MANILA (Reuters) - The Philippines’ justice department ordered investigations on Wednesday into possible criminal liability of Rappler, a news site known for challenging the government that has been dubbed a “fake news outlet” by the country’s controversial president.

Illustration of the Rappler website January 16, 2018. REUTERS/Thomas White/Illustration

The Securities and Exchange Commission (SEC) announced on Monday it had revoked Rappler’s license for violating the constitution’s restrictions on foreign ownership of media, ruling that one of its American investors had the power to influence its operations, despite not owning any shares.

Rappler is permitted to continue operating pending appeal, but the SEC decision prompted outrage among human rights and media groups, which accused President Rodrigo Duterte of punishing Rappler for its reporting. Duterte has denied that and his aides say media freedom is not under attack.

Justice Secretary Vitaliano Aguirre said Rappler had clearly broken an anti-dummy law under existing corporate regulations, so it was necessary for it to be thoroughly investigated by the department for other violations.

“We are going to see if there are other laws violated by anybody in connection with this decision of SEC,” Aguirre told reporters at a groundbreaking ceremony for a new justice facility on Wednesday.

According to a department order seen by Reuters, Aguirre also granted the National Bureau of Investigation (NBI) the authority on Wednesday to investigate and build a case against Rappler “and if evidence warrants, to file the appropriate cases against those found liable”.

Rappler’s acting managing editor, Chay Hofilena, described it as “a fishing expedition, and pure and simple harassment.”

“It’s all the more clear and blatant what the government’s agenda is: they’re dead-set to get Rappler and kill press freedom.”

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Aguirre’s order contradicts other government officials, who have insisted the administration is not going after Rappler.

The government says the SEC, an independent body, initiated the investigation into Rappler’s ownership, but the SEC has confirmed that it was acting on the request of Solicitor General Jose Calida, a close associate of Duterte.

Duterte on Tuesday furiously rejected suggestions that he had influenced the SEC’s decision and took aim at Rappler for what he called fake news and stories “pregnant with falsity”.

Aguirre said the president had no hand in the legal action the justice department was taking, insisting it was its job to prosecute when criminal or civil cases came its way.

Rappler chief executive Maria Ressa told news channel ANC earlier on Wednesday that it was “ludicrous” to say that one of its two American investors, Omidyar Network, created by eBay founder and entrepreneur Pierre Omidyar, had any control over the news site, or veto powers on company decisions.

Rappler said its filings to the SEC in 2015 made clear that just like several other media outlets, foreigners had invested in some of its Philippine Depositary Receipts (PDR), but did not own any shares, or have a say in operations.

Presidential legal counsel Salvador Panelo said the SEC case against Rappler was not part of a strategy of Duterte to stifle dissent.

“He doesn’t hate criticism. What he hates or reacts against is false information or news,” Panelo told ANC. </s> MANILA, Philippines—A popular news website that has been critical of the government of Philippine President Rodrigo Duterte was shut down by the country’s securities regulator, a move the company called harassment.

The nation’s Securities and Exchange Commission said in a statement published on its website Monday that it had found Rappler Inc. liable for violating constitutional requirements on foreign-ownership limits and revoked the company’s certificate of incorporation. </s> Major Philippines news outlet Rappler has vowed to continue its reporting after the government handed down a ‘kill order’ revoking the company’s license to operate.

The ruling by the Securities and Exchange Commission (SEC), the nation’s corporate business regulator, was made public on Monday. According to government officials, Rappler’s license was withdrawn because of its failure to comply with media ownership laws, an allegation which the company denies.

The decision to wipe Rappler’s certificate of incorporation stems from the news outlet’s issuing of Philippines depositary receipts allegedly sold to foreign entities.

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“The constitution sets restrictions on the ownership and management of mass media entities to which all must abide,” said a spokesperson for Philippines President Rodrigo Duterte.

“The issue at hand is the compliance of 100% Filipino ownership and management of mass media. It is not about infringement on the freedom of the press. No one is above the law. Rappler has to comply.”

Rappler journalists have reported on the death toll of Duterte’s drug war, as well as corruption allegations from within the government. In his 2017 ‘state of the nation’ address, President Duterte questioned Rappler’s operation, adding that the company would end up in American ownership.

On Tuesday, Harry Roque Jr, presidential spokesperson, denied that the Rappler decision was an attack on press freedom.

“[The] truth is the reporter of Rappler is still in our press briefing. She is not being prevented from exercising her profession as a journalist,” he said.

“None of the individuals behind Rappler will be prevented from performing their duties as journalists.”

Rappler has labelled the government’s decision as harassment “pure and simple”.

