HUMAN RIGHTS lawyers on Thursday filed an urgent motion before the Manila City Prosecutor’s Office seeking the dismissal of complaints and immediate release of individuals, including minors, arrested during the Sept. 21 protest actions.
In a joint filing, the National Union of Peoples’ Lawyers (NUPL), Public Interest Law Center (PILC), and Sentro para sa Tunay na Repormang Agraryo (SENTRA) argued that the respondents were apprehended without warrants and detained beyond the period allowed under Article 125 of the Revised Penal Code.
“As of the filing of the motion, those arrested have been in continuous police custody,” Atty. Julianne Agpalo of NUPL told BusinessWorld via Viber chat. “The majority only underwent inquest proceedings on Sept. 23, others just yesterday, and a few today. ALL must be released because that is beyond 36 hours.”
The lawyers added that the complaints — citing illegal assemblies, direct assault, resistance and disobedience, tumultuous disturbance, and the Public Assembly Act — fail to establish a prima facie case, meaning there is not enough evidence to proceed.
“Many of those arrested were peaceful participants or mere bystanders,” the lawyers said in a statement. They added that some were residents or passersby caught in the crackdown. They also alleged violations of the Juvenile Justice and Welfare Act (RA 9344), stressing that minors should not have been subjected to criminal complaints.
Manila City Mayor Francisco “Isko” M. Domagoso earlier vowed to pursue criminal and civil cases against those arrested, citing damage to public and private property during the protests. The Manila Police District reported that masked demonstrators hurled projectiles, burned debris, and clashed with law enforcers in Rizal Park, Ayala Bridge, and Mendiola.
Rights advocates, however, described the crackdown as marked by arbitrary arrests, violence, and continuing rights violations.
The Sept. 21 mobilizations drew thousands in Manila in what was described as the biggest protest so far against the alleged multi-billion-peso flood control scandal, coinciding with the 53rd anniversary of the Martial Law declaration. — Erika Mae P. Sinaking
