Rappler violated the Constitution – Court of Appeals
Earlier this year, Security and Exchange Commission revoked the license of social news site Rappler.
The news entity fought for their freedom to published news in the Philippines despite of accusations that it is foreign-owned.
Based on the Philippine Constitution, media entities are not allowed to be under the management of a foreign sector.
With that, arguments followed between SEC and Rappler until the latter petitioned that the former violated its rights as a media entity.
The Court of Appeals (CA) junked the petition on Thursaday, July 26.
Based on the article published in Manila Times, the CA Special 12th Division released a 72-page decision stating that Rappler is not fully Filipino-owned.
It was also said that the social news site has violated the 1987 Constitution.
CA affirmed the findings of SEC and stated that the agency has done no grave abuse of discretion.
The ruling also stated that foreign equity restriction on mass media means that there will be “zero” foreign control. However, the CA saw otherwise.
“Also, it does not matter whether the approval from Omidyar is required only when the actions taken by Rappler will prejudice the rights of Omidyar, because RHC will still nonetheless be required to secure the approval of at least 2/3 of the PDR Holders before Rappler can carry out or implement any action which has the effect of altering, modifying or otherwise changing Rappler’s Articles of Incorporation or By Laws,” the ruling also said.
Justice Rafael Antonio Santos penned the ruling and Justices Apolinario Brussels Jr. and Germano Francisco Legaspi concurred in.
The CA also said that SEC did not violate any administrative due process because the news entity which Maria Ressa leads had been informed about the notice and hearing.
Furthermore, SEC has complied to all the necessarily requirements of due process, based on the report.