Complaint vs Bayan artist for burning effigy at Sona protest dismissed

MANILA, Philippines — The Quezon City Prosecutor’s Office has dismissed the complaint filed against Bagong Alyansang Makabayan (Bayan) member and artist Maximo Santiago for burning an effigy during a protest at the second State of the Nation Address (Sona) of President Ferdinand “Bongbong” Marcos Jr.

In the resolution penned by Assistant City Prosecutor Kathleen Aseron-Casimiro, the complaint against Santiago and three other John Does was dismissed due to insufficiency of evidence.

“Wherefore, premises considered, it is respectfully recommended that the complaint for violation of Section 48, paragraph 3 of Republic Act No. 9003 (Ecological Waste Management Act of 2000) and Violation of Republic Act No. 8749 (The Clean Air Act) filed against Respondents Max Santiago, also known as ‘Maximo Santiago’ and three John Does, be dismissed for insufficiency of evidence,” it said.

According to the complainants Police Staff Sergeant Mario Sembrano and Police Corporal Paolo Navarro, Santiago violated environmental laws such as the Republic Act No. 9003, or the Ecological Waste Management Act of 2000, and Republic Act No. 8749, or The Clean Air Act.

However, Santiago said that they ensured the safety of the crowd before the burning, cleaned up after the burning, and disposed of the effigy properly.

The artist also said the effigy was also not considered “solid waste,” adding that he did not burn any hazardous waste. The burning of the effigy was also an “exercise of political speech,” he said.

Aseron-Casimiro wrote that there was no probable cause to charge Santiago and his companions as the complainants “did not appear to have personal knowledge of the act being complained of.”

The prosecutor added that “there is no evidence sufficient to engender a well-founded belief” that Santiago and the others violated the Republic Act No. 9003.

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