Supreme Court Spokesperson Brian Hosaka sought the Commission on Elections (COMELEC) to comment on the petition filed against the partnership between the institution and the online news site website Rappler for the coming May 9 election. 

Hosaka told the reporter, “The Court En Banc during its deliberations today ordered the respondents to file their respective comments on the petition and application for a TRO (temporary restraining order) within a non-extendable period of 10 days from receipt of the order.” The spokesperson reiterated that COMELEC should file their side via personal service to the court. 

Petitioner Solicitor General (SolGen) Jose Calida supported by Commissioner Socorro Inting who also ask the tribunal to void the memorandum of agreement (MOA) because foreign nationals fund the media entity. 

According to Calida, the MOA between COMELEC and Rappler is “void for being violative of the Constitution  and other laws, not to mention it being onerous to the Government and the Republic.” 

Under the petition, it is stated that the temporary restraining order is urgent because it involves the interest of the public citing Rappler’s is owned and controlled by a foreign entity. Calida also added that in 2018, the Securities and Exchange Commission (SEC) revoked the media outlet certification.  

The Solicitor General  said  that “even if Rappler were treated as an existing corporation, “it is a foreign mass media entity managed by an American citizen and whose operations are funded and/or controlled by foreign entities that include Omidyar Network Fund L.L.C.”

The petition also mentioned that the tie between COMELEC and Rappler indicates a power to decide on all questions regarding the election citing Section 2(3), Article IX-C of the constitution as the violation.