CA: Penalty for cyberlibel prescribes in 15 years

Charges in connection with cyberlibel may be filed up to 15 years after the publication of the article in question, the Court of Appeals has ruled in its decision upholding the conviction of Rappler chief executive officer Maria Ressa and former Rappler researcher Rey Santos Jr.

In its 41-page decision, the Fourth Division said that the Cybercrime Law increased the penalty of libel committed online by one degree.

“In contrast, the Cybercrime Law increased the penalty of libel, qualified by the use of information and communication technologies, by one degree making the crime punishable by prision correctional in maximum period… to prison mayor in its minimum period,” the appellate court said.

“Considering the increase of penalty by one degree pursuant to Section 6 of the Cybercrime Law, the penalty for cyberlibel becomes afflictive and shall prescribe in 15 years, following Articles 25 and 90 of the Revised Penal Code,” it added.

The Manila Regional Trial Court which found Ressa and Santos guilty of cyberlibel in 2020 said the prescriptive period for cyber libel was 12 years.

The Department of Justice also previously said the prescriptive period is 12 years because the Cybercrime Prevention Act is a special law and is thus under Act No. 3326, which governs the prescription period of offenses in special laws.

Last week, the CA denied Ressa’s appeal and sentenced her and Santos to imprisonment of six years and one day to a maximum of six years, eight months, and 20 days.

Rappler has said it would review the decision and said both Ressa and Santos would “avail of all legal remedies available to them, including elevating the decision to the Supreme Court for review.” —NB, GMA News