MANILA, Philippines — The Manila court handling the cyberlibel case against Rappler and its CEO Maria Ressa has allowed them to file a pleading seeking the case’s dismissal without presenting counter-evidence.
In a one-page order dated October 8, Manila Regional Trial Court Branch 46 Presiding Judge Rainelda Estacio-Montesa granted Ressa’s Motion for Leave of Court to file Demurrer to Evidence.
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This means that Ressa is allowed to file a demurrer to evidence, a legal challenge to the sufficiency of the prosecution’s evidence against her.
A demurrer to evidence paves the way for the dismissal of the case halfway through the trial, without the accused having to present counter-evidence.
Rappler is given 10 days to file the motion, while the prosecution is given the same period to file a comment. After the parties submit their pleadings, the court will deem it submitted for resolution.
Ressa and Rappler’s former reporter Reynaldo Santos Jr. are facing a cyberlibel charge over a May 2012 article.
The article cited an “intelligence report” saying businessman Wilfredo Keng had been under surveillance for his alleged involvement in human trafficking and drug smuggling.
Keng said the article was malicious.
The DOJ indicted Rappler, Ressa and Santos on cyber libel charges, despite the cybercrime law being signed four months after the publication of the story.
State prosecutors pointed out that the story was updated on Feb. 19, 2014, which puts it under the “multiple publication rule.” — Kristine Joy Patag