SEC ruling vs Rappler unconstitutional, says Roque’s former law firm

MANILA, Philippines – Presidential spokesperson Harry Roque’s old law firm still displays his photos on its web site. But Centerlaw, which he founded to champion human rights and press freedom, will not necessarily echo its founder to defend the government. 

Centerlaw in a statement on Tuesday, January 16, slammed the ruling of the Securities and Exchange Commission (SEC) against Rappler as “prior restraint” and thus unconstitutional.

Centerlaw said the Constitution guarantees that the right to free expression is superior to other rights, including the property rights that SEC said Rappler allegedly violated. 

“The alleged failure of Rappler to comply with constitutional restrictions on foreign ownership of Philippine media entities aside, the SEC’s decision is tantamount to prior restraint, and therefore comes with the heavy presumption of unconstitutionality,” the Centerlaw said in a statement on Tuesday, January 16.

“What the SEC should have done was to give Rappler an opportunity to correct its ownership structure. Instead, the SEC got down to business right away with guns blazing,” it said.

Centerlaw called the order of the Office of the Solicitor General for SEC to investigate Rappler as “collateral attack” meant to restrain government critics. 

“That this move to cancel its corporate registration is linked to the President’s public statements disparaging Rappler is proven by the fact that it was no less than the Office of the Solicitor General that so moved,” it said. 

“At best, the SEC’s decision is a prime example of outrageous legalism blind to law’s greater purposes; at worst, it is one cloaked with unconstitutional motivations,” it said. 

Roque, for his part, attempted to downplay the SEC ruling. He said Duterte would have called on the military to padlock Rappler if he really wanted to close down the news web site. 

“If the President wanted to do that, he could’ve just sent the Armed Forces to their offices and padlocked them,” said Roque on Tuesday, January 16, during a Palace press briefing.

Roque, one of the country’s leading human rights lawyers, resigned from his post at Centerlaw in 2016 to become the spokesman of President Rodrigo Duterte. 

Centerlaw is now led by Joel Butuyan.

Roque’s support for Duterte came as a suprise for many. He championed a case filed by the media against former First Gentleman Jose Miguel Arroyo during the Arroyo administration. He also tirelessly followed up cases against the killers of journalists in the Maguindanao massacre and broadcaster Gerry Ortega in Palawan.– Rappler.com