What you need to know about the Rappler Court's decision on appeal

CASE AS HABITUAL. A picture of Rappler's editorial staff. Photo of Charles Salazar / Rappler

MANILA, Philippines – The Court of Appeal (CA) issued a decision on Thursday, July 26, regarding the revocation of the Rappler's Certificate of Incorporation by the Securities and Exchange Commission (SEC). January 2018.

Here are answers to some frequently asked questions

Did the Court of Appeal uphold the SEC's decision to terminate Rappler's career by revoking his certificate of incorporation?

The Court of Appeal agreed with Rappler that the SEC's decision to terminate its activities by revoking its certificate of incorporation is erroneous.

More importantly, the Court of Appeal pointed out to the SEC that the revocation of the constituting certificates should be the "last resort" since the law gives it the mandate to give corporations the opportunity to rectify any noncompliance. 19659009] In dismissing Rappler's application for review, did the Court of Appeal rule that Rappler had violated the "zero foreign control standard" stipulated in the Philippine Constitution regarding the media?

that Rappler is not a foreign property. He stated that the issuance in itself of Filipino Depository Receipts (RDPs) is not illegal and does not grant ownership or control to a stranger.

The Court of Appeal simply noted that "… while the Omidyar PDR stipulates that the voting rights on Rappler shares are retained by Rappler Holdings Corporation, this voting right is shared or exercised. jointly by RHC, as the owner of the shares, and Omidyar, by article 12.2.2 Thus, under a "zero" foreign control standard, it would appear that this equates to foreign control

Nevertheless, the AC concluded that the parties to the RDP were acting in good faith and that the clause was "never exercised."

Did the Court of Appeal she made an order to the SEC?

Yes.

The decision of the Court of Appeal actually addresses the SEC. It stated: " Thus, it is incumbent upon the SEC to evaluate the terms and conditions of said alleged donation and its legal effect, in particular, if this has the effect of mitigating, if not of heal- ing ir, the violation that he found that the petitioners had engaged. If that is the case, this could justify reconsideration of the sanction of the revocation of the incorporation certificates of the petitioners imposed by the SEC Banc in the contested decision. "

Did the Court of Appeal Decide That the

Although the Court of Appeals agrees with Rappler that" the administrative procedure SEC SECURITY OF 2016 IS NOT PERFORMED BY THE SEC SECRETLY IN THIS CASE. " Did the Court of Appeal Consider Omidyar's Waiver? to the questionable clause and its possible donation of all of its RDPs in Rappler Holdings Corporation to Rappler 's staff in February 2018?

Yes .

The Court of Appeal concluded at para. good faith of the parties due to Omidyar's waiver of rights under the dubious clause and the subsequent donation of all its RDPs The Court of Appeal also noted that "[i] saw the gift made by Omidyar from Omidyar's entire PDR to Rappler's staff, the negative foreign control deemed to be reprehensible by the SEC seems to have been permanently withdrawn. "

Court of Appeal rules on Rappler's assertion that the case concerns a problem of press freedom?

No.

Although the Court of Appeal stated that the SEC's decision to bring Rappler to the door is flawed and noted that the SEC had not followed its own procedural rules in the past. In that case, it refrained from determining whether such acts had been done by the SEC to restrict freedom of the press. (EXPLANATION: How SEC's Rappler decision is a test for freedom of the press)

The Court of Appeals declared that "… the exercise of press freedom Is not a problem in this case.On the contrary, the issue involves the exercise of regulatory powers by the SEC on the national companies duly registered with it. "

What's next for Rappler?

For now, the ball is in the hands of the SEC. Rappler, for one, studies all of his legal options. – Rappler.com