By Atty. Ephraim B. Cortez / President, National Union of Peoples’ Lawyers
They were arrested for vandalism. However, the penalty for vandalism under Quezon City Ordinance No. SP 3163, series of 2022, is only a fine. It does not impose the penalty of imprisonment.
Further, the City Government of Quezon City enacted an Ordinance (SP No. 27-52, Series of 2018) establishing a uniform system for the issuance of “Ordinance Violations Receipt” (OVR), applicable to ordinance violations. This Ordinance prescribes that ordinance violators will be issued a violation ticket, instead of being arrested. They will only be prosecuted if they fail to pay the fine.
In Ridon vs. People, the Supreme Court ruled that violation of ordinances and regulations is “insufficient to trigger a valid warrantless search and seizure, especially when the penalty does not involve imprisonment.”
An attempt to flee after being accosted for ordinance violation is not indicative of guilt, and may not be used as a basis for a warrantless search and arrest. According to the Supreme Court, it cannot be discounted that “the accused simply did not want to be apprehended x x x.”
As a consequence, the paints and brushes and other art materials found in possession of some of the arrested rallyists were illegally seized, and are deemed “fruits of the poisonous tree,” and cannot be used as evidence in Court. #