Manila: The Office of the Solicitor General (OSG) on Tuesday announced its recommendation for the acquittal of Rappler CEO Maria A. Ressa and former researcher Reynaldo Santos Jr. in the cyber libel case filed against them. The recommendation was made in a manifestation and motion submitted to the Supreme Court on March 9.

According to Philippines News Agency, the OSG cited precedent cases to assert that the criminal information filed against Ressa and Santos in early 2019, concerning an article republished in 2014 and discovered by the complainant in 2016, has already prescribed. The OSG explained that prescription refers to the legal time limit within which a criminal charge must be filed. Once this period expires, prosecution is no longer viable, thus safeguarding individuals from having to defend against outdated charges and the prospect of indefinite prosecution.

Previously seeking reconsideration in a precedent case in 2023 (Causing vs. People), the OSG has now accepted the Court's decision, recognizing its provision of a predictable guideline on prescription. Based on this, the OSG sought to apply the Causing ruling to the case of Ressa and Santos.

The OSG emphasized that cyber libel is not protected speech, noting the importance of its penal sanctions under existing law, especially in a digital context where reputational harm and privacy invasions can be extensive. Nonetheless, the OSG acknowledged that the Court's clarification in Causing aligns better with the Revised Penal Code and the Cybercrime Prevention Act, balancing the State's interest in protecting reputation and privacy with constitutional rights to speech and press freedom.

The OSG's recommendation for acquittal is based on legal principles and duty, highlighting its role not only in pursuing convictions but also in assisting courts to reach just and legally sound decisions. The OSG reiterated its commitment to respecting the independence of the Judiciary and its intention to adhere to the Supreme Court's final decision in the case.