READ MORE: Duterte wants 30,000 more troops to crack down on ISIS & other emerging threats in Philippines

“The SEC’s kill order revoking Rappler’s license to operate is the first of its kind in history - both for the Commission and for Philippine media,” a Rappler statement read.

“What this means for you, and for us, is that the Commission is ordering us to close shop, to cease telling you stories, to stop speaking truth to power, and to let go of everything that we have built – and created – with you since 2012.” </s> MANILA, Philippines – US lawmakers conduct a hearing on Thursday, July 20, about the "human rights consequences" of Philippine President Rodrigo Duterte's war on drugs.

The hearing is scheduled at 10 pm on Thursday in Manila (10 am Thursday in Washington DC).

It is set to be conducted by the Tom Lantos Human Rights Commission of the US Congress.

Congressmen James McGovern and Randy Hultgren, co-chairmen of the Tom Lantos Human Rights Commission, will host the hearing on Wednesday.

Panelists include the following:

Ellecer Carlos, spokesperson, iDEFEND, Philippines

Matthew Wells, senior crisis advisor, Amnesty International

Phelim Kine, deputy director, Asia Division, Human Rights Watch

Hours before the hearing, Malacañang urged US lawmakers to consider "all sides" of the issue. "Insinuations and hasty judgements have no place in due process," Presidential Spokesman Ernesto Abella said.

The hearing comes after two US senators in May filed a bill restricting the export of certain weapons and equipment from the US to the Philippine National Police as a consequence of Duterte's anti-drug campaign.

Watch the hearing live on Rappler. – Rappler.com </s> THE Office of the Ombudsman has found basis to file charges against former president Benigno Aquino 3rd in connection with the deaths of 44 police commandos in Mamasapano in Maguindanao in 2015.

In a statement on Friday, the Ombudsman also cited as Aquino’s co-respondents former Philippine National Police (PNP) chief Alan Purisima and former PNP Special Action Force (SAF) head Getulio Napeñas.

The Ombudsman said it was levelling charges of graft and usurpation of authority against Aquino and the two police officials before the Sandiganbayan.

In December 2014, the Ombudsman ordered the six-month preventive suspension of Purisima amid an investigation into the alleged anomalous courier deal forged by the PNP with Werfast Documentation Agency Inc. in 2011. The PNP terminated the deal in March 2014.

Despite the suspension, Aquino relied on Purisima, a trusted aide, to plan and enforce “Oplan Exodus,” which sought the arrest of Malaysian terrorist Zulkifli bin Hir alias Marwan in Mamasapano by members of the PNP-SAF.

Marwan, who was killed in the botched January 2015 raid, carried a $5-million bounty from the US government. An ensuing gunbattle with Muslim insurgents resulted in the deaths of 60 people, including 44 police commandos.

The Ombudsman said Aquino conspired with Purisima and Napeñas in violation of Section 3(a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Article 177 of the Revised Penal Code pertaining to usurpation of authority.

“[C]ertainly a public officer who is under preventive suspension in barred from performing any public functions and from meddling into the affairs of the government. In other words, Purisima would not have been placed in such a position of continuing to conduct himself, in relation to Oplan Exodus, in a manner as if he was not under preventive suspension at that time, from his position as PNP chief, were it not for the complicity and influence of [then-]President Aquino.”

In a 35-page consolidated resolution approved by Ombudsman Conchita Carpio Morales on Friday, the anti-graft office dismissed for lack of probable cause the complaint for reckless imprudence resulting in multiple homicide.

It argued that the “proximate cause of death” was the “intentional act of shooting by hostile forces” that included members of the Moro Islamic Liberation Front, Bangsamoro Islamic Freedom Fighters and private armed groups.”

The Ombudsman resolved three separate complaints filed by Erlinda Allaga, Warlito Mejia, and the Volunteers Against Crime and Corruption; Celestino Kiangan, Julie Danao, Felicitas Nacino; and Telly Sumbilla, Helen Ramacula, and Lorna Sagonoy.

The former president will ask the Ombudsman, whom he appointed to the office in 2011, to reconsider, said his spokesman, Abigail Valte.

“Former President Benigno Aquino 3rd received the order of the Ombudsman this afternoon and is currently studying it with his lawyers, with the end view of filing a motion for reconsideration,” Valte said.

“An initial reading shows that there may have been a misappreciation of some facts surrounding the incident, leading to some erroneous conclusions. He will seek to clarify the same through a motion for reconsideration,” she added.

Aquino had argued in his counter-affidavit that Purisima “was a resource person providing vital information.”

 But the Ombudsman said that the record of text messages did not jibe with the former president’s statement that he merely used Purisima as a resource person for the police operation.

