The Office of the Solicitor General on Thursday urged the Supreme Court to dismiss the petition filed by online news website Rappler seeking to invalidate the action of Malacañang banning its reporters from covering the events of President Rodrigo Duterte.
The OSG, through Solicitor General Jose Calida, argued that Rappler failed to show that there was curtailment of the press because despite the alleged ban, they were still able to cover the events of the President.
“Rappler attempted to portray this case in their news reports as an alarming threat to press freedom. However, the petition miserably failed to present any genuine issue on the alleged abridgment of free press,” the OSG said in a statement.
The OSG submitted to the SC its consolidated comment to the petition for certiorari and prohibition filed by Rappler reporters Patricia Marie Ranada, Mara Alyssabel Cepeda, Raymon Dullana, Franklin Cimatu, Mauricio Victa, Camille Kristina Elemia, Ralf Martin Rivas, Baltazar Espinosa Lagsa and Rappler Inc.
Named as respondents in the petition are the Office of the President, Office of the Executive Secretary, the Presidential Communications Operations Office, Media Accreditation Regulatory Office, and the Presidential Security Group.
The OSG said the undeniable facts that the Securities and Exchange Commission, in a decision dated Jan. 11, 2018, revoked Rappler’s certificate of incorporation for allegedly violating the foreign equity restriction for mass media under the Constitution.
With the SEC’s decision, the International Press Center denied Rappler’s Malacañang reporter Ranada’s application for renewal of her media accreditation when it expired last December 2017.
As a consequence, the MARO denied Ranada physical access in all events attended by the Chief Executive.
OSG argued that under the IPC and MARO accreditation rules, a legitimate media entity must be accredited in order to cover the President. Even the Malacañang Press Corps by-laws require, among others, that to be a member of the MPC, it must be duly-recognized by the PCOO as a bona fide media organization, duly-accredited by the IPC and duly-registered at the SEC.
“Here, Rappler simply failed to meet these accreditation requirements, hence, the non-renewal of its (or Ranada’s) accreditation to cover Malacañang,” the chief state lawyer said.
However, despite the expiration of its accreditation in December 2017 and its eventual non-renewal, the OSG noted: “Rappler continues to have access to press releases and media briefers from PCOO and re-broadcasts presidential events thru Radio Television Malacañang (RTVM).”
In fact, Rappler’s reporters could reportedly freely ask questions, through SMS, during media briefings with Presidential Spokesperson Salvador Panelo and publish articles about President Duterte and all the events he attended within and outside Malacañang.
Last April, the petitioners asked that their access to newsworthy events where the President or other officers of the Executive Branch be restored. Also, for the respondents to “cease and desist from preventing petitioners Rappler and its affiliated journalists from covering, witnessing and/or attending newsworthy events held in places throughout the Philippines.”
The petitioners had argued that the ban violated the constitutional guarantees of press freedom, free speech, due process, and equal protection. The ban, they added, is tantamount to prior restraint that is prohibited by the Constitution.
