A legislator is pushing to amend the cybercrime law to clearly state that cyber libel has a one-year prescription period.

Following ressa conviction, one-year prescription period broached

FOLLOWING the conviction of Rappler Executive Editor and CEO Maria Ressa, a lawmaker is proposing a one-year prescription period for cyber libel.

Cagayan De Oro City 2nd District Representative Rufus Rodriguez noted the “differing opinions” on the prescription period for cyber libel under House Bill 7010.

“In order to hopefully avoid any further confusion, this Bill provides for amendments to Republic Act 10175 by providing for a prescription period for offenses punishable by said law,” Rodriguez said in the bill.

According to Rodriguez, Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 does not provide any prescription period of the crimes punishable in said law.

Ressa was recently convicted for violating the act together with former Rappler researcher-writer Reynaldo Santos Jr.

Rodriguez said the Department of Justice (DOJ) used Republic Act 3326, which states that any other offence punishable by imprisonment of six years or more has a prescription period of 12 years.

In the Bill, Rodriguez quoted Far Eastern University Law Dean Mel Sta Maria who said that when the

Supreme Court decided on the constitutionality of cyber libel in 2014, it said that “cyber libel is not a new crime since Article 353, in relation to Article 355 of the penal code, already punishes it”.

“As cyber libel is not a new crime, the one-year prescriptive period applies. Moreover such a prescriptive period was not changed by the new cyber crime law”, Rodriguez said, quoting Sta Maria.

Rodriguez said some legal experts argued that since the article involved in the Ressa-Santos case was published in May 2012, the alleged crime had prescribed in May 2013.

Even if the article in consideration was the republished version in February 2014, the alleged crime had prescribed in February 2015.

The case, however, was only filed in court on Feb 5, 2019.

The verdict stemmed from a 2012 article written by Santos claiming that businessman Wilfredo Keng had lent his sports utility vehicle to then Chief Justice Renato Corona.

The same article also cited an alleged intelligence report that said Keng had been under surveillance by the National Security Council for alleged involvement in human trafficking and drug smuggling activities.