The Quezon City Prosecutor's Office has dismissed the charges for violation of the Ecological Management Act and Clean Air Act filed by the Quezon City Police District (QCPD) against the protesters who burned an effigy of President Ferdinand "Bongbong" Marcos Jr. during his second State of the Nation Address (SONA) in July.
In the resolution dated Nov. 10, 2023 and signed by Assistant City Prosecutor Kathleen Aseron-Casimiro, the charges filed by two QCPD personnel against Max Santiago and three "John Does" were dismissed due to "insufficiency of evidence."
The complaint for violation of Section 48, paragraph 3 of Republic Act 9003 or the Ecological Waste Management Act of 2000 and R.A. 8749 or The Clean Air Act against the accused was filed by Staff Sgt. Mario Sembrano and Cpl. Paolo Navarro, both assigned to the QCPD Anonas Station, in August, following the burning of the "doble-kara" effigy of the president along Commonwealth Avenue on July 24.
"They allege that on 24 July 2023, during the second State of the Nation Address (SONA) of President Ferdinand Romualdez Marcos, Jr., Respondent Santiago, along with other members, burned in front of several media personalities and passers-by and in an open space the "doble cara" effigy of President Marcos Jr. The burning of the effigy started at eleven o'clock in the morning and lasted for several minutes. Complainants aver that this act greatly contributed to air pollution, thus negating the mandate of the government to ensure the protection of public health and the environment. According also to them, such act is a deliberate disrespect to the President and to the country," the resolution read.
It stated that for his part, Santiago, who made the effigy's initial sketches and proposed budget to the Bagong Alyansang Makabayan (BAYAN) secretariat for its approval, "maintains that he did not violate any law nor commit any crime."
Santiago said the group ensured the safety of the crowd by maintaining a safe distance to prevent injury during the burning of the effigy and have cleaned up and disposed of its remnants properly.
It also stated that Santiago "claims that the burning of the "doble kara" effigy is an exercise of political speech protected by the freedom of speech and protection under the Constitution."
"After due and careful consideration of the evidence on record, this Office finds no probable cause to charge the Respondents for the crime of Violation of Section 48, paragraph 3 of Republic Act No. 9003 otherwise known as the "Ecological Waste Management Act of 2000" and Violation of Republic Act No. 8749 otherwise known as "The Philippine Clean Air Act of 1999," it read.
It stated that it is not even clear that the complainants had personal knowledge of the actual burning of the "doble kara" effigy and that the area where the activity was conducted was beyond the jurisdiction of the complainants.
"Other than Complainants' allegation that the burning of the effigy amounts to a violation of the above-cited provision, there is no competent proof such as a certification from a competent authority stating that the effigy falls under the definition of "solid waste" within the purview of the provisions of Republic Act No. 9003. To stress, an allegation is not evidence and could not be made equivalent to proof. Simply stated, there is no evidence sufficient to engender a well-founded belief that Respondents violated Section 48 paragraph 3 of Republic Act No. 9003," it read.
"As regards the allegation that the burning of the "doble kara" effigy also violates Republic Act No. 8749, the same must likewise fail. While Section 20 of said Act prohibits incineration, defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes, there is no document that would support a finding that the burning of the "doble kara" effigy is tantamount to incineration, in violation of Section 20 of Republic Act No. 8749," it added.
In a Facebook post on Wednesday, Dec. 13, Bayan welcomed the decision of the assistant city prosecutor of Quezon City dismissing the case filed against Santiago.
"Bayan deems the filing of the complaint as an act of police harassment aimed at silencing free speech. The police wanted to send a chilling effect by criminalizing dissent, including the use of protest art. Aside from the dismissed case, several QC police officers have filed two separate complaints against Bayan leaders and chapters about the SONA protest," it said.
"We call on authorities to withdraw the remaining complaints filed by the police against activists who joined the SONA protest," it added.
In August, the QCPD also filed charges against 14 officials of progressive groups for allegedly staging a rally without the necessary permits during President Marcos' SONA.