Activists keep in mind the ‘Cebu 8’ arrests with a protest and banner show at College of the Philippines Cebu campus
CEBU, Philippines – Progressive teams hanged a banner and staged a protest to commemorate the arrest of eight individuals, principally activists, on the College of the Philippines Cebu (UPC) who opposed the passage of the then anti-terror invoice, now the Anti-Terrorism Act (ATA) of 2020, 4 years in the past.
The banner was displayed on the oblation of UPC, and varied organizations attended the occasion, together with Karapatan Central Visayas, Bayan Central Visayas, and the UPC College Pupil Council, on Wednesday, June 5.
The eight, who had been arrested throughout a peaceable protest on the most important gate of UP Cebu on June 5, 2020, have been known as the “Cebu 8.”
Among the many arrested people, seven had been members of native progressive teams, whereas the opposite was a bystander who didn’t take part within the rally.
“Nakigduyog ang mga organizations para hinumdoman ang upat ka tuig nga kawalay hustisya gihapon ug ka walay resulta sa gipasaka nga tumotumong kaso,” stated Dyan Gumanao, a kind of arrested.
(Completely different organizations joined collectively to commemorate the 4 years of continued lack of justice and the unresolved trumped-up costs.)
The arrest of the Cebu 8 occurred three months after the declaration of the COVID-19 pandemic.
After their arrest, the police accused them of violating Batas Pambansa 880 by conducting a rally and not using a allow and Article 151 of the Revised Penal Code by breaking quarantine protocols set by the native authorities.
They had been additionally accused of violating Part 9(e) of the Necessary Reporting of Notifiable Illnesses and Well being Occasions of Public Well being Concern Act (RA 11332).
Presently, one of many three instances, the alleged violation of the legislation on Reporting Communicable Illnesses stipulated in RA 11332, was dismissed by the Municipal Trial Court docket Department 9.
The court docket acknowledged that the legislation solely applies to individuals affected by communicable ailments. The case was dismissed as a result of there was no proof or suspicion that the eight arrested people had been contaminated with the coronavirus.
Gumanao recalled that the protesters had been abiding by the well being protocols, guaranteeing bodily distance and carrying face shields and face masks. Regardless of this, they had been nonetheless arrested.
The arresting officers, together with members of the native Particular Weapons and Ways (SWAT), entered the premises of UPC, violating the 1989 UP-DND Accord, which was not but abrogated at the moment, and the 1992 UP-DILG Accord.
These accords prohibit the doorway of police and army forces into the college until they’re invited or licensed by college officers.
One of many attorneys who dealt with the case of the Cebu 8, Kristian Jacob Lora, stated UPC Chancellor Liza Corro has acknowledged that there was no coordination on the arrest nor a request from UP to the police for crowd management or to disperse protesters.
The Nationwide Union of Peoples’ Legal professionals (NUPL) Cebu has been serving to the Cebu 8, and attorneys from the group are nonetheless engaged on the 2 remaining instances, that are the violations of Article 151 of the Revised Penal Code and Republic Act 11332.
Lora instructed Rappler that they filed a demurrer to proof movement over the last week of Might to answer the pending costs.
In accordance with Lora, a demurrer to proof is akin to a movement to dismiss on the grounds of insufficiency of the prosecution’s proof to determine a prima facie case or to instill conviction of the act.
“We anchored our demurrer to proof mainly on the bottom that the weather of those crimes had been missing. Wala siya na-establish sa prosecution by any competent proof (It was not established by the prosecution with any competent proof),” Lora stated.
Lora asserted that the principle problem is just not whether or not or not the Cebu 8 is responsible of staging the protest, however quite a constitutional problem.
He stated that if the Cebu 8 is convicted of the remaining instances within the decrease court docket, then they might elevate the case to the Supreme Court docket.
Lora identified that there are nonetheless no precedent instances on the problem of an absolute ban on the constitutional proper to peaceably assemble in instances of well being emergency.
“Completely, the prohibitions of mass gathering can’t and shouldn’t embody our constitutional proper to peaceably assemble,” Lora stated. – Ian Peter Guanzon/Rappler.com
Ian Peter Guanzon is presently doing his internship with Rappler.
