The Manila Office of the City Prosecutor on Tuesday (June 30) approved the recommendation ordering the release of 20 activists who were arrested at a
Pride protest in Mendiola, Manila on Friday (June 26).
The cases against the Pride 20 were also referred for further preliminary investigation, according to Atty. Minnie Lopez, the activists' legal counsel.
According to the inquest disposition, the arresting officers failed to show proof that there was no permit issued to the activists for them to stage their rally.
It also said that those who allegedly resisted and disobeyed the arresting officers must be identified, since the police claimed that only some of the protesters, and not all, resisted arrest.
The inquest prosecutor said they cannot penalize the activists for holding a social gathering, especially since videos of the rally showed that they were wearing masks and observing physical distancing.
"Social gathering in itself, just like the one portrayed in a controversial birthday gathering, does not amount to a crime of non-cooperation contemplated in the cited provision, sans breaching any of the basic individual health protocols," the resolution read.
It was referring to the birthday "mañanita" of National Capital Region Police Office (NCRPO) Chief Debold Sinas held in May, where he and nearly 50 police officers were seen violating the ban on mass gatherings and other health guidelines, such as physical distancing and wearing of masks.
An investigation into the incident was reportedly launched by authorities, but Sinas and the cops involved walk free to this day.
"The pictures of the respondents while chanting their social stance against a proposed bill at the Mendiola Bridge show them to be observing the physical distancing and wearing of protective face masks," the resolution added.
"This is a welcome development, an initial victory for the Pride 20," she told the Manila Bulletin.
Lopez said the arrested protesters will undergo health and safety measures upon their release, including testing for coronavirus disease (COVID-19).
The Pride 20 had spent five days under the custody of the Manila Police District (MPD).
The arrested activists were among members of LGBTQ+ groups, such as Bahaghari and Metro Manila Pride, that marched to the Mendiola Freedom Park on Friday to protest the Anti-Terrorism Bill and the jeepney phaseout, and to call for mass testing amid the COVID-19 pandemic.
The protesters wore masks and observed physical distancing during the protest action.
Among those arrested were three minors, who were later released in recognizance to the custody of Gabriela Rep. Arlene Brosas, and were later turned over to their parents on Friday evening.
The arrested activists were members of LGBTQ+ groups, such as Bahaghari and Metro Manila Pride, that marched to the Mendiola Freedom Park on Friday to protest the Anti-Terrorism bill and the jeepney phaseout, and to call for mass testing amid the coronavirus disease-2019 (COVID-19) pandemic.
Among those arrested were three minors, who were later released in recognizance to the custody of Gabriela Rep. Arlene Brosas, and were later turned over to their parents on Friday evening.
Charges for disobedience against person in authority in relation to Republic Act No. 11332 or the Law on Reporting of Communicable Diseases, and violation of Batas Pambansa 880 or the Public Assembly Act, were filed against Pride 20.
Earlier, Lopez said they will countersue police officers from MPD who were involved in the dispersal and arrest of the protesters this week or early next week.
They were able to identify the cops through pictures and videos taken by participants of the rally.
Lopez said they are eyeing to file charges for illegal detention, carnapping, and violation of RA 11313 or the Safe Spaces Act.
Some activists said the police officers who arrested them used their vehicle to transport them to MPD since there were not enough police vehicles.
Bahaghari Spokesperson Rey Valmores Salinas, a transgender woman who was among those arrested, reportedly experienced discrimination from the police officers after they refused to let her stay with female detainees in their quarters.