CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al | ABS-CBN
ADVERTISEMENT
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al
CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al
Mike Navallo,
ABS-CBN News
Published Apr 05, 2022 01:00 PM PHT
Rappler lawyer says recent admission in the US by Quiboloy paralegal ‘very significant devt’
Rappler lawyer says recent admission in the US by Quiboloy paralegal ‘very significant devt’
MANILA — Cagayan de Oro prosecutors have junked 7 cyber libel complaints against Rappler journalists, a professor and 3 former members of the Kingdom of Jesus Christ (KOJC) church over a series of articles accusing the religious group’s founder, Pastor Apollo Quiboloy, of sexual abuse, trafficking and fraud, among other cases.
MANILA — Cagayan de Oro prosecutors have junked 7 cyber libel complaints against Rappler journalists, a professor and 3 former members of the Kingdom of Jesus Christ (KOJC) church over a series of articles accusing the religious group’s founder, Pastor Apollo Quiboloy, of sexual abuse, trafficking and fraud, among other cases.
In a 3-page joint resolution dated February 18, prosecutors Ruby Teleron-Malanog, Alfonso Vicente, Jr. and Omar Sharief Naga dismissed the cyber libel complaint filed by Cherry Cabrillos, who identified herself as the Northern Mindanao cluster coordinator of KOJC.
In a 3-page joint resolution dated February 18, prosecutors Ruby Teleron-Malanog, Alfonso Vicente, Jr. and Omar Sharief Naga dismissed the cyber libel complaint filed by Cherry Cabrillos, who identified herself as the Northern Mindanao cluster coordinator of KOJC.
“She was not identified in the articles and recordings. Absent circumstances specifically pointing or alluding to a particular member of a class, no member of such class has a right of action,” the prosecutors said.
“She was not identified in the articles and recordings. Absent circumstances specifically pointing or alluding to a particular member of a class, no member of such class has a right of action,” the prosecutors said.
They also noted Quiboloy himself was not involved in filing the complaint.
They also noted Quiboloy himself was not involved in filing the complaint.
ADVERTISEMENT
“Although her was identified in the articles and recordings, however, he did not execute any affidavit. There is no showing that, as to Apollo Quiboloy, Cherry Cabrillos is competent to establish the presence of the fifth element,” the prosecutors explained, referring to the tendency to cause dishonor, discredit or contempt of the person allegedly defamed, an element of libel.
“Although her was identified in the articles and recordings, however, he did not execute any affidavit. There is no showing that, as to Apollo Quiboloy, Cherry Cabrillos is competent to establish the presence of the fifth element,” the prosecutors explained, referring to the tendency to cause dishonor, discredit or contempt of the person allegedly defamed, an element of libel.
Named as respondents in the complaint were Rappler Incorporated and its journalists Herbie Gomez, Inday Espina-Varona, Vernise Tantuco and Pia Ranada.
Named as respondents in the complaint were Rappler Incorporated and its journalists Herbie Gomez, Inday Espina-Varona, Vernise Tantuco and Pia Ranada.
Also impleaded were Ateneo professor Jayeel Cornelio and Quiboloy whistleblowers Arlene Stone, Faith Killion and Reynita Fernandez.
Also impleaded were Ateneo professor Jayeel Cornelio and Quiboloy whistleblowers Arlene Stone, Faith Killion and Reynita Fernandez.
In a series of reports and video interviews published on Rappler’s website and social media platforms in December last year, Stone, Killion and Fernandez detailed allegations of Quiboloy supposedly sleeping with “pastorals” or female personal assistants, including minors.
In a series of reports and video interviews published on Rappler’s website and social media platforms in December last year, Stone, Killion and Fernandez detailed allegations of Quiboloy supposedly sleeping with “pastorals” or female personal assistants, including minors.
They also shared the church imposed fund-raising quotas with severe consequences such as whipping and caning for failure to meet quotas or follow behavioral codes.
They also shared the church imposed fund-raising quotas with severe consequences such as whipping and caning for failure to meet quotas or follow behavioral codes.
The US Department of Justice in November last year announced the filing of sex trafficking charges against Quiboloy, incidentally, President Rodrigo Duterte’s spiritual adviser.
The US Department of Justice in November last year announced the filing of sex trafficking charges against Quiboloy, incidentally, President Rodrigo Duterte’s spiritual adviser.
