CEBU CITY鈥擜 judge has dismissed one of three charges filed against six protesters and two bystanders who were arrested for holding a rally against the then anti-terrorism bill outside the University of the Philippines Cebu campus last June 5.
In a ruling, Judge Amy Rose Soler-Rellin, of the Municipal Trial Court in Cities (MTCC) Branch 9,聽 said there was no sufficient evidence that the accused violated Republic Act No. 11332, or the law mandating the reporting of communicable diseases.
A section of the law declared it unlawful for someone with communicable disease to cooperate with authorities.
鈥淗owever, there is no allegation or any evidence on record to even suggest that the accused were identified as having COVID-19鈥� when they were arrested, the ruling said.
鈥淭oo, there is nothing to establish that the non-cooperative persons or entities were affected by the health event of public concern,鈥� Rillen added.
While the COVID-19 pandemic is a global and local public health emergency, the judge said a sweeping claim that the entire population is at risk from a 鈥渉ealth event of public concern鈥� cannot be made, she said.
The cooperation required by the law 鈥渟eemingly pertains, not to everyone, but to persons鈥� who have communicable diseases, Rillen said. 鈥淚n this case, there is neither any allegation or showing that such circumstances exist to warrant the accused鈥檚 prosecution under the law,鈥� the judge added.
The charges against the eight for violating the Public Assembly Act of 1985, however, stay.
Named accused in the cases were:
- Jaime Paglinawan of the Alyansa sa mga Mamumuo sa Sugbo-Kilusang Mayo Uno and Bagong Alyansang Makabayan-Central Visayas
- UP Cebu students Joahanna Veloso, 22; Bernie Ca帽edo, 21, and Nar Athena Mae Porlas
- April Dyan Gumanao, a volunteer of the Kabataan party-list group
- Al Ingking, 26, a UP alumnus
- Janry Ubal, 29, and Clement Corominas Jr. , 19, who claimed to just have passed by UP Cebu when the rally was ongoing and dispersed
The National Union of Peoples鈥� Lawyers (NUPL) in Cebu welcomed the dismissal of the case for failure to cooperate with authorities by persons carrying communicable diseases.
NUPL said it remained firm in its position that the accused 鈥渄id not violate any law but were merely exercising their constitutional rights to peaceful assembly and freedom of expression.鈥�
鈥淭hey did not even abuse the exercise of their rights,鈥� the lawyers鈥� group said.
鈥淎s seen in news footage, they wore face masks and observed physical distancing until the police dispersed them violently,鈥� it said.
The group said the now anti-terror law 鈥渃annot serve to prohibit our cherished fundamental rights and liberties.鈥