Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3668

HOUSE BILL No.

Introduced by BAYAN MUNA
Reps. NERIJ. COLMENARES and CARLOS ISAGANIT. ZARATE

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE TO FREE EXPRESSION,
PEACEABLY ASSEMBLE AND PETITION THE GOVERNMENT FOR REDRESS
OF GRIEVANCES, REPEALING BATAS PAMBANSA BILANG 880
AND FOR OTHER PURPOSES

EXPLANATORY NOTE
Many protest rallies would have been otherwise peaceful were it not for their violent dispersal by

police forces. Every year, the persisting wend has been the police disruption of rallies that should
have radically ebbed following the ouster of the Marcos dictatorship.

Why the very act of persons bearing placards, flags and streamers assembling in one place should
licit police reprisal is an issue that should be addressed. ‘The presence of the religious sector in
rallies has been no guarantee for the peaceful practice of the freedom of expression.

More often than not, authorities invoke the “No Permit, No Rally” rule to justify the dispersal of
rallies. ‘The Marcos-period Batasang Pambansa Bilang 880 has been the convenient excuse for
state forces t0 suppress otherwise peaceful demonstrations, effectively curtailing the basic
constitutional rights to assembly, free speech and petition of government for redress of grievances

This bill repeals the Marcosian relic Batasang Pambansa 880. Tt seeks to ensure the untrammeled
exercise of civil rights without unnecessary and unreasonable impediments. Its underlying premise
is basic: the constitutional rights of the people peaceably to assemble and petition the government
for redtess of grievances are essential and vital to the individual and the collective strength ancl
stability of the nation,

Immediate approval of this measure is earnestly sought.

[ARES Rep. CARLOS Joa Bat T. ZARATE
Bayan Marna Party-lst



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session
3668

HOUSE BILL No.

Introduced by BAYAN MUNA
Reps. NERI J. COLMENARES and CARLOS ISAGANI T. ZARAT

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE TO FREE EXPRESSION,
PEACEABLY ASSEMBLE AND PETITION THE GOVERNMENT FOR REDRESS
OF GRIEVANCES, REPEALING BATAS PAMBANSA BILANG 880
AND FOR OTHER PURPOSES

SECTION 1. Title. ~ This law shall be known as “The Freedom of Expression Act of 2013.”

SECTION 2. Declaration of Policy. ~The constitutional rights of the people peaceably to
assemble and petition the government for redress of grievances through all medium and means of
expression are essential and vital to the individual and the collective strength and stability of the
nation. Towards this end, the State shall ensure the free exercise of such rights without
unnecessary and unreasonable impediments whatsoever.

SECTION 3. Definition of Terms. ~ For purposes of this Act:

1. “Expression” refers to any statement of opinion for the purpose of presenting any
‘cause, articulation of political, economic or social advocacies, o manifestation of
support in any partisan political activity through the use of any means or media

2. “Public assembly” means any rally, demonstration, march, parade, procession or any
other form of mass or concerted action held in a public place for the purpose of
presenting any cause; or expressing an opinion to the general public on any particular
issue; or protesting or influencing any state of affairs whether political, economic or
social, including picketing and other concerted action in strike arcas by workers and
employees resulting from a labor dispute as defined by the Labor Code, its
implementing rules and regulations; or petitioning the government for redress of
grievances.

‘The processions, rallies, parades, demonstrations, public meetings and assemblages
{for religious purposes shall be governed by local ordinances: PROVIDED, however,
that the declaration of policy as provided in Section 2 of this Act shall be faithfully
observed.

3. “Public place” shall include any highway, boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, and/or any open space of public ownership
where the people are allowed access.


4, “Maximum tolerance” means the highest degree of restraint that the military, police
and other peace-keeping authorities shall observe during a public assembly or in the
dispersal of the same.

