QuestionsQuestions (BATAS PAMBANSA BLG. 880)
The Act declares that the constitutional right of the people peaceably to assemble and petition the government for redress of grievances is essential to the strength and stability of the State, and the State must ensure its free exercise without prejudice to others’ rights to life, liberty, and equal protection.
It includes any rally, demonstration, march, parade, procession, or other form of mass/concerted action in a public place for presenting a lawful cause, expressing an opinion to the general public, protesting or influencing state affairs (political/economic/social), or petitioning for redress of grievances.
No. The definition of public assembly excludes picketing and other concerted action in strike areas resulting from a labor dispute as defined by the Labor Code, its IRR, and BP Blg. 227.
It includes any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where people are allowed access.
A written permit is required for any person or persons to organize and hold a public assembly in a public place.
No permit is required if the assembly is held in a freedom park duly established by law or ordinance, or in private property with the owner/possessor’s consent, or in the campus of a government-owned and operated educational institution subject to its rules. Political rallies during election campaign periods are also not covered.
It must include: names of leaders/organizers; purpose; date, time, duration; place/streets; probable number of participants; transport; and the public address systems to be used; and it must incorporate the applicant’s duty/responsibility under Section 8.
At least five (5) working days before the scheduled assembly, filed with the office of the mayor of the city or municipality where the activity is to be held.
If the mayor (or official acting for him) fails to act within two (2) working days from filing, the permit is deemed granted.
Only upon clear and convincing evidence that the assembly will create a clear and present danger to public order, public safety, public convenience, public morals, or public health.
The mayor must immediately inform the applicant, and the applicant must be heard on the matter.
If denied or modified, the applicant may contest in an appropriate court. If filed before specified trial courts, appeals may be made within 48 hours after receipt; no appeal bond or record on appeal is required; decisions granting/modifying permits in terms satisfactory to the applicant are immediately executory.
A law enforcement contingent may be detailed and stationed in a place at least 100 meters away from the area of activity, to maintain peace and order at all times.
Police must not carry any kind of firearms but may be equipped with baton/riot sticks, shields, crash helmets with visor, gas masks, boots with shin guards. Tear gas, smoke grenades, water cannons, or similar anti-riot devices cannot be used unless the assembly is attended by actual violence or serious threats of violence or deliberate destruction of property.
It is the highest degree of restraint that the military, police, and other peace-keeping authorities shall observe during a public assembly or dispersal.
Generally, no. A permitted assembly shall not be dispersed; however, police may disperse if it becomes violent, following the required warning/steps (attention to leaders at first sign, audible warnings, reasonable time to lapse, then order to disperse after disturbances persist).
No arrest of any leader, organizer, or participant shall be made during the public assembly unless he violates a law/statute/ordinance or any provision of the Act during the assembly; arrests are governed by Article 125 of the Revised Penal Code, as amended.
Examples include holding an assembly without the required permit or using the permit for purposes other than those specified; arbitrary unjustified denial/modification; unjustified refusal to accept/acknowledge an application; obstructing/disrupting peaceful exercise; unnecessary firing of firearms; acts violating Section 10; and specific dangerous acts within 100 meters of the assembly area or on the occasion thereof (e.g., carrying deadly/offensive or bladed weapons, malicious burning in streets, firearms by law enforcement, interfering with the assembly using motor vehicles/horns/loud sound systems).