By Jennifer P. Rendon
The court dismissed the criminal charge against 42 activists, including a human rights lawyer, for staging a Labor Day protest action more than two years ago.
In a 25-page decision penned by Judge Radney Reginaldo Garcia of the Municipal Trial Court in Cities (MCTC) Branch 7 in Iloilo City, the 42 respondents were “acquitted of simple disobedience under Article 151 of the Revised Penal Code, as amended by Section 16 of Republic Act No. 10951 for failure of the prosecution to prove their guilt beyond reasonable doubt.”
One of the accused is Atty. Angelo Karlo Guillen of the National Union of Peoples’ Lawyers (NUPL).
The group staged the rally in celebration of International Labor Day.
Specifically, they were protesting the killing of Jose Reynaldo Porquia, more known as Jory Porquia, the government’s emergency subsidy program, and the budget of the health department.
Porquia, former Bayan Muna – Iloilo City coordinator, was killed in an early morning gun attack on April 30, 2020.
The victim was at his coffee shop in Barangay Sto. Niño Norte around 5 a.m. when four men arrived and shot him. He died from nine gunshot wounds.
Aside from simple disobedience, the 45 activists were also charged for violating an executive order relative to the health protocols being enforced since the incident happened at the time when the city was placed under enhanced community quarantine (ECQ) because of COVID-19.
While the police were able to present videos during the arrest, the court contended that there was no resistance from the 42 respondents.
It further asserted that while the police were reciting the Miranda Rights, most of them were already in their respective vehicles.
The court added that the 42 accused could not be convicted for simple disobedience because they violated the health protocols.
Apparently, the executive order did not impose any penalty for health protocols breach.
Prior to their arrest, the Iloilo City Police Office (ICPO) reminded the public about Executive Order No. 048, Series of 2020.
The order amended Executive Order No.038, which suspended all major public gatherings in Iloilo City due to COVID-19 until further notice.
Meanwhile, Major Shella Mae Sangrines, ICPO spokesperson, said that police personnel acted in good faith when the arrest was made.
Nonetheless, “we always have a regard to the court. We will respect and adhere to its decision,” she said.
