For lack of merit: Court drops 1 of 3 cases vs “Cebu 8”

CEBU, Philippines —  One of the three criminal charges against the “Cebu 8,” who were arrested during a protest rally outside of the University of the Philippines (UP) Cebu in June, was dismissed by the Municipal Trial Court in Cities for lack of merit.

MTCC Branch 9 Presiding Judge Amy Rose A. Soler-Rellin ruled on August 19 to junk the criminal case for violation of Section 9(e) of Republic Act 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act in relation to Executive Order No. 79 against Jaime Paglinawan, Johanna Veloso, Al Ingking, Bern Cañedo, April Dyan Gumanao, Nar Porlas, Clement Corominas, and Janry Ubal for lack of basis.

According to the court, the alleged failure of the accused to follow the prohibition against mass gathering by staging a protest rally could not be considered a violation of the provisions of the said law.

Rellin, in her four-page decision, said that the prohibited acts under Section 9 (e) of RA 11342 are non-cooperation of the persons or entities identified as having the notifiable disease or non-cooperation of the person or entities affected by the health event of public concern.

Section 3 (j) of RA 11332 defined Notifiable  Disease as a “disease that, by legal requirement, must be reported to the public health authorities,” the court said adding per the Department of Health Administrative Order No. 2020-0012 dated March 17, 2020, the coronavirus disease was included in the list of notifiable diseases for mandatory reporting.

“However, there is no allegation or any evidence on record to even suggest that accused were identified as having COVID-19, whether a Person Under Monitoring (PUM), Patient Under Investigation (PUI), case of COVID-19 suspect, probable or confirmed case at the time of their arrest and the incident subject of this case,” the court decision reads.

The Court also said that there is no clear definition of the non-cooperation sought to be penalized under Sec. 9(e) of RA 11332, and no identification of the activities requiring cooperation the absence of which is ground for criminal liability.

 “While undeniably the COVID-19 pandemic is a global and local public health emergency, a sweeping generalization that the entire population is identified as being affected by such health event of public concern cannot simply be made,” the court said.

It added that in this case, there is neither allegation nor showing that such circumstances exist to warrant prosecution of the eight accused under the law.

 “Accused’s purported staging of a protest rally and non-compliance with the prohibition against mass gathering fail to constitute a violation of RA 11332,” the court ruled.

Rellin, however, ordered that the arraignment of the eight accused for the criminal case number M-CEB-20-02346-CR (violation of Section 13 (a) of BP Blg. 880) and criminal case number M-CEB-20-02348-CR (simple resistance and disobedience to an agent of a person in authority).

Lawyer King Anthony Perez, spokesperson of the National Union of People’s Lawyers-Cebu Chapter, said all accused pleaded not guilty to the crimes upon arraignment last Tuesday. Perez is confident that the eight accused will also be acquitted of the remaining charges.

The NUPL-Cebu Chapter, in a separate statement, welcomes the dismissal of one of the three charges. According to the group, the dismissal validates their client’s steadfast assertion that their freedom to assemble such as organizing protest actions shall not be curtailed in the time of a pandemic and shall not be seen as repugnant to RA 11332.

 “Amid the tide of unlawful arrests targeting activists and progressive leaders, RA 11332 cannot serve to prohibit our cherished fundamental rights and liberties. That this would guide law enforcement officers in executing the laws of the land without abusing their authority or office,” the statement reads.

NUPL-Cebu Chapter insists that accused Ubal and Corominas were merely bystanders while the rest of the accused did not violate any law but were merely exercising their constitutional rights to peaceful assembly and freedom of expression.

“They did not even abuse the exercise of their rights. As seen in the news footages, they wore face masks and observed physical distancing until the police dispersed them violently,” it said.

The accused attended the “Black Friday Protest” against the then Anti-Terrorism Bill outside the UP Cebu when the police arrested them. — FPL (FREEMAN)