The Quezon City's Prosecutor's Office has dismissed the charges filed by police against 18 individuals who supposedly violated various community quarantine-related laws for allegedly holding a protest in May.
In a resolution, Senior Assistant City Prosecutor Fabinda Delos Santos dismissed the RA 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act in Relation to Proclamation No. 922 and 929; the RA 11469 or the Bayanihan to Heal as One Act; and the BP 880 or the Public Assembly Act of 1985 charges filed by the Quezon City Police District against the individuals.
"Based on the evidence adduced, the undersigned finds no probable cause to indict the respondents with the offense charged," the document read. "None of the acts constituting the offense penalized ...was established to have been committed by any of the herein respondent."
On May 1, University of the Philippines students Jandeil Roderos, Jim Clay Bagano, and Joshua Marcial; youth organization Tulong Kabataan member Antonio Narciso III; and 14 others were arrested after police caught them allegedly holding an illegal protest on Maparaan St. corner Kalayaan Ave.
Police, in its police report, accused them of shouting "on the street as they lined-up while holding tarpaulins with their grievances printed on it." QCPD Director Brig. Gen. Ronnie Montejo said they violated the enhanced community quarantine (ECQ)-related laws by not having a permit to conduct protest and gathering in the public amid the ECQ protocols.
Tulong Kabataan, a relief network of Kabataan partylist, denied the allegations and said that the arrested individuals were only conducting a feeding program called "Kusinang Kabataan" for the residents of the area before their arrest.
In her resolution, Delos Santos said, "there is no violation" of RA 11469 as "nothing was said about COVID-19" when placards with messages "Ayuda Para sa Lahat Dapat Walang Pinipili," "SAP Ibigay Na," "Endo Wakasan Na," Kalusugan Kabuhay Karapatan Ipaglaban," "Tulong, Hindi Kulong," and "Ayuda Sa Jeepney Drivers Ibigay Na" were raised.
She also said that, "it was not also established that the respondents violated B.P. 880 Section 13 (a)" as it "was not established that the alleged public assembly created danger to public order, public safety, public convenience, public morals or public health."
"Section 9 (e) of Republic Act. No. 11332 penalizes non-cooperation of persons or entities affected by the health event of public concern. In this case, it was not established that the respondents are affected by a notifiable disease or a health event of public concern," she added.
The College Editors Guild of the Philippines, whose member was one of those arrested, welcomed the decision made by the prosecutor's office.
"The dismissed charges further prove that all of these are baseless and a clear attack against the youth," it said in a statement. "Being a relief worker is not a crime. Helping out our kababayan (fellow) in times of pandemic and natural disasters for the gross negligence of the Duterte administration will never be a crime."