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CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al

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Mike Navallo, ABS-CBN News

<div> Rappler lawyer says recent admission in the US by Quiboloy paralegal ‘very significant devt’ </div>MANILA — Cagayan de Oro prosecutors have junked 7 cyber libel complaints against Rappler journalists, a professor and 3 former members of the Kingdom of Jesus Christ (KOJC) church over a series of articles accusing the religious group’s founder, Pastor Apollo Quiboloy, of sexual abuse, trafficking and fraud, among other cases.In a 3-page joint resolution dated February 18, prosecutors Ruby Teleron-Malanog, Alfonso Vicente, Jr. and Omar Sharief Naga dismissed the cyber libel complaint filed by Cherry Cabrillos, who identified herself as the Northern Mindanao cluster coordinator of KOJC.“She was not identified in the articles and recordings. Absent circumstances specifically pointing or alluding to a particular member of a class, no member of such class has a right of action,” the prosecutors said.They also noted Quiboloy himself was not involved in filing the complaint.“Although her was identified in the articles and recordings, however, he did not execute any affidavit. There is no showing that, as to Apollo Quiboloy, Cherry Cabrillos is competent to establish the presence of the fifth element,” the prosecutors explained, referring to the tendency to cause dishonor, discredit or contempt of the person allegedly defamed, an element of libel.Named as respondents in the complaint were Rappler Incorporated and its journalists Herbie Gomez, Inday Espina-Varona, Vernise Tantuco and Pia Ranada. Also impleaded were Ateneo professor Jayeel Cornelio and Quiboloy whistleblowers Arlene Stone, Faith Killion and Reynita Fernandez.In a series of reports and video interviews published on Rappler’s website and social media platforms in December last year, Stone, Killion and Fernandez detailed allegations of Quiboloy supposedly sleeping with “pastorals” or female personal assistants, including minors. They also shared the church imposed fund-raising quotas with severe consequences such as whipping and caning for failure to meet quotas or follow behavioral codes.The US Department of Justice in November last year announced the filing of sex trafficking charges against Quiboloy, incidentally, President Rodrigo Duterte’s spiritual adviser.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/19/21/us-announces-sex-trafficking-charges-vs-apollo-quiboloy">Apollo Quiboloy, founder of Kingdom of Jesus Christ church, indicted for sex trafficking</a></li></ul>The US Federal Bureau of Investigation placed him on its “most wanted” list in February this year on sex trafficking and bulk cash smuggling charges, among others.Quiboloy supposedly employed force, fraud and coercion in allegedly committing these crimes.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/05/22/quiboloy-placed-on-fbis-most-wanted-list">Quiboloy, 2 others in related cases placed on FBI’s most wanted list</a></li></ul>Quiboloy’s Hawaii-based lawyer, Michael Jay Green, dismissed the allegations as claims of allegedly disgruntled former members who were accused of corruption and embezzling KOJC funds.<div>Prosecutors did the &quot;right thing,&quot; says Rappler lawyer</div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/X9E_5nZ5xXQ?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>Rappler’s lawyer, former Supreme Court spokesperson Theodore Te, told ANC Rundown Tuesday, his clients have not even received a copy of the complaints filed in Cagayan de Oro City but praised them for doing the “right thing.”“The panel, the prosecutors, usually have discretion, to determine on their own, even without a counteraffidavit, if there is a basis to junk a complaint and here this is what the prosecutors did. They cited Rule 112 section 3(b) of the Rules of Criminal Procedure and that precisely gives the basis for prosecutors to determine on their own, even without a counteraffidavit submitted, if there was basis to find that there was no case,” he said.Under the rule, prosecutors have 10 days within filing of the complaint to either dismiss the complaint if they find no ground to continue with the investigation or issue a subpoena to respondings, attaching a copy of the complaint and its supporting affidavits.Te also pointed out it should have been Quiboloy, not his followers, who should have filed the complaint.“The essence of the offense really is personal. It must point to someone’s honor or reputation being defamed. So it cannot be claimed vicariously by someone else,” he said.Various complaints have been filed by Quiboloy’s followers against Rappler, its journalists and the whistleblowers in various cities in Mindanao where KOJC is based — particularly in Davao City, Panabo City and General Santos City.