In filing their complaint, opposition leaders led by former Vice President Teofisto Guingona Jr. said Ermita, PNP chief Director General Arturo Lomibao, Metro Manila police commander Director Vidal Querol and Manila Police District director Chief Superintendent Pedro Bulaong also violated Republic Act 3019, the Anti-Graft and Corrupt Practices Act; Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Revised Penal Code.
The complaint was signed by Guingona, party-list Representatives Satur Ocampo and Risa Hontiveros-Baraquel, Sr. Pilar Unggay, Fr. Rudy Abao and Sr. Willibrorda Laccay.
Guingona and the opposition leaders, who were bombarded with water cannons on Oct. 14 while leading a procession toward San Beda Church near Malacañang in Manila, said BP 880 mandates that police authorities must exercise maximum tolerance during any protest rally or in its dispersal.
"The 14 October 2005 gathering was in the nature of an assembly and Marian procession," they said in their complaint sheet.
"The event had been announced beforehand. The sanctity of the religious activity was maintained throughout the event, as no
one who joined carried any placards, banners or streamers; no one chanted political slogans and no one engaged in political speeches," the complaint read.
The opposition leaders said the law defines "maximum tolerance" as the highest degree of restraint that the military and police and other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same.
"The law also states that tear gas, smoke grenades and other similar anti-riot device shall not be used unless the public assembly is
attended by actual violence or serious threats of violence, or deliberate destruction of property," they said.
Law enforcers are required under the law to observe "the policy of maximum tolerance as herein defined" when dealing with demonstrators, they added.
Ermita disregarded "maximum tolerance in violation of BP 880, and instead implemented the CPR against anti-government demonstrators last Sept. 21," the opposition leaders added.
"Ever since respondent Ermita’s directive, the PNP through respondents Lomibao, Querol and Bulaong, have cracked down hard on public assemblies and have not hesitated to use violence not only to prevent people from gathering but also to disperse them," they said.
The opposition leaders said BP 880 provides for imprisonment of six months and one day to six years to police officers who are convicted of violating the "maximum tolerance" policy as defined in the law.
"The law also states that in the dispersal of a peaceful assembly without permit, the said assembly may be peacefully dispersed," they said.
The opposition leaders said Ermita violated the Anti-Graft and Corrupt Practices Act when he persuaded police officers to violate the Public Assembly Act by disregarding the "maximum tolerance" required under the law when dealing with demonstrators.
"In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter; or allowing himself to be persuaded, induced or influenced to commit such violation or offense," they said, quoting the Anti-Graft and Corrupt Practices Act.
Lomibao, Querol and Bulaong also allegedly committed graft when they allowed themselves to be persuaded, induced and influenced by Ermita to violate the "maximum tolerance" which the law requires police to exercise when facing demonstrators, they added.
The opposition leaders said Ermita, Lomibao, Querol and Bulaong also violated the norms of conduct for public officers and employees when they committed the acts and omissions described under the Anti-Graft and Corrupt Practices Act.
"Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill," they said, quoting the Code of Conduct for government officials and employees.
"They must act with justness and sincerity, and shall not discriminate against anyone, especially the poor and the underprivileged.
"They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest," they added.
The opposition leaders said since the Guingona-led assembly was a Marian procession, a Catholic religious rite, Ermita and his co-respondents violated Article 132 of the Revised Penal Code, which punishes any public officer who prevents or disturbs the ceremonies or manifestations of any religion.
Ermita and the police officials also acted against Article 133 of the Revised Penal Code, which punishes anyone who, during a religious ceremony, performs acts offensive to the feelings of the faithful, they added.