Makati City Prosecutor's Office sets free 113 arrested at Skye bar
By Jel Santos
The 113 individuals recently arrested at a bar in Makati City for allegedly violating physical distancing were ordered released by the Makati City Prosecutor’s Office.
“Upon evaluation on the evidence on hand, this office holds that there is no probable cause to indict respondents for violation of Executive Order No. 11 and art. 151 of the Revised Penal Code,” a copy of the resolution obtained by Manila Bulletin dated June 30, 2020 read.
The Prosecutor’s Office said the alleged violation of Makati City Executive Order No. 11 should be dismissed since the EO has no specific penalty in any of its provisions.
It also dismissed the complaint for resistance and disobedience under Article 151 of the Revised Penal Code because the complaints failed to show that, while they were in the lawful performance of their official duty, they gave lawful orders to respondents and that the latter disobeyed the same.
“It must be noted that the joint-affidavit of arrest even failed to allege any details with respect to respondents’ alleged resistance and disobedience,” the resolution said.
On the alleged violation of Republic Act No. 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act), the Prosecutor’s Office said the evidence presented were insufficient to immediately indict the respondents, specifically for violation of Section 9 (e), stating “Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health event of public concern.”
The Makati Prosecutor’s Office said the complainants did not produce any medical certificates or any certification to show that respondents or any one of them has/have notifiable diseases, such as COVID-19.
“Hence, the need for a formal preliminary investigation to determine if indeed there was actual violation of the said provision that warrants a valid warrantless arrests of all the therein respondents at the top of Skye Bar located at 18thfloor, M1 Tower,” the resolution added.
“In the meantime, all respondents should be released from detention from Guadalupe Nuevo Covered Court , Barangay Guadalupe, Makati City pending the conduct of preliminary investigation and that the attached Release Order be approved,” the resolution said.
The resolution was recommended by Deputy City Prosecutor Josefa D. Laurente, and was approved by Sr. Assistant State Prosecutor Roberto A. Lao, officer-in-charge of Makati City Prosecutors Office.
On the night of June 28, the Makati Police raided the Skye Bar located at the 18th floor of M1 Tower in Barangay Bel-Air after authorities received a tip from concerned citizens about the mass gathering at the bar. The party-goers were reportedly not observing physical distancing while drinking liquor.
One of those arrested was celebrity host KC Montero and his wife.
On June 29, the Makati City Business Permits and Licensing Office (BPLO) shut down Skye Bar for violating RA 11332 and the Revised Makati Revenue Code City Ordinance No. 2004-A-025.