Journalist Maria Ressa, Rappler acquitted of tax evasion | ABS-CBN
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Journalist Maria Ressa, Rappler acquitted of tax evasion
Journalist Maria Ressa, Rappler acquitted of tax evasion
Adrian Ayalin,
ABS-CBN News
Published Jan 18, 2023 10:11 AM PHT
|
Updated Jan 18, 2023 11:46 PM PHT
MANILA (3rd UPDATE) — Journalist and Nobel laureate Maria Ressa her media company Rappler Holdings Corporation (RHC) were acquitted Wednesday by the Court of Tax Appeals (CTA) on four counts of tax-related charges.
MANILA (3rd UPDATE) — Journalist and Nobel laureate Maria Ressa her media company Rappler Holdings Corporation (RHC) were acquitted Wednesday by the Court of Tax Appeals (CTA) on four counts of tax-related charges.
The CTA First Division found Ressa and RHC not guilty on three counts of failure to supply correct information and one count of tax evasion, amounting to P141 million worth of taxes, including surcharge and interest.
The CTA First Division found Ressa and RHC not guilty on three counts of failure to supply correct information and one count of tax evasion, amounting to P141 million worth of taxes, including surcharge and interest.
Ressa and her legal counsel reiterated that there was no evidence on the tax cases against her and RHC.
Ressa and her legal counsel reiterated that there was no evidence on the tax cases against her and RHC.
The Department of Justice, which filed the charges in 2018, had said that RHC allegedly failed to file value-added tax (VAT) returns for the 3rd and 4th quarter and income tax return in 2015, in violation of Section 255 of the Tax Code.
The Department of Justice, which filed the charges in 2018, had said that RHC allegedly failed to file value-added tax (VAT) returns for the 3rd and 4th quarter and income tax return in 2015, in violation of Section 255 of the Tax Code.
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It also alleged that Ressa and RHC violated section 254 of the Tax Code, or an attempt to evade payment of taxes.
It also alleged that Ressa and RHC violated section 254 of the Tax Code, or an attempt to evade payment of taxes.
Ressa had pleaded not guilty to the charges against her and paid a bail of P204,000 at the CTA in 2020.
Ressa had pleaded not guilty to the charges against her and paid a bail of P204,000 at the CTA in 2020.
Ressa, who won the Nobel Peace Prize along with Russian journalist Dmitry Muratov in 2021, still faces three other criminal cases, including a cyber libel conviction currently on appeal, for which she could face nearly seven years in prison.
Ressa, who won the Nobel Peace Prize along with Russian journalist Dmitry Muratov in 2021, still faces three other criminal cases, including a cyber libel conviction currently on appeal, for which she could face nearly seven years in prison.
"Today, facts win. Truth wins," Ressa told reporters outside the Manila courtroom shortly after the verdict was handed down.
"Today, facts win. Truth wins," Ressa told reporters outside the Manila courtroom shortly after the verdict was handed down.
“These charges were a brazen abuse of power, political harassment against journalists trying to hold power to account. This is where business, capital markets, and press freedom meet. So this victory is not just for Rappler, it’s for every Filipino who has ever been unjustly accused,” she said.
“These charges were a brazen abuse of power, political harassment against journalists trying to hold power to account. This is where business, capital markets, and press freedom meet. So this victory is not just for Rappler, it’s for every Filipino who has ever been unjustly accused,” she said.
The 59-year-old has been battling a series of cases that media advocates say were filed due to her criticism of former President Rodrigo Duterte and his drug war, which claimed thousands of lives.
The 59-year-old has been battling a series of cases that media advocates say were filed due to her criticism of former President Rodrigo Duterte and his drug war, which claimed thousands of lives.
Duterte's government said previously it had nothing to do with any of the cases against Ressa.
Duterte's government said previously it had nothing to do with any of the cases against Ressa.
Ressa and Muratov were awarded the 2021 Nobel for their efforts to "safeguard freedom of expression".
Ressa and Muratov were awarded the 2021 Nobel for their efforts to "safeguard freedom of expression".
Asked what the tax court ruling meant, Ressa said: "Hope. That's what it provides."
Asked what the tax court ruling meant, Ressa said: "Hope. That's what it provides."
Despite the ruling, the future of Rappler, which Ressa founded about a decade ago, remains uncertain.
Despite the ruling, the future of Rappler, which Ressa founded about a decade ago, remains uncertain.
It is still fighting a Securities and Exchange Commission (SEC) order to close it for allegedly violating a constitutional ban on foreign ownership in media.
It is still fighting a Securities and Exchange Commission (SEC) order to close it for allegedly violating a constitutional ban on foreign ownership in media.
The news organization, which remains operational, is accused of allowing foreigners to take control of its website through RHC's issuance of Philippine Depositary Receipts (PDR).
