NAGA CITY, Cebu, Philippines – Three activists who carried out a peaceful protest to call attention to the threats posed by coal ash to the health of residents and the environment in this city were acquitted Friday, following a decision of the Naga Municipal Trial Court (MTC).

Greenpeace activists Norineal Tolibas, Christine Garnace and private citizen Amalie Obusan in a four-page decision issued by Naga MTC were found not guilty because the complainant failed to prove that there was indeed a trespassing incident.

Part of the decision reads that the prosecution’s evidence failed to prove beyond reasonable doubt the crime charged because the information does not allege that the Balili Beach Property is a closed premises of a fenced estate, neither does it is allege that the place is a dwelling.

The incident took place on Dec. 1, 2009 at about 9:15 a.m. at Balili Beach Resort in barangay Tinaan, a public property managed by Cebu Province.

“Activism is not a crime. And we are very glad that the judiciary recognizes this. But we repeat our call to the provincial government to get its act together. Coal ash – a toxic by-product of the coal-firing process from the power plant – was dumped in an area posing a threat to the health and livelihoods of the Barangay Tinaan community. The risks have also increased as more coal ash continues to be produced by the coal plant and threatens other areas in Cebu, and there are still no clear plans for proper disposal.” said Mark Dia, Country Representative of Greenpeace Southeast Asia.