During the black Friday protest, the respondents stood in front of the DPWH, with no visible physical damage, holding a tarpaulin that read “Prosecute the corrupt bureaucrat-capitalists, not the protesters.”

CEBU CITY — Community leaders who protested in front of the Department of Public Works and Highways (DPWH) Region VII office in Cebu City received a subpoena for throwing rotten tomatoes. 

Exactly two weeks after the protest action, the court issued a subpoena dated Sept. 29. This was due to a case filed by Philippine National Police Cebu City Police Office (CCPO) Station III against the protesters for allegedly violating the Batasang Pambansa (BP) 880. 

Last Friday, Oct. 17, the community leaders, supported by Bagong Alyansa Makabayan (Bayan) Central Visayas, organized a Black Friday Protest. They marched from Plaza Independencia to the DPWH office. They questioned the weaponization of this law against those who stage protest actions.

Subpoena for rotten tomatoes thrown

Police Captain Jade A. Basingao of the PNP CCPO filed the affidavit enlisting Jaime S. Paglinawan Sr., chairperson of AMA Sugbu Kilusang Mayo Uno and Bayan Central Visayas, Belinda “Bebe” Allere, urban poor and women’s leader, John Ruiz of Bayan Muna, Howell Villacrusis, Victor Sumampong, leader of Partido Lakas ng Masa Cebu, and Jian Rick Pelayo from Kabataan Partylist (KPL) Cebu Normal University chapter. They were among the protesters during the Sept. 5 protest at the DPWH Region VII office against flood control project funds corruption.

According to the subpoena, the respondents violated the Section 13(A) of BP 880, specifically holding a public assembly without a written permit from the office concerned.

Some news and video clippings published by local media outfit SunStar Cebu reporting the protest action showed the respondents in the forefront of the rally have been cited in the subpoena. The subpoena stated that the respondents “violently, tumultuously, and disorderly” threw tomatoes at the DPWH logo displayed on the fence. 

According to the subpoena, the thrown rotten tomatoes caused damage to the DPWH, a government property. 

During the black Friday protest, the respondents stood in front of the DPWH, with no visible physical damage, holding a tarpaulin that read “Prosecute the corrupt bureaucrat-capitalists, not the protesters.”

Marcosian law still in effect 

The protest condemned the use of BP 880 to restrict freedom of assembly. Under the law, organizers must secure a permit before holding a protest.

For John Ruiz, one of the respondents, BP 880 is weaponized to suppress dissent. Also, a report by Aninaw Productions also quoted Ruiz stating that the law is a “a remnant of the Marcos dictatorship meant to silence those demanding accountability.”

Belinda Allere said “it’s unfair to the Filipino people to have a system that’s built to exploit.” In an interview with Bulatlat, Allere recalled that “Zaldy Co, when the controversy of the flood control project funds erupted, flew to America because of a low blood pressure.” 

For Allere, the poor would hardly blink or “breathe before they are rushed to the hospital and then it’s just confirmation that [they are] dead [upon arriving at the hospital].”

“We also want to eat decent and nutritious food,” she said. “It just hurts that after the end of the day working hard, all we get are noodles and dried fish. Meanwhile the children of these contractors are spending P100,000 ($1721) just for one meal.”
“By protesting, we’re not doing something wrong and we’re not fighting for something that’s untrue,” Allere told Bulatlat. “The misuse and corruption of flood control funds is real.” (AMU, DAA)