SURIGAO CITY, Philippines — Local activists and civil society groups here are protesting the illegal assembly case slapped against hundreds of anti-pork barrel protesters, saying the charge was politically motivated.
In filing the case on October 2, the local police accused the September 21 protesters of violating City Ordinance 245, which has designated areas where rallies could be held. Police said the protesters, composed of local civil society and progressive groups, held their rally on a major road near the public market, instead of the designated place on a public park nearby.
Named as respondents were City Councilors Baltazar Abian and Jose Begil, Bayan Muna coordinator Edgar Canda and scores of John and Jane Does.
Powerful hands have been behind the case, said Councilors Abian and Begil, both known critics of Mayor Ernesto T. Matugas.
They noted that their martial law anniversary protest centered on the pork barrel controversy, in which the mayor’s brother, Surigao del Norte Rep. Francisco T. Matugas (1st district), was a central figure in the province.
Abian and Begil also said Mayor Matugas failed to respond to their request for a permit to use the city’s public park as a venue for the protest—forcing them to hold it on the streets instead.
The respondents said the protest, which featured the burning of an effigy of a pig symbolizing the pork barrel system, must have ruffled the feathers of the Matugases.
Protesters also signed a petition asking the Ombudsman to act on the complaint for plunder against Representative Matugas, as well as the pending graft cases against the congressman’s wife, Governor Sol Matugas, and Mayor Matugas.
They then chanted “Kawatan sa Kongresso, ipapreso!” (Jail the thieves in Congress).
Abian and Begil’s colleague, Councilor Fernando Almeda III, came to their defense, describing the illegal assembly case “an assault on democratic rights.”
“What makes it more despicable is that threat or curtailment comes from the very same officials who are supposed to assure our people that these rights may and can be exercised,” Almeda said in a privilege speech.
“Whoever is the genius behind this abhorrent idea should be instructed that the felony of Illegal Assembly penalized under Article 146 of the Revised Penal Code can be committed in two ways. First, when the meeting is attended by armed persons for the purpose of committing crimes and second, when the audience whether armed or not, is incited to the commission of the crimes of treason, rebellion, insurrection, sedition or direct assault,” he pointed out.
Almeda stressed that none of these conditions was present during the peaceful assembly of citizens to call for an end to the pork barrel system.
He warned the police could face administrative charges before the Ombudsman.
The Matugas brothers did not reply when asked to comment on this story.
The elder Matugas is facing a plunder case based on the Commission on Audit (COA) report that said he had earmarked some P64 million of his PDAF as intelligence funds for local government officials.
Recently, Matugas was in the news for the alleged irregular use of his PDAF after a COA report showed that he endorsed close to P19 million of public funds to questionable non-government organizations (NGOs).
While acknowledging that part of his PDAF went to dubious NGOs and that some of the funds have yet to be liquidated, Matugas has insisted that the projects were above board.