Ex-Anakpawis solon, group not yet ‘off the hook’: DILG

In a news release, DILG Undersecretary and Spokesperson Jonathan Malaya said that despite the dismissal of the charge for violation of Section 9 (d) of Republic Act (RA) 11332, also known as the law on the mandatory reporting of notifiable diseases, Casilao and his companions will still be facing other charges from the Department of Justice (DOJ), “therefore they are still not off the hook”.

“It was clear that Casilao and his group committed criminal offenses when they conducted an unauthorized travel outside of Metro Manila and conducted a mass gathering during ECQ (enhanced community quarantine). One case against them may have been dismissed but it is certain that they have not been absolved from other criminal liabilities. Magpapatuloy po ang pagdinig sa iba pa nilang mga kaso (The proceedings on other charges against them will continue),” Malaya said.

"We respect the decision of the court, which clearly shows the independence of the judiciary, but they will still face the other charges filed by the DOJ,” he added.

Judge Julie Rita Suarez-Badillo of the Norzagaray Municipal Trial Court dismissed only the charge arising from RA 11332 of the ‘Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act saying the alleged facts do not constitute an offense.

“In dismissing the charge against the former Anakpawis Representative and his group, the judge stated that RA 11332 may not be the law violated at this point,” Malaya said.

Suarez-Badilla expressed through an order dated May 13 that "while such act [traveling outside the residence without the travel permit or quarantine pass] illustrates defiance for the open directive to observe the ECQ, such infraction does not fall under the prohibited acts of RA 11332".

Malaya explains that the dismissal is without prejudice to the prosecutor’s filing of another information in relation to non-cooperation.

He said the accused are still facing prosecution for the other charges on resistance and disobedience to a person in authority or the agents; attempted inciting to sedition; and in the case of Casilao, usurpation of authority filed by the DOJ.

“They are not completely off the hook sapagkat may iba pa silang mga kasong dapat lusutan (because they still have other charges to deal with) kaya it is absurd for them to claim exoneration,” he said.

Malaya said that Casilao and his group’s purpose for the unauthorized travel outside the National Capital Region was to conduct a mass gathering in the form of a teach-in or propaganda work against the government. Numerous tarpaulins, pamphlets, and propaganda materials were found inside their jeepney.

“Clearly, there was an ulterior motive in their clandestine operation last April as they have guised their propaganda work as a relief operation at mayroon silang nalabag na batas (and they have violated a law). Fortunately, pieces of evidence were confiscated and gathered, which will be presented by the DOJ to the court,” he said.

Meanwhile, Justice Secretary Menandro Guevarra said in an interview that the prosecutors of the case against Casilao and his group can still appeal the court dismissal of the non-cooperation case versus the accused saying that the prosecutors can file a motion for partial reconsideration.

The accused will be arraigned on June 24, 2020, said Guevarra.

The former Anakpawis representative and six other members were caught violating the enhanced community quarantine in Luzon last April when they broke the ‘stay at home policy,’ conducted an unauthorized journey outside of Metro Manila, and attempted to organize a mass gathering in Norzagaray, Bulacan in the guise of distributing relief goods. (PR)