MOA. Regrettably, up to this time, despite the OSG’s advice that the MOA is void and illegal, the Comelec still chose to not rescind the MOA.
“Given the urgency of the situation and the transcendental importance of the issues involving matters of public interest, Solicitor General Jose C. Calida urges the highest court of the land to exercise its constitutional mandate to stop the numerous violations of the 1987 Constitution and other laws in the execution of the Rappler-Comelec MOA and to immediately issue a temporary restraining order.
“It is beyond belief that Comelec has allowed a foreign non-registered entity to interfere the conduct of the country's elections! The SEC had earlier revoked Rapper's Certificate of Incorporation. On appeal, the Court of Appeals (CA) did not issue any resolution which stayed or reversed the revocation. Even after the SEC reviewed a supposed supervening event after the CA remanded the case, the SEC maintained the revocation.
“The Solicitor General's petition avers that even if Rappler were treated as an existing corporation, it is a foreign mass media entity managed by an American citizen and whose operations are funded and/or controlled by foreign entities that include Omidyar Network Fund L.L.C.
“It is primarily based on this fact that the MOA violates the constitutional and statutory proscription against foreign interference in the country's elections, the OSG argues in its Petition. Rappler's interference pursuant to the MOA comes in various forms.
“Specifically, Comelec has essentially ‘co-shared’ with Rappler its power to decide on all questions affecting elections pursuant to Part I, Paragraph 1 (b) of the MOA. This is in clear usurpation of its sole power to decide on such questions under Section 2 (3), Article IX-C of the Constitution. Part I, Paragraph 5 of the MOA authorized Rappler to alert Comelec on any election-related posts in social media and with the sole discretion to determine what it deems ‘false, misleading and harmful information.’ Such power granted by Comelec in favor of Rappler clearly constitutes prior restraint on freedom of speech and of expression.
“The MOA likewise breeds unconstitutional incursion into an individual's right to privacy, as Rappler was granted access to key information and confidential data of registered voters absent any proper and narrowly focused safeguards on the retrieval, use, and storage of such data.
“Finally, Part Il paragraph 3 of the MOA grants to Rappler unqualified access to ‘data of untransmitted votes to all the canvassing centers due to lowering of threshold, and such other technical issues in the Automated Elections System,’ without any safeguards on how the Comelec or Rappler will protect the sanctity of the untransmitted votes.
“The endless possibility here is that Rappler may control any election narrative that suits the agenda of Rappler's foreign owners which will not be for the benefit of the Filipino people. The Comelec has wittingly lent credence to Rappler's story line about the Philippine elections due to Rapper's unbridled rights under the MOA.
“Collectively, these powers granted to Rappler constitute ‘taking part or influencing in any manner in any election’ within the prohibition set forth in Section 81, Article X of the Omnibus Election Code.
“Solicitor General Calida emphasized the urgency to restrain Rappler as there are 63 days left before the May 9, 2022 elections. As a matter of fact, the Comelec Presidential & Vice Presidential debates are set on March 19, 2022 where foreign funded Rappler must not be allowed to interfere or get involved.
“Every Filipino deserves and aspires for a free, orderly, honest, peaceful, and credible elections. However, these constitutional goals cannot be attained if the Comelec is allowed to continue its void and unconstitutional partnership with Rapper. The Rappler-Comelec MOA must be declared null and void.”