MANILA, Philippines — The Supreme Court has ordered the Commission on Elections and online news company Rappler to answer the petition filed by government lawyers seeking the nullification of its memorandum of agreement for the 2022 national elections.
“In the case of Republic of the Philippines represented by the Office of the Solicitor general and Rappler, the Court En Banc during its deliberations today ordered the respondents to file their respective comments on the petition and application for a [temporary restraining order],” SC spokesperson Brian Hosaka told reporters on Tuesday.
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Comelec and Rappler were given the non-extendible period of ten days from receipt of order to file their comments to the SC.
Solicitor General Jose Calida on March 7 made good on his statement that he will seek court action if the Comelec will not rescind its MOA with Rappler, over allegations that it is unconstitutional.
Although the OSG has yet to make public a copy of its petition, it said in a statement that its MOA should be voided “for being violative of the Constitution and other laws, not to mention its being onerous to the Government and the Republic.”
Just a day after Calida filed the petition, the Comelec suspended its MOA with Rappler until the petition is resolved.
Then-Acting Comelec chair Socorro Inting said: "Given the allegations against Rappler and the subsequent filing of the Petition with the SC, it is judicious for the Commission to hold in abeyance the implementation of the provisions of the MOA until the issues are settled and/or the decision of the court is rendered,”
Among the arguments Calida raised in his petition is the authorization given to Rappler to alert the poll body “on any election-related posts on social media and with the sole discretion to determine what it deems ‘ false, misleading and harmful information.’”
In Chavez v. Gonzales, the Supreme Court referred to prior restraint as “official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.”
Philippine media organizations, the academe and non-governmental groups have vowed to increase and amplify fact-checking efforts for the 2022 national elections.