“The fact remains that, at the time, particularly before and during the actual implementation of Oplan Exodus, Purisima was under preventive suspension, and that Purisima, despite being under preventive suspension, indeed played an active role in Oplan Exodus, as shown by all the record of [text]exchanges and findings in the Senate Committee Report on the Mamasapano incident, to the point that he was exercising a degree of authority and discretion over Napeñas and, consequently, over the operation,” the Ombudsman said.

Members of the erstwhile ruling Liberal Party (LP) on Friday said Aquino would be able to defend his actions in the Mamasapano incident.

“The Liberal party stands by President Aquino as well as his life-long commitment to the peace process in Mindanao and see his actions in relation to Mamasapano as imperatives in good faith to advance the cause of justice and peace in Mindanao,” Pangilinan added.

Senate Minority Leader Franklin Drilon insisted on the findings of the Senate Committee on Public Order and Dangerous Drugs finding Aquino not criminally liable.

Drilon said the committee only recommended the filing of criminal and administrative charges against Purisma for grave misconduct and conduct prejudicial to the best interest of the service, as well as indirect contempt.

 It also recommended the filing of administrative charges against former PNP-SAF chief Napeñas for grave misconduct, inefficiency and incompetence.

Malacañang said it respected the Ombudsman’s recommendation.

“[President Rodrigo Duterte] recognizes the heroic sacrifice of the Philippine National Police – Special Action Force 44, and it is his – and the nation’s – hope to finally bring justice to the victims and families of the Fallen 44 and put closure to the issue as part of the healing process,” said Palace spokesman Ernesto Abella. </s> (UPDATED) The arrest warrant is issued days after the Department of Justice filed charges against its former chief for allegedly receiving drug money from convicts

MANILA, Philippines (UPDATED) – The Muntinlupa City Regional Trial Court (RTC) ordered the arrest of Senator Leila de Lima and two others for drug charges on Thursday, February 23.

Judge Juanita Guerrero of Muntinlupa RTC Branch 204 issued the warrant, members of the senator's staff confirmed Thursday afternoon.

"After a careful evaluation of the herein Information and all the evidence presented during the preliminary investigation conducted in this case by the Department of Justice, Manila, the Court finds sufficient probable cause for the issuance of Warrants of Arrest against Leila M. de Lima, Rafael Marcos Z. Ragos and Ronnie Palisoc Dayan," the order read.

Ragos is former Bureau of Corrections chief while Dayan is the former driver and boyfriend of De Lima, her alleged "bagman" who dealt with New Bilibid Prison drug operators when she was justice secretary.

The arrest warrant was issued less than a week after the Department of Justice filed charges against De Lima for allegedly receiving drug money from convicts in exchange for their protection when she headed the DOJ.

Justice Secretary Vitaliano Aguirre II said in an interview on dzMM that the warrant can be served "any time of the day," even beyond 5 pm on Thursday.

De Lima's lawyer, Alex Padilla, described the development as "funny and sad" because of the circumstances surrounding the issuance of the warrant. He cited the fact that the De Lima camp had filed a motion to quash with the court which has yet to be heard.

"Parang nakakatawa na nakakalungkot. Puwede namang mangyari na mag-issue ng arrest warrant bago ang hearing ng motions pero nakakaduda kasi high-profile case ito. Malinaw na may motion to quash, sana binasa muna. Wala akong ibang maisip kundi pre-judgment on the part of the judge," Padilla said.

De Lima's Senate staff said their camp was surprised by the issuance of the warrant that day, since the judge concerned reportedly just returned from a Macau trip.

The DOJ filed 3 criminal complaints before the court against De Lima, accusing her of violating Section 5 of the Dangerous Drugs Act, which penalizes the "sale, trading, administration, dispensation, delivery, distribution and transportation of illegal drugs."

Violators face 12 years to life imprisonment and fines range from P500,000 to P10 million.

The charges were filed 5 months after a sensational House inquiry initiated by administration allies, where Bilibid convicts were allowed to testify on De Lima's alleged transactions with them. (READ: The public trial of Leila de Lima)

De Lima, a staunch critic of President Rodrigo Duterte, had earlier dismissed the charges as "plain and simple political persecution."

She had also said that she had prepared herself to be the "first political prisoner under this regime."

The senator had said on many occasions that the Chief Executive had a "personal vendetta" against her, dating back to when she was chief of the Commission on Human Rights (CHR) and Duterte was still Davao City mayor.



De Lima first drew Duterte's ire when she led investigations into his ties to the so-called Davao Death Squad back when she was CHR chair under the Arroyo administration.

