Court orders release of ‘Cebu 8’

CEBU, Philippines —  The court yesterday ordered the release of the so-called “Cebu 8,” the eight persons arrested during the Black Friday protest against the Anti-Terrorism Bill at the University of the Philippines Cebu.

The release order was issued by Cebu City Municipal Trial Court in Cities Branch 4 Judge Jenelyn Villaceran Forrosuelo on Monday afternoon, June 8, three days after they were detained.

The Cebu City Prosecutor Office’s formally filed yesterday the information to the court against the eight detainees, namely: Jaime Paglinawan of BAYAN Central Visayas, Joahanna Veloso of National Union of Students of the Philippines and Sangguniang Kabataan, UP Diliman alumnus Al Ingking, Bern Cañedo of YANAT Cebu and UP Cebu University Student Council, Dyan Gumanao of Kabataan Partylist, Nar Porlas of Anakbayan Cebu, Janry Ubal of Food Not Bombs Cebu, and the bystander Clement Corominas.

They were charged with violations of Section 13 of the Public Assembly Act of 1985 (B.P. 880); Section 9 (e) of the Law on Reporting of Communicable Diseases (R.A. No. 11332), and simple resistance and disobedience to an agent of a person in authority under Article 151 paragraph 2 of the Revised Penal Code, cases that fall under the Rule on Summary Procedure.

“Unless there exists some lawful cause/s that would warrant their continued detention, accused’s…immediate release is hereby ordered,” the order read.

The defense is, however, given 10 days to comment on the charges. No bail amount was required by the judge based on the release order.

The National Union of Peoples’ Lawyers (NUPL) Cebu welcomed the release order, saying:

“On behalf of Cebu 8, we would like to express our sincerest gratitude to various organizations and individuals who have supported the calls for their immediate release such as the widespread condemnation of their arrest, overwhelming efforts to raise of a bail fund, and the free services provided by lawyers and paralegals.

“A further announcement will be made by the primary organizations involved in the donation drive in dealing with the funds raised for the bail of Cebu 8.”

NUPL said that arresting the Cebu 8 only bolsters the calls of the supposedly peaceful protest action where they were apprehended -- to junk the Anti-Terrorism Bill in its totality.

“Impelled by the current administration’s flagrant disregard for our freedoms of speech, expression, assembly, and association, this legislation creates a legal justification for the commission of human rights violations,” the group said.

“We in NUPL Cebu, together with its law student arm, strongly oppose the passage of the Anti-Terrorism Bill which when signed into law, will only legitimize the unnecessary culture of impunity and terror in a democratic nation. We shall continue to uphold the Constitution by refusing to stay silent and by remaining steadfast in protesting against the Anti-Terrorism Bill and any state action that attempts to curtail our cherished freedoms,” it added.

PRO-7: Arrest valid

But Police Regional Office-7 Director Brigadier General Albert Ignatius Ferro defended the arrest saying it was actually the protesters who violated the Soto-Enrile Accord when they jumped over the fences into the campus and the guard closed the gates.

“Actually ang unang naglabag ng UP issue ay the protesters. They got off the fence. Kami, gitabangan namo ang security guard kay gi-close man sa security guard ang gate,” Ferro said.

The accord, signed way back in 1989, is a tripartite agreement between UP, the Department of National Defense (DND), and the Department of Interior and Local Government (DILG) which bars military forces from entering university premises.

Ferro questioned why the protesters were allowed inside the school when there are no ongoing classes.

“Secondly, ngano mang mag-open ang UP nga wala man klase? No classes di ba because of the GCQ (general community quarantine)?” he added.

Ferro already mentioned earlier that the arrest was not an issue of opposition to the Anti-Terror Bill but rather an issue of the violation against the GCQ protocols that prohibit mass gathering.

In the aftermath of the arrest, UP Cebu released a statement Sunday, calling for the immediate release of the seven activists and the passerby. The school reiterated that the constitutional right to assemble remains unthwarted even amid the pandemic.

“The right to peaceful assembly is not proscribed even under the current national emergency,” the statement read.

“As a democratic country in precarious conditions, we cannot tolerate intimidation or the unnecessary show and use of force in any form, especially when carried by agents of the state imbued with constitutional duties to protect the public,” it read further.  JMD (FREEMAN)