Sotto law allows Rappler to protect source

in cyber libel case

Judge Rainelda Estacio Montesa sustains the objection of Rappler
counsel that the prosecution cannot ask for the source of its
confidential information

MANILA, Philippines – Republic Act No. 11458 or the Sotto law allows

Rappler to keep its source confidential in the cyber libel trial at the
Manila Regional Trial Court (RTC).

Complainant Wilfredo Keng's lawyer Ryan Cruz asked Rappler

witness, investigative head Chay Hofileña, who Rappler's source was
for the intelligence report cited in a 2012 story that linked his client to
illegal activities, namely human trafficking and drug smuggling.

Rappler counsel Ted Te objected to the question. "There's the Sotto

law, it's very clear," Te said.

The Sotto Law allows journalists to keep their sources confidential

"unless the court...finds that such revelation is demanded by the
security of the State."

But Manila RTC Branch 46 Judge Rainelda Estacio Montesa

sustained the objection. "I agree," she said.

Cruz then asked Hofileña if Rappler verified the intelligence report with
other sources.

"There were multiple sources. There were also previous reports,"

Hofileña said, referring to a 2002 Philippine Star report that has since
been taken down from the news outfit's website after Keng "raised the
possibility of legal action" against them earlier this year.
Hofileña said Keng's side was included in Santos' story. "I would just
like to emphasize that the story was not about Mr Keng, but about (the
late former chief justice Renato Corona)," said Hofileña.

The 2012 article cited a phone conversation with Keng where the
businessman denied that his vehicle was being used by Corona.
(READ: Keng camp tries to pin down Maria Ressa in Rappler cyber
libel case)

On the matter of his links to alleged illegal activities, Hofileña said the
Rappler article cited Keng's denials previously made to the Philippine
Star and another column written by Ramon Tulfo.

"But the (Philippine Star story) is now gone. They've taken it down,"

said Hofileña.

Cruz said that to his knowledge, Keng has not filed any other libel
case against any other news organization over the particular story.

How the story was published

Hofileña was put on the witness stand to explain the newsroom

process, particularly over the subject article written by former Rappler
researcher-writer Rey Santos Jr about Corona and his links to
businessmen like Keng.

Hofileña explained that in mid-2016, Keng's lawyer Leonard de Vera

got in touch with Rappler and gave them a certification from the
Philippine Drug Enforcement Agency (PDEA) clearing Keng of any
derogatory records from the agency.

Hofileña said it was assigned to former Rappler research head

Katerina Francisco, who interviewed De Vera.

The story was never published because, according to Hofileña, "just

because a document is sent by anyone doesn't mean it's the truth. We
needed to countercheck."
Hofileña added that the countercheck process was not completed as
Rappler became busy with its coverage of the drug war.

"You were covering which stories?" Cruz asked.

"The killings. Happening every day, every night," said Hofileña.

While the article was published in 2012, the complaint was only

lodged in 2017, ordinarily a lapse of the one-year prescriptive period
of ordinary libel in the revised penal code.

To be able to charge Ressa and Santos, the DOJ extended one year

for ordinary libel to 12 years for cyber libel. It's a legal question that Te
had earlier said they are prepared to raise to the Supreme Court if
need be, as it will go to the heart of the young Philippine cybercrime
law.

Rappler is set to file its formal offer of evidence, after which the case
will be submitted to Manila RTC Branch 46 for decision.