The news organization, which remains operational, is accused of allowing foreigners to take control of its website through RHC's issuance of Philippine Depositary Receipts (PDR).
Under the constitution, investment in media is reserved for Filipinos or Filipino-controlled entities.
Under the constitution, investment in media is reserved for Filipinos or Filipino-controlled entities.
The case springs from a 2015 investment by the US-based Omidyar Network, established by eBay founder Pierre Omidyar.
The case springs from a 2015 investment by the US-based Omidyar Network, established by eBay founder Pierre Omidyar.
Omidyar Network later transferred its Rappler investment to the site's local managers to stave off efforts to shut it down.
Omidyar Network later transferred its Rappler investment to the site's local managers to stave off efforts to shut it down.
Rappler lawyer Eric Recalde said that the PDRs were meant to raise capital and those were not sold for profit as Rappler does not sell securities.
Rappler lawyer Eric Recalde said that the PDRs were meant to raise capital and those were not sold for profit as Rappler does not sell securities.
“Rappler undertook this capital raising activity precisely for expansion, to have a vibrant press and this case, that taxation cannot be used by the government to muzzle press freedom,” Recalde said.
“Rappler undertook this capital raising activity precisely for expansion, to have a vibrant press and this case, that taxation cannot be used by the government to muzzle press freedom,” Recalde said.
Francis Lim, another lawyer for Rappler, also said he was hopeful on the other cases based on Rappler's PDRs, including the SEC closure order that the news organization had appealed before the Supreme Court.
Francis Lim, another lawyer for Rappler, also said he was hopeful on the other cases based on Rappler's PDRs, including the SEC closure order that the news organization had appealed before the Supreme Court.
“I don’t want to preempt the RTC, but they should take guidance from this court. I am not saying that this court decision is binding on them, but it should provide some enlightenment to the RTC of Pasig,” said Lim.
“I don’t want to preempt the RTC, but they should take guidance from this court. I am not saying that this court decision is binding on them, but it should provide some enlightenment to the RTC of Pasig,” said Lim.
President Ferdinand Marcos Jr. said in September he would not interfere in Ressa's cases, citing the separation of powers between the executive and judicial branches of government.
President Ferdinand Marcos Jr. said in September he would not interfere in Ressa's cases, citing the separation of powers between the executive and judicial branches of government.
REACTIONS
Member states of the Media Freedom Coalition (MFC) welcomed the CTA's decision favoring Ressa and RHC.
Member states of the Media Freedom Coalition (MFC) welcomed the CTA's decision favoring Ressa and RHC.
In a statement, the embassies of The Netherlands and Canada in the Philippines said the ruling “marks an important and positive step towards upholding rule of law and media freedom.”
In a statement, the embassies of The Netherlands and Canada in the Philippines said the ruling “marks an important and positive step towards upholding rule of law and media freedom.”
“Any measure that undermines the independence and freedom of the press must be strictly scrutinized with the highest standards of law and human rights,” the statement read.
“Any measure that undermines the independence and freedom of the press must be strictly scrutinized with the highest standards of law and human rights,” the statement read.
MFC is s a global diplomatic network of 52 countries that vow to defend media freedom “where and when it is under threat."
MFC is s a global diplomatic network of 52 countries that vow to defend media freedom “where and when it is under threat."
For his part, Denmark Ambassador to the Philippines Franz-Michael Mellbin expressed solidarity with Ressa and Rappler.
For his part, Denmark Ambassador to the Philippines Franz-Michael Mellbin expressed solidarity with Ressa and Rappler.
In a tweet, Mellbin described the CTA ruling as "an important and positive step towards upholding rule of law and media freedom in the Philippines."
In a tweet, Mellbin described the CTA ruling as "an important and positive step towards upholding rule of law and media freedom in the Philippines."
Justice Secretary Jose Crispin Remulla said he respects the court's acquittal of Ressa and Rappler, saying this is proof that rule of law exists in the country.
Justice Secretary Jose Crispin Remulla said he respects the court's acquittal of Ressa and Rappler, saying this is proof that rule of law exists in the country.
"The rule of law is here in the country. Wala tayong magagawa, eh yan talaga ang desisyon. We respect it, although I believe the prosecution is still filing a motion for reconsideration... Not yet until the resolution of the motion for reconsideration as far as double jeopardy is concerned," he said.
"The rule of law is here in the country. Wala tayong magagawa, eh yan talaga ang desisyon. We respect it, although I believe the prosecution is still filing a motion for reconsideration... Not yet until the resolution of the motion for reconsideration as far as double jeopardy is concerned," he said.
— With a report from Agence France-Presse; and Johnson Manabat and Willard Cheng, ABS-CBN News
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tax evasion
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