The US Federal Bureau of Investigation placed him on its “most wanted” list in February this year on sex trafficking and bulk cash smuggling charges, among others.
The US Federal Bureau of Investigation placed him on its “most wanted” list in February this year on sex trafficking and bulk cash smuggling charges, among others.
Quiboloy supposedly employed force, fraud and coercion in allegedly committing these crimes.
Quiboloy supposedly employed force, fraud and coercion in allegedly committing these crimes.
Quiboloy’s Hawaii-based lawyer, Michael Jay Green, dismissed the allegations as claims of allegedly disgruntled former members who were accused of corruption and embezzling KOJC funds.
Quiboloy’s Hawaii-based lawyer, Michael Jay Green, dismissed the allegations as claims of allegedly disgruntled former members who were accused of corruption and embezzling KOJC funds.
Prosecutors did the "right thing," says Rappler lawyer
Rappler’s lawyer, former Supreme Court spokesperson Theodore Te, told ANC Rundown Tuesday, his clients have not even received a copy of the complaints filed in Cagayan de Oro City but praised them for doing the “right thing.”
Rappler’s lawyer, former Supreme Court spokesperson Theodore Te, told ANC Rundown Tuesday, his clients have not even received a copy of the complaints filed in Cagayan de Oro City but praised them for doing the “right thing.”
“The panel, the prosecutors, usually have discretion, to determine on their own, even without a counteraffidavit, if there is a basis to junk a complaint and here this is what the prosecutors did. They cited Rule 112 section 3(b) of the Rules of Criminal Procedure and that precisely gives the basis for prosecutors to determine on their own, even without a counteraffidavit submitted, if there was basis to find that there was no case,” he said.
“The panel, the prosecutors, usually have discretion, to determine on their own, even without a counteraffidavit, if there is a basis to junk a complaint and here this is what the prosecutors did. They cited Rule 112 section 3(b) of the Rules of Criminal Procedure and that precisely gives the basis for prosecutors to determine on their own, even without a counteraffidavit submitted, if there was basis to find that there was no case,” he said.
Under the rule, prosecutors have 10 days within filing of the complaint to either dismiss the complaint if they find no ground to continue with the investigation or issue a subpoena to respondings, attaching a copy of the complaint and its supporting affidavits.
Under the rule, prosecutors have 10 days within filing of the complaint to either dismiss the complaint if they find no ground to continue with the investigation or issue a subpoena to respondings, attaching a copy of the complaint and its supporting affidavits.
Te also pointed out it should have been Quiboloy, not his followers, who should have filed the complaint.
Te also pointed out it should have been Quiboloy, not his followers, who should have filed the complaint.
“The essence of the offense really is personal. It must point to someone’s honor or reputation being defamed. So it cannot be claimed vicariously by someone else,” he said.
“The essence of the offense really is personal. It must point to someone’s honor or reputation being defamed. So it cannot be claimed vicariously by someone else,” he said.
Various complaints have been filed by Quiboloy’s followers against Rappler, its journalists and the whistleblowers in various cities in Mindanao where KOJC is based — particularly in Davao City, Panabo City and General Santos City.
Various complaints have been filed by Quiboloy’s followers against Rappler, its journalists and the whistleblowers in various cities in Mindanao where KOJC is based — particularly in Davao City, Panabo City and General Santos City.
“They are based on practically the same set of reporting. A small group of respondents are identical, with the addition across different cases of other journalists from Rappler or connected with the Rappler articles but essentially yes, it would be the same set of reporting,” he said.
“They are based on practically the same set of reporting. A small group of respondents are identical, with the addition across different cases of other journalists from Rappler or connected with the Rappler articles but essentially yes, it would be the same set of reporting,” he said.
Te explained the difficulty under the present laws on libel as to where suits can be filed.
Te explained the difficulty under the present laws on libel as to where suits can be filed.
“Our laws on libel would appear to indicate that a complaint can be filed by the person who is offended by an article in the place of the first publication. And that has always been problematic in libel law because literally you can say that I was in a different city and let’s say I first saw it there. And it was first published there,” he said.
“Our laws on libel would appear to indicate that a complaint can be filed by the person who is offended by an article in the place of the first publication. And that has always been problematic in libel law because literally you can say that I was in a different city and let’s say I first saw it there. And it was first published there,” he said.