“They are based on practically the same set of reporting. A small group of respondents are identical, with the addition across different cases of other journalists from Rappler or connected with the Rappler articles but essentially yes, it would be the same set of reporting,” he said.Te explained the difficulty under the present laws on libel as to where suits can be filed. “Our laws on libel would appear to indicate that a complaint can be filed by the person who is offended by an article in the place of the first publication. And that has always been problematic in libel law because literally you can say that I was in a different city and let’s say I first saw it there. And it was first published there,” he said. “And you know in a hypothetical situation, a complainant could actually bring someone, out of that person’s venue, residence, hometown and have that person litigate a case in a totally separate city where that person has no connection to that city whatsoever. And that’s one of our challenges in our current libel laws,” he added.A recent ruling by the Supreme Court in Tieng vs. Alaras in July last year settled the rule as to where libel complaints against a radio or television broadcast may be brought — at the place where the radio or TV station where the broadcast of the libelous statement originated or the actual residence of the private offended party at the time the radio or televised broadcast was made.However, Te pointed out, this rule does not extend to cyber libel.Not discussed in the Cagayan de Oro complaints but raised in the other raps is the defense that the Rappler articles were fair and true reports of a judicial proceeding, a defense in libel cases.“That particular point has been raised in the defense of the journalists, that this would be a report of something that has already transpired and is transpiring currently and that it is simply a report, a fair and true report,” Te said.<div>US PARALEGAL ADMISSION</div>Te added that the recent admission by a US paralegal that she participated for around 8 years in facilitating marriage and visa fraud with the leaders of KOJC is an important development.Maria de Leon agreed to plead guilty and has agreed to cooperate with the US government.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/04/02/22/woman-admits-role-in-fraudulent-scheme-linked-to-kojc-members-us-govt">Woman admits role in fraudulent scheme linked to Kingdom of Jesus Christ members, says US gov’t</a></li></ul>“That’s an interesting development. I personally would want to see where that goes. But that’s in fact a very significant development, though not directly affecting the legal suits, the pending suits,” he said.Under Article 361 of the Revised Penal Code, the truth of an allegation may be presented as evidence in court and if published with “good motives and for justifiable ends,” could lead to an acquittal.“As a matter of defense, it has to be pleaded,” Te said. “That’s why I can’t, I don’t wanna say more because there are pending cases but yes, it can be brought to the attention of the prosecutors…We’ll have to see where the prosecutors handling the pending cases will go in relation to this particular development,” he added.Te, who also defended Rappler CEO Maria Ressa against cyber libel, said Ressa’s appeal over her June 2020 conviction has been submitted for resolution. A Manila court sentenced Ressa and former Rappler researcher-writer Reynaldo Santos, Jr. to up to 6 years in jail over an article published in 2012 against businessman Wilfredo Keng.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/15/20/rapplers-ressa-ex-researcher-get-up-to-6-years-in-jail-for-cyber-libel">Rappler&#x27;s Ressa, ex-researcher get up to 6 years in jail for cyber libel</a></li></ul>The ruling has been criticized because it supposedly expanded the period for filing a complaint from 1 year for libel under the Revised Penal Code to up to 12 years for cyber libel.There was also an issue as to whether a correction of a typographical error in 2014 could be considered a republication to make the case fall under the Cybercrime Prevention Act, which was enacted into law in 2012, months after the original publication of the Rappler story.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/spotlight/06/14/20/how-correcting-a-typo-got-maria-into-trouble-the-cyberlibel-case-vs-rappler">How correcting a typo got Maria into trouble: The cyberlibel case vs Rappler</a></li></ul>

Cagayan de Oro prosecutors junked 7 cyber libel complaints against Rappler journalists, a professor and 3 ex-members of Apollo Quiboloy's church.

CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al

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CDO prosecutors junk Quiboloy follower cyber libel raps vs Rappler, et al

Mike Navallo,

ABS-CBN News

Published Apr 05, 2022 01:00 PM PHT

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Cagayan de Oro

cyber libel

rappler

Kingdom of Jesus Christ

Apollo Quiboloy

Cherry Cabrillos

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