RAPPLER executive editor and CEO Maria Ressa showed up on Monday at the National Bureau of Investigation for an initial hearing on the complaint for violation of Republic Act 10175 or the Cyber Crime Prevention Act filed by businessman Wilfredo Keng about an article in 2012.
Ressa, accompanied by her lawyers led by UP professor Jose Jesus Disini
Jr., said she was complying with the subpoena issued by the NBI Cybercrime Division to discuss the cyber libel complaint filed by Keng who was the subject of an investigative report by Rappler in May 2012, or four months before RA 10175 was enacted.
The NBI also subpoenaed former Rappler writer Reynaldo Santos Jr. and businessman Benjamin Bitanga but they did not appear Monday.
Bitanga was an incorporator of Dolphin Fire, which is a shareholder in Rappler Holdings but does not sit on the board of Rappler Incorporated.
However, Ressa said Rappler was not given a copy of the complaint when the NBI served the subpoena.
“We have nothing to hide. As you all can [see] I’m right here. We don’t have a copy of the complaint, so I don’t know what kind of questions they will ask of me but we are not afraid,” Ressa said, in an interview before she proceeded to the office of the NBI Cyber Crime Division.
The subpoena was dated Jan. 10, a day before the Securities and Exchange Commission ordered the revocation of Rappler’s registration.
In its order, the SEC said Rappler should be held liable circumventing constitutional restrictions on foreign ownership.
Ressa later told reporters that the discussion was about the 2012 article of Rappler.
She added the discussion was cordial but declined to give further details, saying it was confidential.
NBI Cybercrime Division chief Manuel Eduarte said the article published by Rappler which was used as basis by Keng to sue Ressa was still covered by RA 10175 even if it was published before the said law was enacted.
Eduarte cited the theory of continuous publication that could be applied in the case, explaining that Keng could be presumed to have seen or read the article only after the enactment of RA 10175.
The article written by Santos alleged that Keng allegedly lent his sports utility vehicle to then Chief Justice Renato Corona.
The NBI Cybercrime Division received Keng’s complaint in October last year.
At the same time, Eduarte said the NBI investigation should not be lumped with SEC case against Rappler as it had nothing to do with it.
Justice Secretary Vitaliano Aguirre II has also ordered the NBI to conduct an investigation on Rappler based on the SEC order.
But Ressa said she believed the complaint was part of the move to silence the media.
“I believe this is a concerted effort that can have an impact on all of us, on press freedom. We will continue the fight on any front and we will face any charge against us,” she stressed.
Ressa also said Rappler would cooperate with any investigation.
“That doesn’t mean that the proceedings were not friendly; on a case to case basis we will continue to address it but when you look at the full pack, it is really clear,” she said.
Ressa, Santos and Bitanga were given 10 days within which to comment on the complaint according to Eduarte after which the NBI will evaluate whether to pursue the charges before the DOJ.
