CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al | ABS-CBN
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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.
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“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.
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BRP Teresa Magbanua pushes Chinese vessel further away from Zambales: PCG
BRP Teresa Magbanua pushes Chinese vessel further away from Zambales: PCG
Ched Rick Gatchalian,
ABS-CBN News
Published Jan 30, 2025 10:38 PM PHT
MANILA — The BRP Teresa Magbanua successfully pushed the Chinese Coast Guard (CCG) vessel CCG-3304 further away from the coast of Zambales, the Philippine Coast Guard said Thursday.
MANILA — The BRP Teresa Magbanua successfully pushed the Chinese Coast Guard (CCG) vessel CCG-3304 further away from the coast of Zambales, the Philippine Coast Guard said Thursday.
In a statement, the PCG said the Chinese vessel is now estimated to be 100 to 105 nautical miles away from the area.
In a statement, the PCG said the Chinese vessel is now estimated to be 100 to 105 nautical miles away from the area.
"Despite CCG-3304's assertions that it is patrolling within China's maritime jurisdiction and its refusal to recognize the arbitral award, the BRP Teresa Magbanua has persistently emphasized that the Chinese vessel lacks legal authority and is, in fact, violating the Philippine Maritime Zones Act, the United Nations Convention on the Law of the Sea (UNCLOS), and the 2016 arbitral award," the PCG said.
"Despite CCG-3304's assertions that it is patrolling within China's maritime jurisdiction and its refusal to recognize the arbitral award, the BRP Teresa Magbanua has persistently emphasized that the Chinese vessel lacks legal authority and is, in fact, violating the Philippine Maritime Zones Act, the United Nations Convention on the Law of the Sea (UNCLOS), and the 2016 arbitral award," the PCG said.
Meanwhile, the Coast Guard is also monitoring three other Chinese vessels off the coast of Zambales.
Meanwhile, the Coast Guard is also monitoring three other Chinese vessels off the coast of Zambales.
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"CCG-5901 is currently approximately 103.63 nautical miles away, CCG-3502 is at around 115.22 nautical miles, and CCG-3103 is positioned approximately 134.10 nautical miles from the coast of Zambales," the PCG said.
"CCG-5901 is currently approximately 103.63 nautical miles away, CCG-3502 is at around 115.22 nautical miles, and CCG-3103 is positioned approximately 134.10 nautical miles from the coast of Zambales," the PCG said.
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