Lawyer JJ Disini, a University of the Philippines College of Law professor, said a law may not apply on an alleged crime committed before it took effect.
"Ang hirap kasi d'yan, parang gumagawa sila ng batas para may kaso silang mai-file sa Rappler," said Disini said.
"Parang gumagawa sila ng bagong teorya ng batas para ma-filan nila ng case 'yung Rappler. Hindi ganun ka-solid 'yung case nila," said Disini.
On Thursday, the National Bureau of Investigation (NBI) summoned Rappler CEO Maria Ressa and the site's former justice beat reporter Reynaldo Santos Jr. to appear before its Cybercrime Division on Monday.
This as the NBI investigated a complaint filed by Century Peak president Wilfredo Keng against Rappler for an article published in May 2012.
In that article, Rappler reported that Keng allegedly lent a car to the late former Chief Justice Renato Corona. Corona allegedly used the car even while one of Keng's companies supposedly had a pending case in a lower court, the news site reported.
Keng had denied that Corona was using his car.
The complaint invoked provisions of the Cybercrime Prevention Act, which was signed into law on September 22, 2012, months after the publication of the Rappler report that Keng had found offensive.
Disini also cited the prescription period in filing criminal cases.
"Dapat one year lang, di ba? Dapat 2013 siya nag-file," Disini said.
The NBI meanwhile cited the theory of "continuous publication," making Rappler still liable for the crime.
The NBI investigation of Keng's complaint came shortly after the Securities and Exchange Commission revoked Rappler's incorporation papers, citing its alleged violation of foreign ownership regulations under the 1987 Constitution.
Rappler has asserted that it "remains 100-percent Filipino-owned" despite having foreign investors and slammed the SEC ruling as an assault on press freedom.
--With report from Michael Delizo, ABS-CBN News
source: news.abs-cbn.com
