Question & AnswerQ&A (BATAS PAMBANSA BLG. 880)
The official title is "The Public Assembly Act of 1985."
It protects the constitutional right of the people peaceably to assemble and petition the government for redress of grievances.
A public assembly means any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for expressing opinions, protesting, or petitioning the government for redress of grievances, excluding picketing and concerted actions in strike areas.
Public places include any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and any open space of public ownership accessible to the public.
A written permit is required for organizing and holding a public assembly in a public place, except if done in a freedom park, private property with owner consent, or on a government educational institution campus subject to its rules.
The application must be in writing including names of organizers, purpose, date, time, duration, location, probable number of participants, transportation, and sound systems; it must be filed at least five working days before the event and include the applicant's duties and responsibilities.
They shall act within two working days from the filing date; failing which, the permit shall be deemed granted.
If there is clear and convincing evidence that the assembly will create a clear and present danger to public order, safety, convenience, morals, or health, and the applicant is heard before such denial or modification.
Maximum tolerance means the highest degree of restraint that the military, police, and other authorities must observe during a public assembly or its dispersal.
No, members dealing with demonstrators shall not carry firearms but may be equipped with batons, shields, helmets, gas masks, and protective footwear.
Only if actual violence or serious threats of violence or deliberate destruction of property occur during the assembly.
Generally, no. However, if it becomes violent, the police may disperse it following warnings and procedures described in the Act.
Yes, but only if a person violates a law, ordinance, or any provision of the Act during the assembly, and arrests must comply with Article 125 of the Revised Penal Code.
Holding assemblies without required permits, arbitrary denial/modification/refusal of permits, obstructing peaceful assemblies, unnecessary firearm use in dispersal, carrying deadly weapons near assemblies, malicious burning, and disturbances within 100 meters of assemblies.
Penalties range from imprisonment of one month and one day to six years depending on the violation, with specific penalties identified for various prohibited acts as outlined in Section 14.
A freedom park is a publicly designated place in every city and municipality where demonstrations and meetings can be held at any time without prior permits.
No, political meetings or rallies during election campaigns as provided by law are not covered by this Act.
They must take reasonable measures to ensure peaceful conduct, inform participants of responsibilities, police the ranks to prevent disruption, coordinate with local officials, ensure assembly does not exceed permitted time, and prevent molestation of others.
The applicant may contest the decision in the appropriate court of law, with expedited procedures and possible appeals up to the Supreme Court.