The charges filed by police against activist Jonila Castro for participating in a protest in September in front of a building owned by contractors Curlee and Sarah Discaya have been dismissed by Pasig City prosecutors.

The development was revealed by the National Union of People’s Lawyers (NUPL) late Friday night through a Facebook post by NUPL president Ephraim Cortez.

Cortez, however, expressed disagreement with the view that the absence of a permit—required under the Public Assembly Act—justifies the prevention of protests.

Citing the resolution issued by the Office of the City Prosecutor, Cortez said the police failed to identify who actually led the protest, during which the office of St. Gerrard Construction was reportedly pelted with mud and spray-painted with slogans.

The NUPL said, “Aside from naming Jonila as among those who participated in the protest action, the complainant failed to allege, and to provide proof, that Jonila was a leader of the protest action.”

Cortez added, “This is clear proof that Jonila was unjustly singled out by the police and that they concocted an obviously baseless complaint against her.”

He further claimed that the complaint was intended to silence Castro and send a message to those who dare to dissent.

Meanwhile, Castro—who serves as spokesperson for the environmental group Kalikasan—said in September that the protesters had gone to the Discaya building to express public outrage over alleged large-scale corruption in flood-control projects.

She said they only wanted to show the Discayas the genuine anger of the people who continue to endure floods and mud while, according to her, “they are swimming in money stolen from the people.”

On Friday night, Cortez emphasized that authorities should not use the Public Assembly Act to restrict the legitimate exercise of freedom of expression.

He noted that, given the “exalted place” of freedom of expression—including the right to peaceful assembly—in the hierarchy of rights, it may only be curtailed in cases of “clear and present danger.”

Cortez stressed that filing criminal charges against those who participate in a rally held without a permit, as in Castro’s case, constitutes an undue curtailment of constitutional rights.