All the criminal charges against Pura Luka Vega are now dismissed.

MANILA — The court has ruled in favor of Amadeus Fernando Pagente, commonly known as drag queen Pura Luka Vega, dismissing three counts of violation of the Cybercrime Prevention Act of 2012 on Friday, September 19.

In a decision, Regional Trial Court Branch 306’s presiding judge Dolly Rose Bolante-Prado granted Pura Luka Vega’s motion to dismiss the charges based on the insufficiency of evidence by the prosecution.

“The prosecution thus failed to show the integrity and authenticity of the video to the satisfaction of the court,” the decision read. “In other words, what they (three private complainants) saw were merely reproductions, not the primary source.”

The evidence of the prosecution was excluded by the court for being inadmissible. The court cannot verify if the video — Pura Luka Vega’s performance — watched by the private complainants was owned by the accused. Prado added that the court was left without any competent evidence to prove the offenses under the Cybercrime Prevention Act.

The court also noted that the complainants do not have proper authority from their respective churches or religious organizations to file instant cases. The complainants are members of Philippine for Jesus Movement, Jesus is Lord Movement Church Worldwide, and Capitol City Four Square Church.

“The words used were ‘grossly offensive to the religion of’ which means that the offense was committed against the religion the private complainants profess and represent, and not against their personal religious beliefs,” the decision stated. 

The private complainants admitted that they do not have any board resolution, secretary’s certificate, or written authorization from the governing body of their churches, all registered by the Security and Exchange Commission (SEC). Hence, they are not qualified to file and represent their organizations in the instant cases.

“Merely feeling offended or insulted does not qualify one as an offended party,” Bolante-Prado said in its decision, stressing that the private complainants do not qualify as a private offended party. Rules 110 and 111 of the Revised Rules of Criminal Procedure state that a private offended party is the person who is directly injured by the commission of the crime. 

Rainbow Rights Philippines (Rrights), an organization advocating for the rights of LGBT community, expressed gratitude for the decision. “We would like to thank Judge Rolando-Prado for her expert and rights-based disposition of the cases filed in Quezon City. Pura and their legal team will await the finality of this decision,” said Ian Layugan, director for policy development and research of Rrights.

“At first, we thought that 11 cases and a total of P1.2 million will break our spirit and resolve. But we are quickly proven wrong by the coming together and collective action of those who supported Luka,” Layugan said.

Rrights also thanked the members of LGBT and drag communities who supported Pura Luka Vega, and their 30 lawyers, law students, paralegals, and volunteers from Leflegis Legal Services and Burkely and Aquino Law Office. Pura Luka Vega also works as the advocacy officer of their organization.

All the criminal charges against Pura Luka Vega are now dismissed. Last June, the Manila Regional Trial Court Branch 184 dismissed the charges against Pura Luka Vega for violation of Article 201 (immoral doctrines, obscene publications, exhibition, and indecent shows). (DAA)