MANILA - The Quezon City Prosecutor's Office has junked a case filed by two Quezon City police officers against the resident artist of Bagong Alyansang Makabayan (BAYAN) over the burning of an effigy of President Ferdinand Marcos Jr. during this year's State of the Nation Address (SONA).

Prosecutor Kathleen Aseron-Casimiro found insufficient evidence to charge Maximo Santiago with violation of Ecological Waste Management Act and Clean Air Act.

Two QC cops claimed that the burning of the Marcos "doble kara" effigy on July 24, 2023 "greatly contributed to air pollution."

But the prosecutor said there was no allegation in the complaint that the cops saw Santiago and 3 unidentified others burn the effigy.

The prosecutor noted that the two cops were assigned at Anonas Police Station while the burning of effigy took place along Commonwealth Ave.

No evidence were submitted they were deployed during SONA. It appears basis for complaint are photos lifted from Facebook and not personal knowledge.

Aseron-Casimiro also questioned whether an "effigy" falls under the definition of "solid waste" to be punishable under the Ecological Waste Management Act (RA 9003).

Neither did she consider the burning of the effigy as an act of incineration prohibited under the Clean Air Act (RA 8749).

BAYAN said it welcomes the dismissal of the raps versus Santiago, calling it "an act of police harassment aimed at silencing free speech" and "weaponizing an environmental law to intimidate critics and activists."

The group also called on authorities to withdraw other raps against Santiago.

Santiago is still facing another complaint for allegedly violating the Public Assembly Act of 1985 (BP 880) along with BAYAN President Renato Reyes, Jr., over the same act of burning an effigy.

Both insisted the act of burning an effigy is free speech.

• ‘Part of freedom of speech:’ Nato Reyes, BAYAN artist refute QC police’s burning of effigy complaint

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