NATIONAL
Advocates Philippines
OSG Recommends Acquittal Of Maria Ressa, Santos In Cyberlibel Case
Ressa and Santos FILE
The Philippine government’s top lawyer has recommended the acquittal of journalist Maria Ressa and former researcher Reynaldo Santos Jr. in their long-running cyberlibel case, saying the complaint was filed beyond the legal time limit.
In a manifestation and motion submitted to the Supreme Court of the Philippines on March 9, the Office of the Solicitor General (OSG) said the case should no longer proceed because the alleged offense had already prescribed, meaning it exceeded the period allowed by law for prosecution.
The OSG said its recommendation was based on a Supreme Court ruling that clarified the prescriptive period for cyberlibel cases.
One-Year Prescriptive Period
In its filing, the OSG cited the Supreme Court decision in Berteni Causing v. People, which stated that cyberlibel complaints must be filed within one year from the time the alleged offense is discovered by the complainant or authorities.
The ruling aligns cyberlibel with provisions under the Revised Penal Code of the Philippines, particularly Articles 90 and 91, which govern the prescriptive periods for libel-related offenses.
Applying this doctrine, the OSG said the charges against Ressa and Santos were filed beyond the allowable period.
The case stemmed from a Rappler article originally published in 2012 and updated in 2014. Businessman Wilfredo Keng later filed a complaint after discovering the article in 2016.
However, the criminal information was filed only in 2019 — beyond the one-year period allowed by law.
“Prescription is the legal time limit within which a criminal information must be filed. Once that period lapses, the State can no longer prosecute,” the OSG explained in its submission to the court.
Case Drew Global Attention
The cyberlibel complaint was filed over a Rappler report that linked Keng to alleged criminal activities and mentioned a vehicle he had reportedly lent to former Chief Justice Renato Corona.
The Department of Justice approved the filing of charges in 2019 under the Cybercrime Prevention Act of 2012.
In June 2020, a Manila Regional Trial Court convicted Ressa and Santos of cyberlibel. The ruling was later affirmed by the Court of Appeals of the Philippines in 2022, prompting the journalists to elevate the case to the Supreme Court.
Ressa, who co-founded Rappler and received the Nobel Peace Prize in 2021, has previously said the case raised serious concerns about press freedom and the use of cyberlibel laws against journalists.
OSG: Role Is to Uphold the Law
While recommending acquittal, the OSG clarified that cyberlibel remains punishable under Philippine law and is not considered protected speech.
However, government lawyers said their role goes beyond simply seeking convictions.
“As the People’s Tribune, the OSG’s mandate in criminal proceedings is not confined to seeking convictions,” the office said. “It includes assisting the courts in arriving at a just and legally correct disposition… even, and especially when, the law requires acquittal.”
Supreme Court to Decide
The Supreme Court will ultimately determine whether to adopt the OSG’s recommendation and overturn the earlier rulings against Ressa and Santos.
If the high court finds that the case was filed beyond the legal deadline, the journalists could be acquitted on procedural grounds — a decision that may also influence how future cyberlibel complaints are filed in the country.
The OSG said it respects the independence of the judiciary and will abide by whatever final ruling the Supreme Court issues.
In a manifestation and motion submitted to the Supreme Court of the Philippines on March 9, the Office of the Solicitor General (OSG) said the case should no longer proceed because the alleged offense had already prescribed, meaning it exceeded the period allowed by law for prosecution.
The OSG said its recommendation was based on a Supreme Court ruling that clarified the prescriptive period for cyberlibel cases.
One-Year Prescriptive Period
In its filing, the OSG cited the Supreme Court decision in Berteni Causing v. People, which stated that cyberlibel complaints must be filed within one year from the time the alleged offense is discovered by the complainant or authorities.
The ruling aligns cyberlibel with provisions under the Revised Penal Code of the Philippines, particularly Articles 90 and 91, which govern the prescriptive periods for libel-related offenses.
Applying this doctrine, the OSG said the charges against Ressa and Santos were filed beyond the allowable period.
The case stemmed from a Rappler article originally published in 2012 and updated in 2014. Businessman Wilfredo Keng later filed a complaint after discovering the article in 2016.
However, the criminal information was filed only in 2019 — beyond the one-year period allowed by law.
“Prescription is the legal time limit within which a criminal information must be filed. Once that period lapses, the State can no longer prosecute,” the OSG explained in its submission to the court.
Case Drew Global Attention
The cyberlibel complaint was filed over a Rappler report that linked Keng to alleged criminal activities and mentioned a vehicle he had reportedly lent to former Chief Justice Renato Corona.
The Department of Justice approved the filing of charges in 2019 under the Cybercrime Prevention Act of 2012.
In June 2020, a Manila Regional Trial Court convicted Ressa and Santos of cyberlibel. The ruling was later affirmed by the Court of Appeals of the Philippines in 2022, prompting the journalists to elevate the case to the Supreme Court.
Ressa, who co-founded Rappler and received the Nobel Peace Prize in 2021, has previously said the case raised serious concerns about press freedom and the use of cyberlibel laws against journalists.
OSG: Role Is to Uphold the Law
While recommending acquittal, the OSG clarified that cyberlibel remains punishable under Philippine law and is not considered protected speech.
However, government lawyers said their role goes beyond simply seeking convictions.
“As the People’s Tribune, the OSG’s mandate in criminal proceedings is not confined to seeking convictions,” the office said. “It includes assisting the courts in arriving at a just and legally correct disposition… even, and especially when, the law requires acquittal.”
Supreme Court to Decide
The Supreme Court will ultimately determine whether to adopt the OSG’s recommendation and overturn the earlier rulings against Ressa and Santos.
If the high court finds that the case was filed beyond the legal deadline, the journalists could be acquitted on procedural grounds — a decision that may also influence how future cyberlibel complaints are filed in the country.
The OSG said it respects the independence of the judiciary and will abide by whatever final ruling the Supreme Court issues.
Mar 10, 2026
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