“And you know in a hypothetical situation, a complainant could actually bring someone, out of that person’s venue, residence, hometown and have that person litigate a case in a totally separate city where that person has no connection to that city whatsoever. And that’s one of our challenges in our current libel laws,” he added.
“And you know in a hypothetical situation, a complainant could actually bring someone, out of that person’s venue, residence, hometown and have that person litigate a case in a totally separate city where that person has no connection to that city whatsoever. And that’s one of our challenges in our current libel laws,” he added.
A recent ruling by the Supreme Court in Tieng vs. Alaras in July last year settled the rule as to where libel complaints against a radio or television broadcast may be brought — at the place where the radio or TV station where the broadcast of the libelous statement originated or the actual residence of the private offended party at the time the radio or televised broadcast was made.
A recent ruling by the Supreme Court in Tieng vs. Alaras in July last year settled the rule as to where libel complaints against a radio or television broadcast may be brought — at the place where the radio or TV station where the broadcast of the libelous statement originated or the actual residence of the private offended party at the time the radio or televised broadcast was made.
However, Te pointed out, this rule does not extend to cyber libel.
However, Te pointed out, this rule does not extend to cyber libel.
Not discussed in the Cagayan de Oro complaints but raised in the other raps is the defense that the Rappler articles were fair and true reports of a judicial proceeding, a defense in libel cases.
Not discussed in the Cagayan de Oro complaints but raised in the other raps is the defense that the Rappler articles were fair and true reports of a judicial proceeding, a defense in libel cases.
“That particular point has been raised in the defense of the journalists, that this would be a report of something that has already transpired and is transpiring currently and that it is simply a report, a fair and true report,” Te said.
“That particular point has been raised in the defense of the journalists, that this would be a report of something that has already transpired and is transpiring currently and that it is simply a report, a fair and true report,” Te said.
US PARALEGAL ADMISSION
Te added that the recent admission by a US paralegal that she participated for around 8 years in facilitating marriage and visa fraud with the leaders of KOJC is an important development.
Te added that the recent admission by a US paralegal that she participated for around 8 years in facilitating marriage and visa fraud with the leaders of KOJC is an important development.
Maria de Leon agreed to plead guilty and has agreed to cooperate with the US government.
Maria de Leon agreed to plead guilty and has agreed to cooperate with the US government.
“That’s an interesting development. I personally would want to see where that goes. But that’s in fact a very significant development, though not directly affecting the legal suits, the pending suits,” he said.
“That’s an interesting development. I personally would want to see where that goes. But that’s in fact a very significant development, though not directly affecting the legal suits, the pending suits,” he said.
Under Article 361 of the Revised Penal Code, the truth of an allegation may be presented as evidence in court and if published with “good motives and for justifiable ends,” could lead to an acquittal.
Under Article 361 of the Revised Penal Code, the truth of an allegation may be presented as evidence in court and if published with “good motives and for justifiable ends,” could lead to an acquittal.
“As a matter of defense, it has to be pleaded,” Te said. “That’s why I can’t, I don’t wanna say more because there are pending cases but yes, it can be brought to the attention of the prosecutors…We’ll have to see where the prosecutors handling the pending cases will go in relation to this particular development,” he added.
“As a matter of defense, it has to be pleaded,” Te said. “That’s why I can’t, I don’t wanna say more because there are pending cases but yes, it can be brought to the attention of the prosecutors…We’ll have to see where the prosecutors handling the pending cases will go in relation to this particular development,” he added.
Te, who also defended Rappler CEO Maria Ressa against cyber libel, said Ressa’s appeal over her June 2020 conviction has been submitted for resolution.
Te, who also defended Rappler CEO Maria Ressa against cyber libel, said Ressa’s appeal over her June 2020 conviction has been submitted for resolution.
A Manila court sentenced Ressa and former Rappler researcher-writer Reynaldo Santos, Jr. to up to 6 years in jail over an article published in 2012 against businessman Wilfredo Keng.
A Manila court sentenced Ressa and former Rappler researcher-writer Reynaldo Santos, Jr. to up to 6 years in jail over an article published in 2012 against businessman Wilfredo Keng.
The ruling has been criticized because it supposedly expanded the period for filing a complaint from 1 year for libel under the Revised Penal Code to up to 12 years for cyber libel.
