Prosecutor clears pro-Duterte organizer against assembly violation complaint

CEBU, Philippines — The Office of the City Prosecutor has dismissed the complaint for violation of Batas Pambansa Blg. 880 (Public Assembly Act) against the organizer of a pro-Duterte rally, Ernesto “Jun” Sereño Abines Jr., citing lack of probable cause and an invalid warrantless arrest.

In a Disposition on Inquest dated January 30, 2026, Assistant City Prosecutor Lei Maurae E. Babatuan ruled that the arrest of Abines following an alleged unauthorized motorcade rally on January 29, 2026, did not fall under any of the legal exceptions that allow warrantless arrests under Rule 113, Section 5 of the Revised Rules of Criminal Procedure.

Abines was arrested at around 10:15 a.m. and was charged following a police operation conducted by personnel of the Cebu City Police Office–Police Station 4.

During the inquest, Abines declined to execute a waiver of his rights under Article 125 of the Revised Penal Code and did not opt for a preliminary investigation, prompting the prosecutor to resolve the case based solely on the records submitted.

According to the police narrative, authorities monitored a reported unauthorized motorcade involving Duterte supporters on the morning of that day.

While responding to the situation, Patrolman Rob N. Lauron noticed two motorcycles parked in a no-parking area along J.L. Briones Street in Barangay Carreta, allegedly causing traffic obstruction. Citation tickets were issued for traffic violations, after which Abines reportedly confronted the officer and questioned the issuance of the tickets.

Police Station 4 personnel later identified Abines as the alleged leader or organizer of the motorcade. However, the prosecution found that such identification was based merely on information relayed by another police unit and not on the arresting officers’ personal knowledge or direct observation of a crime.

The resolution stressed that in flagrante delicto arrests require the crime to be committed in the presence of the arresting officers, while hot pursuit arrests require personal knowledge that a crime has just been committed.

In this case, the prosecutor noted that the arresting officers relied on reports and unverified information, which amounts to hearsay.

The prosecution further pointed out that even based on the account of Police Major Timothy Jim M. Ramonillas, who came across the group earlier at Fuente Rotunda, there was no clear picture that a public assembly or rally was actually conducted in his presence.

The group, accordingly, was merely denied entry to the area due to the absence of a permit and ongoing repairs, after which they were reported to be heading toward another location.

The resolution also clarified that traffic violations alone do not justify an arrest. Under Republic Act No. 4136, or the Land Transportation Code, such offenses only warrant the issuance of a traffic citation ticket and confiscation of the driver’s license.

“Considering that the facts and circumstances do not show the presence of a prima facie case with reasonable certainty of conviction, the complaint must be dismissed,” the resolution stated.

The dismissal was approved by Deputy City Prosecutor Maria Theresa Calibugan-Casiño.

Following the dismissal, Abines reflected on his personal Facebook post, saying that “justice is served.” — (FREEMAN)