Court junks police case vs anti-PUV modernization groups
A case filed by the Quezon City police against officials of transport groups Manibela and Piston, along with urban poor group Kadamay for holding a three-day protest against the government’s public utility vehicle modernization program (PUVMP) in August has been dismissed in court for lack of probable cause.
The police had accused Piston national president Mody Floranda and deputy secretary general Ruben Baylon; Manibela chair Mar Valbuena and president Regie Manlapig; as well as Kadamay secretary general Mimi Doringo, of holding a protest from Aug. 14 to Aug. 16 at Welcome Rotonda without the required permits.
READ: Transport groups set protests vs modernization until September
In a resolution issued on Nov. 29, presiding Judge Lotis Rosario of the Quezon City Metropolitan Trial Court Branch 136 said there was not enough evidence to prove the activists conspired with each other to commit the crime they were being accused of.
According to the court, the prosecution needed to prove that all of the accused, acting as organizers of the rally, did not apply for a permit and that none was issued to any of them.
However, it noted that “there was no showing that the other accused were aware that there were no permits issued to or applied for by their coaccused for the protest rally.”
Article continues after this advertisementIt added that to determine probable cause, the police should have submitted evidence “indicating actual cooperation rather than mere cognizance or approval of an illegal act.”
Article continues after this advertisementThe provided evidence, which included photos of the activists during the protest rally, was not enough to “justify that conspiracy existed” since their “mere presence at the crime scene does not amount to conspiracy,” the court said.
It also pointed out that the Public Assembly Act does not penalize individuals for attending or speaking at protest rallies, only for organizing such events without a permit.
The rally was held by Piston and Manibela, which have been very vocal in opposing the PUVMP, which they fear would lead to the loss of their members’ livelihood. Around 1,500 individuals took part in the protest, based on police estimates.
