QC prosecutor dismisses charges vs artist for effigy burning at SONA protest

MANILA, Philippines — A Quezon City prosecutor dismissed the charges against Maximo Santiago, a Bagong Alyansang Makabayan (Bayan) resident artist, for allegedly setting ablaze an effigy during President Ferdinand Marcos Jr.'s second State of the Nation Address (SONA).

Prosecutor Kathleen Aseron-Casimiro penned a resolution that led to the dropping of charges against Santiago. The decision was based on insufficient evidence to charge him with violations of the Ecological Waste Management Act and Clean Air Act.

“Wherefore, premises considered, it is respectfully recommended that the complaint for Violation of Section 48, paragraph 3 of Republic Act No. 9003 (Ecological Waste Management Act of 2000) and Violation of Republic Act No. 8749 (The Clean Air Act) filed against Respondents Max Santiago, also known as 'Maximo Santiago' and three john does, be Dismissed for insufficiency of evidence,” the resolution read.

On Aug. 4, 2023, two police officers from the Quezon City Police District (QCPD) filed complaints against Santiago, accusing him of of causing air pollution by burning Marcos’ “doble kara” effigy.

The complainants were assigned to the Anonas Police Station, which is 12 kilometers away from the protest on Commonwealth Avenue, and were not deployed in the area during the president’s SONA. 

The prosecutor questioned if the effigy is considered to be a “solid waste” which would qualify under the Ecological Waste Management Act.

“Other than Complainants' allegation that the burning of the effigy amounts to a violation of the above-cited provision, there is no competent proof such as a certification from a competent authority stating that the effigy falls under the definition of ‘solid waste’ within the purview of the provisions of Republic Act No. 9003. To stress, an allegation is not evidence and could not be made equivalent to proof. Simply stated, there is no evidence sufficient to engender a well-founded belief that Respondents violated Section 48 paragraph 3 of Republic Act No. 9003,” the resolution read.

Aseron-Casimiro did not consider the burning of the effigy as a violation of the Clean Air Act.

Bayan welcomed the QC prosecutor's decision, calling it as a move against police harassment, “aimed at silencing free speech" and "weaponizing an environmental law to intimidate critics and activists."

“Bayan deems the filing of the complaint as an act of police harassment aimed at silencing free speech. The police wanted to send a chilling effect by criminalizing dissent, including the use of protest art,” Bayan’s Secretary General Mong Palantino said in a statement.

They also called for the withdrawal of other complaints against the activists.

“We call on authorities to withdraw the remaining complaints filed by the police against activists who joined the SONA protest,” Palantino said.

The burning of the effigy occurred in the middle of the SONA protest by progressive groups hours before the “People’s SONA” also staged by groups in Quezon City.