Nineteen of the so-called “San Roque 21” have been acquitted of criminal charges filed agains them for holding a rally in Quezon City on April 1, 2020 in alleged defiance of government measures against the Covid-19 pandemic.

In an order issued last June 6, Quezon City Metropolitan Trial Court (MeTC) Judge Boomsri Sy Rodolfo granted the demurrer to evidence filed by 19 of the 21 accused.

The grant of the demurrer, a pleading to dismiss the case due to the insufficiency of the evidence presented by the prosecution, was tantamount to an acquittal of the criminal charge.

Acquitted were Epifanio F. Villarmero, Marivic D. Mantar, Jocy O. Lopez, Ruth C. Danghil, Cherame B. Garcines, Jesus T. Magsayo, Saidamin D. Casangoan, Revelo S. Mejorada, Celso O. Alagon, Sonny N. Ysulan, Cesar M. Gallamoza, Telefert A. Ramirez, Hilario A. Dela Cruz, Dionesio L. Lopez, Andres E. Lapinid, Ereberht F. Galagate, Bino T. Ali, Emelson T. Cahinde, and Rudillo M. Cabasag Jr.

The bail of P15,000 posted by each of them had been ordered returned.

Judge Rodolfo said that while the two other accused -- Jungie Camarador and Renato Agbay – also filed their demurrer to evidence, the dismissal of the charges could not be ordered because they have not yet been arraigned and “the court has not yet acquired jurisdiction over their persons.”

All the 21 accused were charged with violation of Section 9 (e) of Republic Act No. 11332, the Mandatory Reporting of Notifiable Diseases and Health Events of Public Concern Act; Batas Pambansa 880, the Public Assembly Act of 1985; and Sections 6 (f) and 6 (h) of RA 11469, the Bayanihan to Heal as One Act. They were also charged with resistance and disobedience to a person in authority or agents of such person in violation of Article 151 of the Revised Penal Code (RPC).

All residents of Sitio San Roque in Barangay Bagong Pag-asa, they were arrested by the police on April 1, 2020. They, the court noted, “allegedly refused to obey and cooperate with the orders of the National Government on the Enhanced Community Quarantine (‘ECQ’), by conducting a mass gathering along EDSA, Quezon City.”

Citing the testimonies of the prosecution witnesses including policemen, Judge Rodolfo said “the accused were acting within their rights when they went outside of their respective residences to plea for food.”

“Therefore, the police officers, at the time they confronted the accused and under the circumstances established in this case, cannot compel the latter to obey their directive to go home,” Rodolfo said in his order.

He cited that Executive Secretary Salvador C. Medialdea issued a March 16, 2020 memorandum which indicated that, under RA 11332, “movement to access basic necessities is allowed during the implementation of the ECQ” (enhanced community quarantine).

Even if what occurred was a rally that was conducted without a permit, Judge Rodolfo said that BP 880 is “limited to penalizing the leader or organizer of a public assembly without having first secured a permit when the same is required.”

“Moreover, as provided under Section 13 of BP 880, ‘no person can be punished or held criminally liable for participating in or attending an otherwise peaceful assembly,’" he said.

“Here, the prosecution's evidence failed to establish that any of the accused herein actually engaged in violent acts during the ‘rally,’” he also said.

He pointed out that the accused were “not charged for resisting arrest” when they were told to go home by police and, thus, cannot be held liable for violating Art. 151 of the RPC.