Manila court clears 3 PUP students of vandalism

The case stems from the accusation that the three students ‘willfully and unlawfully jointly commit acts of vandalism on a structure built and owned by the City of Government of Manila’ in September 2024

MANILA, Philippines – A Manila court has cleared three students of the Polytechnic University of the Philippines (PUP) of vandalism in a case filed by Philippine National Police (PNP) personnel.

Manila Metropolitan Trial Court (MeTC) Branch 16 Presiding Judge Minerva Alejandria Bautista dismissed the case against Kaylven Mitra, Arjhei Gon Ryuki Garcia, and Charize Krizia Lopez in relation to alleged violation of Ordinance 8609 or Manila’s anti-vandalism rule.

“ACCORDINGLY, the case for Violation of Ordinance No. 8609 against accused Kaylven Palencia Mitra @Kayl Ven, Arjhei Gon Ryuki C. Garcia, and Charize Krizia R. Lopez @Charlize, are ordered dismissed for insufficiency of evidence,” the decision dated April 29, but was made public on Tuesday, May 27, read.

The court cleared the PUP students by granting their demurrer to evidence.

This motion is filed by the defense if they are confident that the prosecution’s evidence is weak enough that they don’t have to present their own during trial. It can be filed after the prosecution’s presentation, and has the effect of a motion for an outright dismissal of the case.

The case stemmed from the accusation that the three students “willfully and unlawfully jointly committed acts of vandalism on a structure built and owned by the City of Government of Manila” on September 19, 2024 — two days before the Martial Law commemoration. The three were accused of spraying and painting portions of the center island along España Boulevard in Manila.

Police Corporal Lemon Descalzo and Patrolman Guilbert Lacsamana, who served as prosecution’s witnesses in the case, said they passed by and caught the three allegedly committing vandalism at around 2:20 am of September 19.

In the decision, the court said the prosecution failed to prove beyond reasonable doubt that the students were the same people involved in the violation.

“From the testimony of both prosecution witnesses, the Court finds that the prosecution was unable to prove that accused Lopez was committing vandalism on a structure built and owned by the City of Government of Manila, by then and there spray painting and writing militantly motivated messages on or at some portions of center island along España Boulevard, Sampaloc,” the court said.

The court added: “Prosecution witness PCpl Descalzo testified clarificatory, and re-direct-examination that the accused were vandalizing in front of UST along España. However, during clarificatory questions by the Court on re-cross examination, he testified that he cannot recall what accused Mitra exactly wrote because there were many. He also could not recall what Arjhei wrote.”

Under the Manila ordinance, any person convicted of violating will pay a fine between P1,000 to P5,000, or imprisonment of between six months to one year, or both.

Another complaint

Apart from the vandalism case, Descalzo and Lacsamana also previously filed complaints against the three for alleged malicious mischief and disobedience to a person in authority.

“They (cops) immediately accosted them, but when they were about to arrest them, they ran in different directions. However, they were caught after a brief chase; hence, this complaint,” the resolution dated October 21, 2024 read.

In the 2024 resolution, Manila Assistant City Prosecutor Rommel Cancio indicted the students for vandalism, but dismissed the two other complaints.

“With respect to the charge for Malicious Mischief, the complaint should be dismissed because there is no proof that the complainants were authorized by the City Government of Manila to file a case against the respondents. On the case for Disobedience to a Person in Authority, the complaint should likewise be dismissed because mere running away from the police does not constitute resistance and serious disobedience,” the resolution said. – Rappler.com