Law Summary
Definitions Relevant to Public Assemblies
- "Public assembly" includes rallies, demonstrations, marches, parades, processions, or mass actions held in public places to present lawful causes, express opinions, protest or influence political, economic, or social matters, or petition government.
- Religious processions and similar assemblies are subject to local ordinances but must honor the policy of free exercise.
- Does not include picketing or other labor dispute concerted actions as defined in the Labor Code and related laws.
- "Public place" includes roads, streets, parks, plazas and open spaces accessible to the public.
- "Maximum tolerance" refers to the highest restraint required of authorities during public assemblies.
- "Modification of permit" involves changes in place, time, route, or sound system use of assemblies.
Permit Requirements for Public Assemblies
- Written permits are required to hold public assemblies in public places except:
- Assemblies held in "freedom parks" established by law or ordinance.
- Assemblies held on private property with owner consent.
- Assemblies on public educational institution campuses subject to their rules.
- Political meetings during election campaigns under other laws are not covered.
Application Process for Permits
- Applications must be in writing, including organizers' names, purpose, date/time, location, expected participants, transport, and sound equipment.
- Applicants must acknowledge their responsibilities under Section 8.
- Applications filed with the city/municipal mayor’s office at least five working days in advance.
- Upon receipt, the application must be posted publicly at the mayor’s office.
Authority Action and Grounds to Deny or Modify Permit
- Mayors or authorized officials must grant permits unless there is clear and convincing evidence of a clear and present danger to public order, safety, morals, health, or convenience.
- Actions on the application must be done within two working days; failure results in automatic grant.
- Denials or modifications must be in writing and served within 24 hours.
- Applicants may contest denials or modifications in court with expedited procedures and no appeal bond.
- Courts must resolve cases within 24 hours, with appeals allowed up to the Supreme Court.
Use and Regulation of Public Thoroughfares
- Mayors may designate or reroute routes for assemblies to prevent grave public inconvenience and avoid serious disruption of commerce or trade.
Responsibilities of Assembly Leaders and Organizers
- Informed participants of their permit responsibilities.
- Policing to prevent disruption by non-demonstrators.
- Coordination with local officials and law enforcers.
- Ensuring adherence to permitted timeframes.
- Preventing molestation or interference with non-participants’ rights.
Role and Conduct of Law Enforcement
- Law enforcement shall not interfere with the holding of peaceful assemblies.
- A police contingent may be stationed at least 100 meters away for peacekeeping.
- Upon request, police must assist in protecting assembly participants, with guidelines:
- Uniformed officers with nameplates and identifiable units.
- No firearms; only batons, shields, helmets, gas masks, protective boots permitted.
- Use of tear gas, water cannons, etc., only under actual violence or serious threats.
Procedures for Dispersal of Assemblies with Permits
- Assemblies with permits should not be dispersed unless they become violent.
- If violence or threats to safety occur, police must warn leaders and participants before dispersal.
- Warnings must be audible and allow reasonable time before ordering dispersal.
- Arrests during the assembly only for violations occurring during the event.
- Isolated acts of disorder do not justify dispersing the entire assembly.
Dispersal of Assemblies Without Permits
- Public assemblies without required permits may be peacefully dispersed.
Prohibited Acts Under the Act
- Holding assemblies without securing required permits.
- Misuse of permits for unauthorized places.
- Arbitrary denial or modification of permits by officials.
- Refusal to accept or acknowledge permit application.
- Obstruction or disruption of peaceful assemblies.
- Unnecessary firearms discharge to disperse assemblies.
- Violation of police conduct rules during assembly.
- Carrying deadly/offensive weapons, bladed weapons, or firearms by law enforcement within 100 meters of assembly.
- Malicious burning and interference using vehicles or sound systems near assemblies.
Penalties for Violations
- Holding assembly without permit: imprisonment from one month and one day to six months.
- Arbitrary denial, modification, obstruction, unnecessary firearm use, and carrying firearms by authorities: imprisonment from six months and one day to six years.
- Carrying deadly/offensive weapons: imprisonment from six months and one day to six years with possible additional prosecution.
- Carrying bladed weapons, malicious burning, or interference with sound systems or vehicles: imprisonment of one day to thirty days.
Establishment of Freedom Parks
- Every city and municipality must designate or establish at least one "freedom park" within six months for assemblies without prior permits.
- Freedom parks should be centrally located.
- Special mandate for Metropolitan Manila cities to comply within six months.
Legal Provisions on Constitutionality and Effectivity
- If any provision is held unconstitutional, remaining provisions remain effective.
- Repeals or amends conflicting laws, ordinances, or orders.
- Effectivity upon approval ensures timely implementation of the Act.