The ruling has been criticized because it supposedly expanded the period for filing a complaint from 1 year for libel under the Revised Penal Code to up to 12 years for cyber libel.
There was also an issue as to whether a correction of a typographical error in 2014 could be considered a republication to make the case fall under the Cybercrime Prevention Act, which was enacted into law in 2012, months after the original publication of the Rappler story.
There was also an issue as to whether a correction of a typographical error in 2014 could be considered a republication to make the case fall under the Cybercrime Prevention Act, which was enacted into law in 2012, months after the original publication of the Rappler story.
ADVERTISEMENT
World awaits Trump tariff deadline on Canada, Mexico, China
World awaits Trump tariff deadline on Canada, Mexico, China
Agence France-Presse
Published Feb 01, 2025 01:50 AM PHT
The global economy is bracing for impact as US President Donald Trump's deadline to impose sweeping tariffs on the three largest US trading partners -- Canada, Mexico and China -- draws near.
The global economy is bracing for impact as US President Donald Trump's deadline to impose sweeping tariffs on the three largest US trading partners -- Canada, Mexico and China -- draws near.
Trump said shortly after taking office that he planned to introduce 25 percent tariffs on neighbors Canada and Mexico on February 1, unless they cracked down on illegal migrants crossing the US border and the flow of deadly fentanyl.
Trump said shortly after taking office that he planned to introduce 25 percent tariffs on neighbors Canada and Mexico on February 1, unless they cracked down on illegal migrants crossing the US border and the flow of deadly fentanyl.
He is also eyeing an additional 10 percent duty for Chinese goods on Saturday, similarly over fentanyl.
He is also eyeing an additional 10 percent duty for Chinese goods on Saturday, similarly over fentanyl.
While Trump has not specified tools for the new tariffs, analysts have suggested he could tap emergency economic powers -- which allow the president to regulate imports during a national emergency. But this could be hindered by lawsuits.
While Trump has not specified tools for the new tariffs, analysts have suggested he could tap emergency economic powers -- which allow the president to regulate imports during a national emergency. But this could be hindered by lawsuits.
ADVERTISEMENT
On Thursday, he reiterated commitment to levies on all three countries, while re-upping threats of 100 percent tariffs on BRICS nations -- a bloc including Brazil, Russia, India, China and South Africa -- if they create a rival to the US dollar.
On Thursday, he reiterated commitment to levies on all three countries, while re-upping threats of 100 percent tariffs on BRICS nations -- a bloc including Brazil, Russia, India, China and South Africa -- if they create a rival to the US dollar.
Fentanyl, many times more powerful than heroin, has been responsible for tens of thousands of overdose deaths a year.
Fentanyl, many times more powerful than heroin, has been responsible for tens of thousands of overdose deaths a year.
Beijing has rebuffed claims of its complicity in the deadly trade, while Canada has countered that below one percent of undocumented migrants and fentanyl entering the United States comes through its northern border.
Beijing has rebuffed claims of its complicity in the deadly trade, while Canada has countered that below one percent of undocumented migrants and fentanyl entering the United States comes through its northern border.
JPMorgan analysts believe tariffs are "a bargaining chip" to accelerate the renegotiation of a trade deal between the United States, Mexico and Canada.
JPMorgan analysts believe tariffs are "a bargaining chip" to accelerate the renegotiation of a trade deal between the United States, Mexico and Canada.
"However, potentially dismantling a decades-long free-trade area could be a significant shock," said a recent JPMorgan note.
"However, potentially dismantling a decades-long free-trade area could be a significant shock," said a recent JPMorgan note.
One lesson from Trump's first term was that policy changes could be announced or threatened on short notice, it added.
One lesson from Trump's first term was that policy changes could be announced or threatened on short notice, it added.
Tariffs are paid by US businesses to the government on purchases from abroad and the economic weight can fall on importers, foreign suppliers or consumers.
Tariffs are paid by US businesses to the government on purchases from abroad and the economic weight can fall on importers, foreign suppliers or consumers.
Another looming deadline is April 1, by which Trump has called for reviews including on trade deficits.
Another looming deadline is April 1, by which Trump has called for reviews including on trade deficits.
- Recession risk -
Wendong Zhang, an assistant professor at Cornell University, said Canada and Mexico would suffer the most under 25 percent US tariffs and with proportional retaliations.
