An appeals court has struck down a 2018 government order that sought to shut down Rappler, an online Philippine news site celebrated for its critical coverage of former President Rodrigo Duterte’s so-called “war on drugs” that left thousands dead.

The Court of Appeals (CA) Special 7th Division, in a ruling on July 23 but publicly released on Friday, ordered the country’s Securities and Exchange Commission (SEC) to “restore the Certificate of Incorporation of Rappler Inc. and Rappler Holdings Corp. in its records and system.”

The court stated that all issuances and actions relating to “[Rappler’s] illegal revocation” must be withdrawn.

Rappler and its chief executive, Nobel Peace prize laureate Maria Ressa, faced years-long legal battles after drawing condemnation from Duterte for the outlet’s critical reporting of the deadly drug war.

“This court decision, the latest in a string of court victories for Rappler, is a much-needed reminder that the mission of journalism can thrive even in the line of fire: to speak truth to power, to hold the line, to build a better world,” the online news portal said in a statement.

“It’s a vindication after a tortuous eight years of harassment. The CA was unequivocal in its rejection of the SEC’s 2018 shutdown order, declaring it ‘illegal’ and a ‘grave abuse of discretion’,” it said.

Rappler’s business certificate was revoked in January 2018 after the SEC claimed the news website was partly owned by foreign entities Omidyar Network, founded by eBay co-founder Pierre Omidyar and North Base Media, owned and founded by a group of journalists advocating free press.

Foreign ownership prohibited
The SEC took issue with Philippine depository receipts issued by Rappler to the two foreign groups. The Philippine Constitution prohibits foreign ownership of media sites.

Omidyar subsequently donated its shares to Rappler’s Filipino managers. The CA then asked the corporate regulator to restudy its ruling because the issue had been resolved. However, the SEC upheld its order before Duterte ended his term.

Rappler continued to operate while the website appealed the order.

Philippine media freedom – Rappler wins new court ruling.   Video: Al Jazeera

In its decision, the CA said Rappler is “currently wholly owned and managed by Filipinos, in compliance with the constitutional mandate.”

In 2021, Ressa won the Nobel Peace Prize for shining a light on thousands of extrajudicial killings under Duterte, who is being investigated by the International Criminal Court.

The Philippines ranks among the world’s most dangerous countries for journalists.

At least 199 media workers have been killed in the Philippines since the restoration of democracy in 1986, according to the Paris-based Reporters Without Borders (RSF).

That figure includes the 32 journalists and media workers murdered in one incident in 2009, the Ampatuan massacre in Mindanao described as the world’s biggest single-day attack on the working press.

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Article by AsiaPacificReport.nz

Philippine President Rodrigo Duterte, for the third time, used his State of the Nation Address (SONA) to call on Congress to reinstate the death penalty for violators of the country’s anti-drugs law.

“I reiterate the swift passage of a law reviving the death penalty by lethal injection for crimes specified under the Comprehensive Dangerous [Drugs] Act of 2002,” said Duterte today during his fifth SONA.

He even teased lawmakers who appeared unenthusiastic about his call.

READ MORE: Statement masks, dolphin balloons – SONA 2020 protesters come with witty banners, attire

Earlier today demonstrators protested against the president over his dictatorial policies, draconian anti-terrorism law and handling of the coronavirus pandemic which has seen more than 80,000 infections and 2000 deaths in the Philippines.

“I did not hear so much clapping so I presume that they are not interested [in then death penalty]. Someday I will tell you the story of what happened in the Philippines,” said Duterte.

At this point, he digressed from his written speech to launch a familiar monologue about how illegal drugs harm Filipino youths and how Philippine drug syndicates operate like those in Colombia and Mexico.

Death penalty law failed for four years
For the past four years of the Duterte presidency, Congress has failed to pass a law reinstating the death penalty.

Senate President Vicente Sotto III had previously said that a law reserving the death penalty for high-level drug traffickers stood a better chance of getting through the Senate.

Duterte had used his fourth SONA and secind SONA to push for capital punishment, but it had been his call since since 2016 when he was a presidential candidate.

