Analysts criticize SolGen Berberabe over move to reverse Ressa Cyber Libel conviction

Political analysts Alex Magno and Roberto Tiglao have criticized Solicitor General Darlene Marie Berberabe for asking the Supreme Court to overturn the cyber libel conviction of Rappler CEO Maria Ressa.

The analysts described the move by the Office of the Solicitor General (OSG) as inappropriate and lacking courtesy toward the High Court. Berberabe recently filed a “Manifestation with Recommendation for Acquittal” urging the Supreme Court to acquit Ressa.

Magno, a longtime political science professor at the University of the Philippines, said in his March 21 column titled “Discourteous” that the Solicitor General’s action was improper. He emphasized that her role is to represent the government, not personal acquaintances, raising concerns about a possible conflict of interest since she had previously served as legal counsel for Ressa.

Ressa was convicted of cyber libel by a Manila Regional Trial Court in 2020, a decision that was unanimously upheld by the Court of Appeals in July 2022. She was sentenced to a prison term ranging from eight months and 20 days to six years, along with a ₱400,000 fine. In November 2022, Ressa and her co-accused, Reynaldo Santos Jr., appealed to the Supreme Court to reverse the ruling.

Tiglao, in his March 23 column, also questioned Berberabe’s legal basis for seeking acquittal. He argued that only the Supreme Court sitting en banc can overturn its own rulings and accused the Solicitor General of disregarding established legal doctrines. Tiglao further pointed out that while Berberabe cited a 2023 Supreme Court decision suggesting a one-year prescription period, she allegedly overlooked an earlier 2018 ruling in Tolentino v. People, which set the prescription period at 15 years.

Meanwhile, other political observers echoed the criticism, saying the OSG should prioritize broader national concerns. They argued that amid ongoing global challenges, such as tensions in the Middle East, the Solicitor General should focus on addressing issues that directly affect the public rather than intervening in cases involving private individuals.