As a senator and then chair of the Senate committee on justice and human rights, she initiated an investigation into the spate of killings in the Duterte administration's war on drugs, triggering attacks from the President and his allies on her alleged drug links. – Camille Elemia and Lian Buan/Rappler.com </s> Senator Leila de Lima, during her time as chief of the Department of Justice, was involved in other cases with Muntinlupa Judge Juanita Guerrero

MANILA, Philippines – A Muntinlupa trial court judge ordered the arrest of Senator Leila de Lima on Thursday, February 23, over drug charges.

Judge Juanita Guerrero of the Muntinlupa Regional Trial Court Branch 204 issued the warrant of arrest against De Lima, her alleged bagman Ronnie Dayan, and former Bureau of Corrections chief Rafael Ragos.

The arrest warrant was issued less than a week after the Department of Justice (DOJ) filed charges against De Lima for allegedly receiving drug money from convicts back when she headed the DOJ.

This isn't the first time that De Lima has been involved in a case that was handled by Guerrero. She was the DOJ secretary in two previous cases handled by the lady judge.

Guerrero was the same judge in 2011 who dismissed charges against Richard Brodett and Jorge Joseph, two of the so-called "Alabang Boys" who were arrested in 2008 for allegedly possessing and selling 60 ecstasy tablets.

Guerrero questioned the handling of illegal drugs seized by officials of the Philippine Drug Enforcement Agency (PDEA) during a buy-bust operation.

The court pointed out that then-PDEA chief Dionisio Santiago held a press conference on the seized ecstasy tablets around the same time that PDEA's forensic chemist had said she was examining the drugs.

“The link in the custody of the drug evidence has been broken...The failure of the prosecution therefore to establish all the links in the chain of custody is fatal to the case at bar," it said.

“The court cannot merely rely on the presumption of regularity in the performance of official functions in view of the glaring blunder in the handling of the corpus delicti (body of the crime) of these cases," it added.

Then-justice secretary De Lima called the breach in the chain of custody of evidence a "fatal flaw," but said the DOJ would seek a reversal of the judge's decision.

De Lima said then of Guerrero, "It's our consensus that the judge erred in her decision. There is some gross misappreciation of procedure especially in terms of the supposed broken chain of custody."

In 2014, however, the Court of Appeals upheld the acquittal of Brodett and Joseph.

In 2014, Guerrero granted the plea for release of convicted road rage killer Rolito Go, who was sentenced to a 40-year jail term in 1993.

Go was sentenced for shooting De La Salle University student Eldon Maguan in a traffic altercation in July 1991.

He escaped from jail in 1993, but was rearrested in April 1996. Go appealed for executive clemency under former president Gloria Macapagal-Arroyo, but was denied.

Guerrero granted Go's plea for his release in 2014, based on the argument that he had already fully served his sentence based on an adjusted computation of his prison term.

But the DOJ, then under De Lima, contested this, saying Go has yet to complete his term, based on the computation of the Bureau of Corrections.

"I have directed the OSG (Office of the Solicitor General) to promptly file a motion for reconsideration (MR), and in the meantime hindi pa dapat siya i-release," De Lima said. (I have directed the OSG to promptly file a motion for reconsideration, and in the meantime he should not yet be released.) </s> The Department of Justice (DOJ) is moving to indict Sen. Leila de Lima to expedite her arrest in connection with her links to the illegal drug trade inside the New Bilibid Prison (NBP), Justice Secretary Vitaliano Aguirre 2nd said on Tuesday.

In a roundtable discussion with The Manila Times editorial team on Tuesday, Aguirre said the drug trafficking charge against the senator will be filed in regular courts instead of the Office of the Ombudsman where cases have often languished.

“A crime not in relation to your office, for example trading of illegal drugs, under the Dangerous Drugs Act, it is provided that the exclusive jurisdiction is with the RTC (regional trial courts),” he explained.

If the judge agrees that there is probable cause to try de Lima for drug trafficking, the former Justice secretary faces certain arrest and may not be able to post bail.

Aguirre noted that under Section 5 of the Dangerous Drugs Act (sale and trading of illegal drugs), taken together with Section 26 (b) (conspiracy), drug trafficking is a non-bailable offense if the evidence of guilt is strong.

Moreover, drug trafficking is a continuing offense and the case can be filed in the places where the crime was committed, he said.

The Cabinet official stressed that there was sufficient evidence against de Lima and the “only legal impediment” is for the judge “not to see the probable cause” against the senator.

Last year, drug kingpin Kerwin Espinosa admitted giving de Lima P8 million to support her senatorial bid in the May 2016 elections. The transactions happened in Baguio City and in Pasay City.