But his support for the death penalty has earned him criticism from European Parliament lawmakers and human rights groups both in the Philippines and abroad.

Pia Ranada is a reporter for Rappler independent news website in the Philippines.

Article by AsiaPacificReport.nz

By Nestor Corrales in Manila

Despite the Philippine government’s brutal war on drugs, President Rodrigo Duterte has admitted that the drug problem in the country has “worsened” and warned that the country might end up like Mexico controlled by drug cartels.

“Things have worsened. My policemen are at the brink of surrendering,” he said in a speech during the campaign rally of the Partido Demokratiko Pilipino–Lakas ng Bayan (PDP-laban) in Cagayan de Oro.

“You can see the headlines — every day billions worth of drugs are entering the country. Look at the main screen and the crawler, the running news at the bottom. It’s always about drugs, drugs, and drugs,” he added.

READ MORE: Duterte’s ‘war on drugs’ in the Philippines

The President cited the recent 1 billion pesos (NZ$28 million) worth of shabu seized by authorities, which he said could just be a diversion of drug traffickers in the country.

“Don’t believe that it’s one billion. The next day there will be another one-point-three billion. That’s just an excuse. That’s a bait,” he said.

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“Actually there are other billions coming in. The Philippines is contiguous, island for island. There are seven thousand islands. Just choose where you want to land,” he added.

Duterte said the Philippines could end up like Mexico with the current drug situation.

“In the end, we will be like Mexico. We will be controlled by drug cartels. The Sinaloa has already entered the country and that is why drugs are being thrown in the Pacific. The same is happening in the West,” he said.

Data from the Philippine Drug Enforcement Agency (PDEA) death count in the government’s war on drugs was now at 5,104 since the President launched his brutal war on drugs in July 2016.

However, human rights organisations and campaigners for victims cite much higher death tolls ranging between 12,000 and 20,000.

Nestor Corrales reports for the Philippines Daily Inquirer.

Article by AsiaPacificReport.nz

Al Jazeera’s Jamela Alingogan reports from Manila on a game-changing president marking six months in office. Video: AJ YouTube

Philippines President Rodrigo Duterte has said he would consider declaring martial law if the drug problem deteriorates, adding “no one can stop” him from making such a decision.

“I have to protect the Filipino people. It is my duty. And I tell you now, if I have to declare martial law, I will declare it,” Duterte told a gathering of businessmen in his hometown of Davao at the weekend.

“I don’t care about the Supreme Court. No one can stop me,” he said. “The right to preserve one’s life and my nation … transcends everything else, even the limitations.”

Under the 1987 Constitution of the Philippines, the president can declare martial law up to 60 days “in case of invasion or rebellion”.

The constitution makes no mention of drug violence as a justification for declaring it. Congress and the Supreme Court also have the power to review any such declaration.

But Duterte said that his duty “to preserve the Filipino people, and the youth of this land” is sufficient to suspend the writ of habeas corpus. 

“Not about invasion, insurrection. Not about danger. I will declare martial law to preserve my nation. Period,” he said.

Death toll continues to climb
It is not the first time that Duterte has openly discussed declaring martial law. Last Thursday he said the constitutional provision giving Congress and the Supreme Court power to review martial law declaration needed to be revised.

But he also said earlier in January that he had no plans of declaring martial law, saying it was “nonsense”, adding that it did not improve the lives of Filipinos when it was declared in the past.

In 1972, then President Ferdinand Marcos declared martial law, citing the threat of communist insurgency in the country.

In August of last year, President Duterte was angered when the Chief Justice sent him a letter questioning his decision to release the names of judges accused of links to the illegal drug trade.

“If this will continue and if you will try to stop me, then fine. Would you rather I declare martial law?” Duterte was quoted as saying.

Duterte won the May 2016 presidential election largely on a platform of fighting the illegal drug trade.

As of mid-December, less than six months into his presidency, more than 6000 people have been killed as part of that war on drugs. Dozens more have been reported killed since January 1, 2017.

Report from Al Jazeera English.