SECTION 4. No permit required. ~ No permit shall be required for any person or persons to
organize and hold a public assembly in a public place. However they shall inform and coordinate
with the mayor of local authority acting on his or her behalf regarding the agenda and details for
the said assembly, ‘The organizers and leaders of the public assembly shall also be responsible for
the orderly and peaceful conduct of the same so as to produce the least inconvenience to the
‘community without injuring or endangering the health or safety of others, or totally obstructing or
interfering with the free passage of any public highway or street or any body of water.
PROVIDED, the leaders and organizers of a public assembly shall police the ranks of the
demonstrators in order to prevent non-demonstrators from disrupting the lawful activities of the
public assembly, and o take positive steps that demonstrators do not molest any person or do any
act unduly interfering with the rights of other persons not participating in the public assembly.
PROVIDED FURTHER, should the public assembly involve the use, for an appreciable length of
time, of any public highway, boulevard, avenue, road or street, the mayor or any official acting on
his behalf may, to prevent grave public inconvenience, reroute the vehicular traffic to another
direction so that there will be no serious or undue interference with the free flow of commerce
and trade.

SECTION 5. Non-interference by law enforcement authorities, ~ Lav enforcement agencies
shall not interfere with the holding of a public assembly. However, to adequately ensure public
safety, a law enforcement contingent under the command of a responsible police officer may be
detailed and stationed in a place at least two hundred (200) meters away from the area of activity
to readily maintain peace and order at all times.

SECTION 6. Police assistance when requested. ~ \t shall be imperative for law enforcement
agencies, when their assistance is requested by the leaders or organizers, to perform their duties,
always mindful that their responsibility to provide proper protection to those exercising their
rights peaceably to assemble and to freedom of expression is primordial. Towards this end, law
enforcement agencies shall observe the following guidelines:

1. Members of the law enforcement contingent who deal with the demonstrators shall
be in complete uniform, with their nameplates and units to which they belong
displayed prominently on the front and dorsal parts of theit uniform and must
observe the policy of “maximum tolerance” as herein defined;

2. ‘The members of the law enforcement contingent shall 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; and

3. ‘Tear gas, smoke grenades, water cannons, of any similar anti-riot device shall not be
used unless the public assembly is attended by actual violence or deliberate
destruction of property.

SECTION 7. No dispersal of public assembly. — No public assembly shall be dispersed unless
a public assembly has become actually violent and only under the following considerations:


1. At the first sign of impending violence, the ranking officer of the law enforcement
contingent shall call the attention of the leaders of the public assembly and ask the
latter to prevent any possible disturbance;

2. If actual violence starts to a point where rocks or other harmful objects from the
participants arc thrown at the non-participants or at any property causing damage to
such property, the ranking officer of the law enforcement contingent shall audibly
war the participants that if the disturbance persists, the public assembly will be
dispersed;

3. If the violence or disturbances prevailing as stated in the preceding subparagraph
should not stop or abate, the ranking officer of the law enforcement contingent shall
audibly issue another waming (o the participants of the public assembly;

4, Isolated acts or incidents of disorder or breach of the peace during the public
assembly shall not constitute a ground for dispersal; and

5. No public assembly shall be dispersed without the consent of the leaders or
organizers thereof unless there is clear and convincing evidence of grave public
inconvenience or serious or undue interference with the free flow of commerce and
trade, In any event, no member of any law enforcement agency or any person shall
fire his or her firearms in the dispersal of a public assembly.

SECTION 8. Immunity from arrest and taxation. ~ In order to give fullest protection to the
tight of the people to expression, peaceably assemble and petition the government for redress of

grievances:

4. No person can be punished or held criminally liable for participating in or attending a
public assembly;

2. No leader, organizer or participant shall be arrested during the public assembly; and

3. No tax shall be imposed upon any means or media used and owned by private
individuals for expression as defined herein.

SECTION 9. Penalties. — Any person found guilty of violating any provision of this Act shall
suffer imprisonment of seven (7) years and perpetual disqualification from public office.

SECTION 10, Freedom days. — Every city and municipality in the country shall endeavor to
coordinate with people’s organizations and cause-oriented groups before the dates fixed for
commemorating historic or socially relevant events so that traflic re-routing plans are laid down
and publicized for the information of the public.

SECTION 11. Constitutionality. — Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby.

SECTION 12. Repealing Clause. — All laws, decrees, letters of instructions, resolutions, orders,
ordinances or parts thereof which arc inconsistent with the provisions of this Act, particularly
Batas Pambansa Bilang 880, are hereby repealed, amended, or modified accordingly.


SECTION 13. Effecti his Act shall take effect twenty (20) days after its publication in a
newspaper of general circulation.

Approved,