De Lima is also being probed in connection with the complaints filed by the Volunteers Against Crime and Corruption (VACC), the National Bureau of Investigation (NBI) and former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala, over alleged conspiracy to allow the drug trade inside the NBP.

Aguirre said the cases to be referred to the Office of the Ombudsman will be those in relation to her stint as Justice secretary in the previous administration, in which capacity she had jurisdiction over the national penitentiary.

“The Ombudsman cases will be cases with graft and corruption that will be cognizable with the Sandiganbayan. In other words, if the cases against her are cognizable with the Sandiganbayan, then a preliminary investigation should be conducted by the Ombudsman,” Aguirre said.

It is up to Ombudsman Conchita Carpio Morales to adopt any DOJ resolution to indict de Lima at the Sandiganbayan, or not to approve the case at all.

“And since we were the ones who have concurrent jurisdiction and since it is the Ombudsman which has the primary jurisdiction, then we have to forward this with the Ombudsman for further preliminary investigation unless they wanted to adopt the resolution of the DOJ,” Aguirre pointed out.

The DOJ panel probing de Lima is led by Senior Assistant State Prosecutor Peter Ong, with Senior Assistant City Prosecutors Alexander Ramos, Leila Llanes, Evangeline Viudez-Canobas and Assistant State Prosecutor Editha Fernandez as members.

Senator de Lima on Tuesday expressed hope that she would be put in a safe and secure place in the event that she is arrested in connection with the drug trafficking complaints filed against her.

De Lima said her legal team was preparing for the possible issuance of an arrest warrant against her anytime soon.

“My only request in case that eventuality happened, God forbid, is that I will be placed in a safe and secure place. A lot of things have been happening, there were those being killed inside their cell. So what is another EJK (extra-judicial killing)?” de Lima told reporters.

The embattled senator, a leading critic of the President’s war on drugs, also said she will not resist in case the warrant is served on her.

“I cannot physically resist. I am morally and psychologically resisting it because I’m innocent absolutely, but physically I cannot resist. What can I do?” she added.

De Lima has pending petitions at the Court of Appeals on the first consolidated drug-related cases filed by the VACC, NBI and the two former officials as well as the second complaint linking her to Espinosa.

The senator said her lawyers have filed an urgent motion to resolve her application for a temporary restraining order, but the Court of Appeals has yet to act on it. A number of justices have inhibited from the case.

Sen. Panfilo Lacson said he would back de Lima’s wish to be detained in a safe place considering that there have been precedents.

Lacson was referring to former senators Jose “Jinggoy” Estrada and Ramon Revilla Jr., who are detained at the custodial center of the Philippine National Police (PNP) in Camp Crame over pork barrel misuse.

“If former senators were allowed to be detained in that facility, how much more a sitting senator,” Lacson added. </s> SENATOR Leila De Lima is preparing for the worst following the recent announcement of Justice Secretary Vitaliano Aguirre 2nd that the Department of Justice (DoJ) may issue a resolution against her very soon.

De Lima said she has long been expecting the release of the resolution and her possible arrest in connection with the cases filed against her. The senator is facing five drug trafficking complaints filed by the Volunteers Against Crime and Corruption (VACC), the National Bureau of Investigation (NBI) for allegedly receiving payoffs from high profile drug convicts inside the National Bilibid Prison (NBP).

The senator is also facing complaints for violation of the Comprehensive Dangerous Drugs Act and Anti-Graft and Corrupt Practices Act because of her alleged links to Eastern Visayas drug lord Kerwin Espinosa.

“I really don’t know when the arrest warrant will be issued. I’m just saying that Secretary Aguirre has confirmed that they will issue the resolution against me and that I better brace myself,” she added.

But the senator said Aguirre should also prepare to answer the complaints that she will be filing against him.

 De Lima mentioned the issue regarding the confidential memorandum about the privileges extended to high-profile convicts detained at the Armed Forces of the Philippines (AFP) custodial center in Camp Aguinaldo.

The convicts, who testified against De Lima during the inquiry held by the House committee on justice on the proliferation of illegal drugs at the NBP last year were reportedly allowed to use cell phones and other gadgets while in detention.

“These are definitely illegal acts that a secretary of justice should not be doing,” she said. Senate President pro-tempore Franklin Drilon said that should an arrest warrant be issued against De Lima, those tasked to carry out the order should follow the law.

“By tradition we will oppose service of the warrant of arrest inside the session hall. The sanctity of the session hall must be respected,” Drilon noted.
Following the Securities and Exchange Commission of the Philippines' revocation of Rappler's license, the National Bureau of Investigation of the Philippines launches a probe into Rappler.