Pasig RTC Dismisses Anti-Dummy Case Against Maria Ressa
MANILA, Philippines – The Pasig City Regional Trial Court (RTC) has dismissed the anti-dummy case against Nobel Laureate and Rappler CEO Maria Ressa along with five other directors due to insufficient evidence. This ruling highlights the court’s decision to grant a demurrer to evidence, effectively acquitting the accused.
In an 11-page order, Pasig RTC Branch 152, presided over by Judge Marie Joyce P. Manongsong, approved the demurrer filed by Ressa, James Velasquez, Manuel Ayala, Nico Jose Nolledo, Glenda Gloria, and Felicia Atienza. The court stated, “Criminal Case for violation of Sec. 2-A of Commonwealth Act No. 108 (Anti-Dummy Law) is dismissed for insufficiency of evidence.”
A demurrer to evidence is essentially a motion by defendants to dismiss charges after the prosecution has presented its case, arguing that the evidence is inadequate to proceed. Granting this motion is equivalent to an acquittal under Philippine law.
Background of the Anti-Dummy Case
The case dates back to 2019 when Rappler officials were indicted following a complaint from the National Bureau of Investigation (NBI). The Pasig City prosecutor found probable cause after uncovering foreign ownership ties involving Rappler and its holding company. Prosecutors alleged that the accused unlawfully authorized the issuance of over 7 million Philippine Depositary Receipts (PDRs) to the Omidyar Network Fund, a foreign entity barred by the Philippine Constitution from exercising control over media firms.
The anti-dummy law prohibits any foreign intervention in so-called nationalized activities, including media operations, which must remain fully Filipino-controlled. Violators face imprisonment of five to 15 years.
Court’s Findings on Evidence and Ownership
Although the Securities and Exchange Commission (SEC) revoked Rappler’s and Rappler Holdings Corp.’s registrations for breaching foreign ownership rules, the court ruled that the SEC’s findings alone are insufficient for a criminal conviction. The prosecution failed to present critical evidence such as copies of the PDRs or proof showing Omidyar’s direct involvement in managing Rappler or its holding firm.
The court also referenced a recent Court of Appeals decision that reversed an earlier ruling, stating the issuance of PDRs did not grant beneficial ownership to Omidyar. Without concrete evidence illustrating the contractual relationship between Rappler, its holding company, and Omidyar, the court said it would only be speculating on whether a crime was committed.
Judge Manongsong emphasized, “Without any other evidence reinforcing the findings of the SEC, its 2018 Decision fails to muster the quantum of proof required in criminal cases – guilt beyond reasonable doubt. Thus, this Court is constrained to dismiss the case.”
The court also noted that the NBI, as complainant, essentially echoed the SEC’s findings without providing additional evidence.
Implications of the Verdict
This dismissal marks a significant legal victory for Maria Ressa and her fellow directors. It underscores the high standard of proof required in criminal cases, especially those involving constitutional issues like foreign ownership in media.
The ruling also clarifies that regulatory actions by agencies such as the SEC, while important, do not automatically translate to criminal liability absent substantive proof.
For more news and updates on the anti-dummy case, visit Filipinokami.com.