QC prosecutors asked to dismiss complaint vs. Bayan over burning of effigy

Bagong Alyansang Makabayan (Bayan) president Renato Reyes and Max Santiago on Friday asked prosecutors to dismiss the complaint against them over the burning of President Ferdinand Marcos Jr.’s effigy during a State of the Nation Address (SONA) protest in July.

Reyes and Santiago filed the 18-page joint counter-affidavit before the QC Office of the City Prosecutor. 

“The utter lack of merit in the case filed by the complainants demonstrates their desire to harass us and to misuse the time and resources of this Honorable Office in stark defiance of the purposes of preliminary investigation,” the counter-affidavit read.

“We, therefore, ask this Honorable Office to spare us the anxiety and expense of a public trial for contrived violations of B.P. 880,” it added.

This was over the complaint filed by the Quezon City Police District against Reyes; Santiago, the artist of the effigy; and three John Does for violation of Section 13, 3(g) of Batas Pambansa Blg. 880, also known as the Public Assembly Act of 1985.

In a message to GMA News Online, Reyes said the complaint has been submitted for resolution.

In their counter-affidavit, Reyes and Santiago argued that the complainants failed to identify them. Further, they said the complainants only provided photographs that did not show their faces or the burning of the effigy. 

“Contrary to the conclusion of the complainants, respondent Reyes was in another country on 24 July 2023—he was traveling to Brussels, Belgium,” it read.

“While it may be argued that the alleged supervision may be done even if respondent Reyes was in another country, the complainants alleged no predicate acts of oversight constituting supervision. Nevertheless, respondent Reyes could not have overseen the SONA,” it added.

Meanwhile, they said the complainants also failed to establish the date of the burning as well as the place where the burning of the effigy took place. 

They said that assuming a burning of an effigy took place, the complainants failed to prove that the burning was done so maliciously.

“It bears stressing that the mere burning of any particular thing, without any proof of malice, cannot be considered a violation of B.P. 880,” the counter-affidavit read.

“Assuming—without conceding—that the respondents burned the Doble Cara Effigy, such burning, in the context of a protest, should be considered as an expressive conduct tantamount to political speech protected by the freedom of speech and expression under the Constitution, which needless to say, is the highest law of the land.”

According to the counter-affidavit, the complainants “clearly targeted” the freedom of speech of Reyes and Santiago, saying the complaint aimed to hamper their exercise of free speech.

“Their reason—censorship—is not compelling but rather screams abuse by the state of its power—resulting in the disregard of our guaranteed freedom,” it said.

Meanwhile, Reyes and Santiago said they reserve their right to pursue other legal remedies, including a civil case for damages, against the complainants.

When sought for comment, QCPD chief Police Brigadier General Red Maranan cited the subjudice rule.

In a separate statement, Bayan said it would bring the case against the complainants before the UN Special Rapporteur on Freedom of Expression. — AOL/RSJ, GMA Integrated News