Wendong Zhang, an assistant professor at Cornell University, said Canada and Mexico would suffer the most under 25 percent US tariffs and with proportional retaliations.
"Canada and Mexico stand to lose 3.6 percent and two percent of real GDP respectively, while the US would suffer a 0.3 percent real GDP loss," he added.
"Canada and Mexico stand to lose 3.6 percent and two percent of real GDP respectively, while the US would suffer a 0.3 percent real GDP loss," he added.
Blanket US tariffs and Ottawa's response in kind could cause Canada to fall into a recession this year, Tony Stillo of Oxford Economics told AFP, adding that the United States also risks a shallow downturn.
Blanket US tariffs and Ottawa's response in kind could cause Canada to fall into a recession this year, Tony Stillo of Oxford Economics told AFP, adding that the United States also risks a shallow downturn.
Mexico could face a similar situation, Tim Hunter of Oxford Economics added.
Mexico could face a similar situation, Tim Hunter of Oxford Economics added.
It is unclear if there could be exceptions. Trump said he expected to decide Thursday whether to include crude oil imports in the new levies.
It is unclear if there could be exceptions. Trump said he expected to decide Thursday whether to include crude oil imports in the new levies.
Canada and Mexico supplied more than 70 percent of US crude oil imports, said a Congressional Research Service report.
Canada and Mexico supplied more than 70 percent of US crude oil imports, said a Congressional Research Service report.
Stillo noted that heavy oil is "exported by Canada, refined in the US, and there aren't easy substitutes for that in the US."
Stillo noted that heavy oil is "exported by Canada, refined in the US, and there aren't easy substitutes for that in the US."
US merchandise imports from both countries largely enter duty free or with very low rates on average, said the Peterson Institute for International Economics (PIIE).
US merchandise imports from both countries largely enter duty free or with very low rates on average, said the Peterson Institute for International Economics (PIIE).
A tariff hike would shock both industrial buyers and consumers, cutting across everything from machinery to fruits, PIIE added.
A tariff hike would shock both industrial buyers and consumers, cutting across everything from machinery to fruits, PIIE added.
Canadian officials said Ottawa would provide pandemic-level financial support to workers and businesses if US tariffs hit, vowing their readiness to respond.
Canadian officials said Ottawa would provide pandemic-level financial support to workers and businesses if US tariffs hit, vowing their readiness to respond.
Mexican President Claudia Sheinbaum said she was confident her country could avoid the levy.
Mexican President Claudia Sheinbaum said she was confident her country could avoid the levy.
But Trump's commerce secretary nominee Howard Lutnick said Wednesday "there will be no tariff" if Canada and Mexico acted on immigration and fentanyl.
But Trump's commerce secretary nominee Howard Lutnick said Wednesday "there will be no tariff" if Canada and Mexico acted on immigration and fentanyl.
- 'Grand bargain' -
Trump is also mulling more tariffs on Chinese goods.
Trump is also mulling more tariffs on Chinese goods.
White House spokeswoman Karoline Leavitt told reporters this week: "The president has said that he is very much still considering that for February 1st."
White House spokeswoman Karoline Leavitt told reporters this week: "The president has said that he is very much still considering that for February 1st."
Beijing has vowed to defend its "national interests," and a foreign ministry spokeswoman previously warned that "there are no winners in a trade war."
Beijing has vowed to defend its "national interests," and a foreign ministry spokeswoman previously warned that "there are no winners in a trade war."
On the election campaign trail, Trump raised the idea of levies of 60 percent or higher on Chinese imports.
On the election campaign trail, Trump raised the idea of levies of 60 percent or higher on Chinese imports.
Isaac Boltansky of financial services firm BTIG expects "incremental tariff increases" on Chinese goods, with consumer goods likely to face lower hikes.
Isaac Boltansky of financial services firm BTIG expects "incremental tariff increases" on Chinese goods, with consumer goods likely to face lower hikes.
"Our sense is that Trump will vacillate between carrots and sticks with China, with the ultimate goal being some sort of grand bargain before the end of his term," he said in a recent note.
"Our sense is that Trump will vacillate between carrots and sticks with China, with the ultimate goal being some sort of grand bargain before the end of his term," he said in a recent note.
ADVERTISEMENT
ADVERTISEMENT