Policy and constitutional basis
- The Act declares that the constitutional right of the people peaceably to assemble and petition the government for redress of grievances is essential and vital to the strength and stability of the State under Section 2.
- The State must ensure the free exercise of the right without prejudice to the rights of others to life, liberty and equal protection of the law under Section 2.
Key definitions and terms
- “Public assembly” means any rally, demonstration, march, parade, procession, or any other form of mass or concerted action held in a public place to present a lawful cause, express an opinion to the general public on any particular issue, protest or influence any state of affairs (political, economic or social), or petition the government for redress of grievances under Section 3(a).
- Religious-purpose processions, rallies, parades, demonstrations, public meetings, and assemblages are governed by local ordinances, while the policy in Section 2 must be faithfully observed under Section 3(a).
- “Public assembly” excludes picketing and other concerted action in strike areas by workers and employees resulting from a labor dispute as defined by the Labor Code, its implementing rules and regulations, and Batas Pambansa Bilang 227 under Section 3(a).
- “Public place” includes highways, boulevards, avenues, roads, streets, bridges, thoroughfares, parks, plazas, squares, and any open space of public ownership where the people are allowed access under Section 3(b).
- “Maximum tolerance” means the highest degree of restraint that the military, police, and other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same under Section 3(c).
- “Modification of permit” includes change of the place and time of the public assembly, rerouting of the parade or street march, the volume of loud-speakers or sound system, and similar changes under Section 3(d).
Coverage: permits, places, and exclusions
- A written permit is required for any person or persons to organize and hold a public assembly in a public place under Section 4.
- No permit is required when the assembly is held in a freedom park duly established by law or ordinance under Section 4, or in private property where only the consent of the owner or one entitled to legal possession is required under Section 4.
- No permit is required when held in the campus of a government-owned and operated educational institution, which is subject to the rules and regulations of the educational institution under Section 4.
- Political meetings or rallies during an election campaign period as provided for by law are not covered by the Act under Section 4.
Permit applications: required contents and filing
- Applications must be in writing and must include:
- names of the leaders or organizers,
- the purpose of the public assembly,
- the date, time and duration,
- the place or streets to be used,
- probable number of participants,
- transport arrangements,
- and the public address systems to be used under Section 5(a).
- Applications must incorporate the duty and responsibility of the applicant under Section 8 under Section 5(b).
- Applications must be filed with the office of the mayor of the city or municipality where the activity will be held at least five (5) working days before the scheduled public assembly under Section 5(c).
- Upon receipt of an acknowledged application in writing, the mayor’s office must immediately cause posting at a conspicuous place in the city or municipal building under Section 5(d).
Mayor action, deemed grants, and court review
- The mayor or any official acting in his behalf must issue or grant a permit unless there is 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 under Section 6(a).
- The mayor must act on the application within two (2) working days from filing; if the mayor fails to act, the permit is deemed granted under Section 6(b).
- If the mayor refuses to accept the application for any reason, the applicant must post the application on the premises of the mayor’s office, and it is deemed to have been filed under Section 6(b).
- If the mayor views there is imminent and grave danger of a substantive evil warranting denial or modification, the mayor must immediately inform the applicant, who must be heard under Section 6(c).
- The action on the permit must be in writing and served on the applicant within twenty-four (24) hours under Section 6(d).
- If the mayor denies the application or modifies permit terms, the applicant may contest the decision in an appropriate court of law under Section 6(e).
- When suit is brought before the Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, Regional Trial Court, or Intermediate Appellate Court, decisions may be appealed to the appropriate court within forty-eight (48) hours after receipt; no appeal bond and no record on appeal are required under Section 6(f).
- A decision granting the permit or modifying it in terms satisfactory to the applicant is immediately executory under Section 6(f).
- All cases filed in court under Section 6 must be decided within twenty-four (24) hours from filing, with immediate endorsement to the executive judge for disposition or, if absent, to the next in rank under Section 6(g).
- Any decision may be appealed to the Supreme Court under Section 6(h).
- Telegraphic appeals followed by formal appeals are allowed under Section 6(i).
Assembly logistics and law enforcement limits
- If the proposed assembly involves use of a public highway, boulevard, avenue, road, or street for an appreciable length of time, the mayor may designate a convenient route for participants or reroute vehicular traffic to avoid serious or undue interference with free flow of commerce and trade under Section 7.
- Leaders and organizers must take all reasonable measures to ensure the assembly is conducted peacefully in accordance with the permit under Section 8.
- Leaders and organizers must:
- inform participants of their responsibilities under the permit (Section 8(a)),
- police the ranks to prevent non-demonstrators from disrupting lawful activities (Section 8(b)),
- confer with local officials and law enforcers for peaceful holding (Section 8(c)),
- ensure the assembly does not go beyond permit time (Section 8(d)),
- and take positive steps so demonstrators do not molest others or unduly interfere with rights of non-participants (Section 8(e)).
