Why Rappler won its case vs Duterte-time SEC shutdown order

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Why Rappler won its case vs Duterte-time SEC shutdown order
Court Of AppealsMaria RessaOffice Of The Solicitor General
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The decision says: 'the SEC En Banc’s ruling goes well beyond mere failure to understand the CA 12th Division’s ruling, it displays willful defiance that exceeds even the threshold of grave abuse of discretion'

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Ressa recalled Rappler’s struggles brought about by the shutdown order. She said banks refused to engage in business with Rappler and clients shied away from advertising with the newsroom. Ressa added that Rappler was also forced to close its Jakarta, Indonesia bureau and could not even open a bank account outside the country.

“Well, I had been looking at things very objectively from day one. And I was telling Maria, Glenda , and the rest of the team, I had no doubt that one day, this day will come. And it has come today,” lawyer Francis Lim, Rappler’s lead counsel, said. ACCRALAW represented Rappler in the SEC case.the SEC’s closure order, Rappler filed a petition for certiorari, a legal remedy used to review the ruling or order of another body or court.

“The SEC En Banc intentionally shirked its responsibility, ignoring the directive of the CA 12th Division to ‘evaluate the terms and conditions of the alleged supervening donation.’ On this basis alone, the assailed compliance and order should be reversed and set aside,” the ruling read. “Verily, the SEC En Banc’s ruling goes well beyond mere failure to understand the CA 12th Division’s ruling, it displays willful defiance that exceeds even the threshold of grave abuse of discretion.

“Therefore, the facts show that Rappler Holdings, and by extension Rappler, are currently wholly owned and managed by Filipinos, in compliance with the Constitutional mandate,” it added.In the strongly-worded ruling, the CA said it agreed that Rappler was accorded preferential treatment – a negative one.

The Duterte administration used PDRs as a tool to portray Rappler and ABS-CBN, another entity targeted by the previous government, as being alleged tax evaders and foreign-owned. Lim earlier said that the weaponization of PDRs created aof tax evasion in 2023, it explained how local laws and regulations had evolved to allow businesses to raise capital, like the use of PDRs.

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