Palace: UN expert's call to drop charges vs Rappler assaults sovereignty

MANILA, Philippines — Malacañang has accused a United Nations expert who called for the dropping of charges against journalist Maria Ressa and her website Rappler of "assaulting" the Philippines' sovereignty and "politicizing" a serious crime. 

Presidential spokesman Salvador Panelo said David Kaye—UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression—had barged into the country's legal and judicial processes when he urged the government to drop the tax evasion charges against Ressa. 

READ: No persecution in warrants vs Rappler's Ressa, Palace says

"Without the benefit of factual information, Mr. Kaye, UN Special Rapporteur on freedom of expression, has called on the government to drop the tax evasion charges against Rappler and its head, Maria Ressa, contending falsely that the same constitutes censorship," Panelo said in a statement issued last Saturday. 

Kaye's five-paragraph statement, which was published by the Office of the High Commissioner for Human Rights, devoted one paragraph to the tax evasion cases against Ressa and Rappler.

The special rapporteur voiced his concern but the statement did not threaten or even suggest any kind of action against the Philippine government.

"We expect the UN representative to be more circumspect instead of politicizing a crime and ignoring its gravity and assaulting the sovereignty of our country," he added. 

Tax cases vs. Rappler

Rappler Holdings, the parent firm of news website Rappler, and Ressa are facing five tax evasion cases. The justice department has accused them of not filing a value-added tax return for the second quarter of 2015. 

Rappler Holdings has also been accused of not paying more than P294,000 in tax deficiencies after allegedly earning P2.45 million from the sale of Philippine depositary receipts to a foreign company. Other cases stemmed from Rappler's alleged failure to file value added tax and income tax returns and its supposed attempt to evade the payment of taxes. 

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Rappler has claimed to have been deprived of due process, citing what it described as an "obvious haste and lack of objectivity and neutrality of the government." It has also alleged that the filing of tax charges was "a clear case of persecution rather than prosecution.” Rappler has also maintained that it never tried to hide any transactions from the tax bureau. 

Kaye has called on the Duterte administration to drop the charges against Rappler and Ressa, claiming the cases were being used as a "censorship tool." The UN expert has also described the charges as "a serious threat against independent and investigative journalism in the Philippines." 

Palace: Tax evasion is a serious offense

Panelo stressed that the cases against Rappler and Ressa have nothing to do with press freedom. 

"For Mr. Kaye's enlightenment, tax evasion is a serious offense not only in the Philippines but in other countries as well. The case against the media outfit has absolutely nothing to do with the freedom of expression," Panelo said.  

"Being a media entity and a journalist cannot shield them from criminal prosecution when they violate the law. A court of competent jurisdiction has found probable cause against them; hence, they have been formally charged," he added. 

In October 2017, the Bureau of Internal Revenue withdrew tax cases against a tobacco company in light of a P25-billion settlement to the government. 

Palace: Freedom of expression 'very much respected'

Panelo claimed that the right to expression is "very much respected" in the country.

"The fact that Rappler and its reporters continue to publish articles of dissent against this administration is an eloquent testimonial. The fact that detractors and critics of the president continue to air their protests in various media platforms against our policies is another irrefutable proof," the presidential spokesman said.  

"Should there be cases of censorship, people are always free to seek redress from the courts. We note that there are no reports of such cases," he added.

Media watchdog Center for Media Freedom and Responsibility said last week that the cases against Rappler are meant "to demonstrate that [government] will not tolerate the unfettered exercise of free expression and press freedom as provided by the Constitution."

"Already, the free-wheeling style of the Philippine press has been tamed.  Critical reports are limited to a few news organizations. In others,  these have been junked or restrained and sanitized," it said as it pointed out that a newspaper and a TV station have also been threatened.

"The chilling effect has been obvious. Never has an administration been given such broad latitude by the press, with reports that merely record the statements of government officials, without correction as needed, without question or analysis," it also said.

"This president has succeeded into bullying a press that had in the past proven its courage and capacity to speak truth to power, exposing with world-class investigative reports corruption and other wrongdoing in high places. The president has succeeded to instill fear in the press community, especially among the owners of the media."