No release order yet for LGBT protesters, MPD chief says

There is no release order yet for the rallyists from the LGBT community who held a protest action in Mendiola, Manila last Friday, the chief of the Manila Police District (MPD) said on Tuesday. 

Police Brigadier General Rolando Miranda told GMA News Online the protesters had been inquested over the weekend for alleged violations of Republic Act 11332 (Law on Reporting of Communicable Diseases) and Batas Pambansa 880 (Public Assembly Act). 

"Hanggang ngayon nandito pa rin sila eh. Wala pa silang release order," Miranda said in a phone interview. "Hindi pa yata sila nakakapiyansa."

Minnie Lopez, lawyer for the "Pride 20," confirmed the protesters are still detained. The lawyer said they are expecting the inquest prosecutor to release a resolution on Tuesday.

For persons arrested without a warrant, inquest proceedings are where prosecutors decide whether those arrested should be released or kept in custody and charged in court.

Lopez said they will question the legality of the protesters' arrest and detention in a countercharge they plan to file this week.

MPD General Assignment and Investigation Section chief Police Captain Arnold Echalar said in a separate message that the protesters were also inquested for alleged violation of Article 151 of the Revised Penal Code.

Of the 20 protesters arrested last week, Miranda said three of them have been released because they are minors. 

"'Yung tatlong minor, cinase file na lang namin kasi minor. Pina-release na lang namin in cognizance sa mga parents nila pero finile pa rin namin," Miranda said. 

Echalar explained that the supposed violations of the minors were just recorded in the report: "Binigyan naman ng consideration at pinagsabihan ang mga magulang regarding sa incident."

Miranda, meanwhile, noted that the protesters were not placed in detention cells but only at the offices of the General Assignments and Criminal Investigation and Detection Unit.

"For humanitarian consideration, hindi ko sila inilagay sa kulungan. Nasa opisina lang sila dito, sa General Assignments Section at CIDU," Miranda said. 

He also mentioned that the protesters had undergone rapid testing for COVID-19. 

The MPD chief strongly warned the public that holding protest actions in this time of COVID-19 pandemic is prohibited. He said groups could hold mass actions once the health crisis is over provided they secure a permit from the local government unit. 

"Basta't hanggang ngayon, ang policy namin sa kanila, hangga't may pandemic, huwag silang mag-attempt na mag-rally dito at bawal kasi. I want to send them a message, 'yung mga militanteng grupo, hangga't may pandemic, huwag silang mag-attempt na mag-rally kasi ipapaaresto ko sila," Miranda explained. 

"Kung gagawin nila 'yun sa mga campuses, wala tayong problema doon. Pero kung nasa kalye at magdadamay sila ng ibang tao, 'yun ang iniiwasan natin. Pangalawa, kung pagkatapos nito ay gusto nila magngangawngaw sa kalsada, may issue sila. Well, we will allow them but before that they have to secure a permit. Kaya lang not now," he added.

The rallyists last Friday said they observed social distancing and did not violate any rules.

Metro Manila Pride condemned the arrest and argued that the mass action was orderly but they were unjustly arrested by police.

The Human Rights Watch called on authorities to immediately release the LGBT protesters "and reaffirm their fundamental right to peaceful protest under domestic and international law." — with Nicole-Anne C. Lagrimas/KG/RSJ, GMA News