- Law enforcement agencies must not interfere with the holding of a public assembly under Section 9, but may station a contingent commanded by a responsible police officer in a place at least one hundred (100) meter away from the area of activity to maintain peace and order at all times under Section 9.
- When requested by leaders or organizers, law enforcement agencies must provide protection mindful that their responsibility and freedom of expression are primordial under Section 10.
- Law enforcement contingents must:
- deal with demonstrators while in complete uniform with nameplates and unit identifiers prominently displayed on the front and dorsal parts, and must observe “maximum tolerance” under Section 10(a),
- not carry any kind of firearms, but may be equipped with baton or riot sticks, shields, crash helmets with visor, gas masks, boots or ankle high shoes with shin guards under Section 10(b),
- not use tear gas, smoke grenades, water cannons, or similar anti-riot devices unless the assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property under Section 10(c).
Dispersal rules and arrest prohibition
- No public assembly with a permit may be dispersed under Section 11.
- When an assembly becomes violent, police may disperse using the following sequence under Section 11:
- At the first sign of impending violence, the ranking officer must call attention of leaders and ask them to prevent possible disturbance under Section 11(a).
- If actual violence starts with rocks or other harmful objects thrown at police, non-participants, or property causing damage, the ranking officer must audibly warn participants that continued disturbance will result in dispersion under Section 11(b).
- If violence does not stop or abate, after allowing a reasonable period to lapse, the ranking officer must audibly warn participants and immediately order the assembly to forthwith disperse under Section 11(c).
- No arrest of any leader, organizer, or participant may be made during the public assembly unless the person violates a law, statute, ordinance, or any provision of this Act during the assembly under Section 11(d), with arrests governed by Article 125 of the Revised Penal Code, as amended under Section 11(d).
- Isolated acts or incidents of disorder or breach of the peace during the public assembly do not constitute a group for dispersal under Section 11(e).
- A public assembly held without a permit where a permit is required may be peacefully dispersed under Section 12.
Prohibited acts and penalties
- Violation includes:
- holding a public assembly without securing a required written permit, or using the permit for purposes in a place other than those set out in the permit under Section 13(a),
- arbitrary and unjustified denial or modification of a permit by the mayor or official under Section 13(b),
- unjustified and arbitrary refusal to accept or acknowledge receipt of the permit application under Section 13(c),
- obstructing, impeding, disrupting, or otherwise denying peaceful assembly rights under Section 13(d),
- unnecessary firing of firearms to disperse a public assembly under Section 13(e),
- acts violating Section 10 under Section 13(f),
- and acts enumerated in Section 13(g) when committed within one hundred (100) meters from the area of activity of the public assembly or on the occasion thereof under Section 13(g).
- The enumerated acts in Section 13(g) include:
- carrying a deadly or offensive weapon or device such as firearm, pillbox, bomb, and the like (Section 13(g)(1)),
- carrying a bladed weapon and the like (Section 13(g)(2)),
- malicious burning of any object in the streets or thoroughfares (Section 13(g)(3)),
- carrying of firearms by members of the law enforcement unit (Section 13(g)(4)),
- interfering with or intentionally disturbing the holding of a public assembly by the use of a motor vehicle, its horns and loud sound systems (Section 13(g)(5)).
- Penalties are imposed for convictions of prohibited acts under Section 14 as follows:
- Violation of Section 13(a) is punishable by imprisonment of one month and one day to six months under Section 14(a).
- Violations of Section 13(b), (c), (d), (e), (f), and item 4, Section 13(g) are punishable by imprisonment of six months and one day to six years under Section 14(b).
- Violation of item 1, Section 13(g) is punishable by imprisonment of six months and one day to six years, without prejudice to prosecution under Presidential Decree No. 1866 under Section 14(c).
- Violations of items 2, 3, or 5, Section 13(g) are punishable by imprisonment of one day to thirty days under Section 14(d).
- Participation in an otherwise peaceful assembly is not subject to criminal punishment for participants or attendees under Section 13(a).
Freedom parks establishment obligation
- Every city and municipality must establish or designate at least one suitable “freedom park” or mall within six months after the Act’s effectivity under Section 15.
- Freedom parks must be centrally located within the poblacion as far as practicable and must allow demonstrations and meetings at any time without the need of prior permit under Section 15.
- In Metropolitan Manila, the respective mayors must establish freedom parks within six months from the effectivity of this Act under Section 15.
Severability, repeals, and constitutionality
- If any provision is declared invalid or unconstitutional, the validity and constitutionality of the remaining provisions are not affected under Section 16.
- All laws, decrees, letters of instructions, resolutions, orders, ordinances, or parts inconsistent with the Act are repealed, amended, or modified accordingly under Section 17.