HOUSE" REPRESENT aTives

RECEIVED
SEVENTEENTH CONGRESS OF THE REPUHLIC pag, 8 AUG 2016
OF THE PHILIPPINES. -
First Regular Session fe, SPH
By:

HOUSE OF REPRESENTATIVES}
H.B.No._3023

REGISTRATION UNIT
BILLS AND NSE X ceaVICE

Introduced by Representative Harry L. Roque Jr.

AN ACT
ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT PEACEABLY
TO ASSEMBLE AND PETITION THE GOVERNMENT
EXPLANATORY NOTE

‘The Constitution, Article 3, Section 4, provides
No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the

government for redress of grievances.

Freedom of assembly is one of the cornerstones of democracy and a well-functioning
civil society. Together with the rights of expression and association, it is at the heart of classic
fundamental rights because they form the basis for people's societal influencing and
organization. As such, they have been ensured in the Universal Declaration of Human Rights
and in many general or group-related Conventions on human rights.

However, such right, though fundamental and constitutionally protected, is not absolute
Reasonable "time, place and manner" regulations may be necessary to further significant
governmental interests. The nature of a place, “the pattern of its normal activities, dictate the
kinds of regulations of time, place, and manner that are reasonable.”Cox v. Louisiana, 379 U.S.
559 (1965); Adderley v. Florida, 385 U.S. 39 (1966). For instance, making a speech in a library

would certainly infringe upon the convenience and welfare of others, but that same speech


should be perfectly appropriate in a park

Restrictions on the exercise of this right are necessary in a democratic society in the
interests of national security or public safety, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights and freedoms of others. These
restrictions may be placed if they are prescribed by law.

In the Philippines, Batas Pambansa Bilang 880 (B.P. Blg. 880) entitled, “An Act
Ensuring the Free Exercise by the People of their Right to Peaceably Assemble and Petition the
Government and for other purposes” provides the policy framework by which all local
ordinances and issuance of permits for assemblies must be guided. The law, however, is
deficient in two aspects. First, while it recognizes the right of demonstrators to assemble and
petition the government, it does not take into account the protection of the unwilling listener.
Second, it does not contain any provisions on "public events" - those amusements, contests,
performances and other comparable events that are open to the public, which, though not
considered as public assemblies, must still be regulated

This bill seeks to address the deficiencies of B.P. Blg. 880.

B.P. Blg. 880 leaves residents vulnerable to harassment in the guise of free speech. The
USS. Supreme Court, whose decisions have certainly influenced our own interpretation of
constitutional issues, has had the opportunity to address cases where the right to peaceably
assemble was weighed against residential privacy. In the case of Carey v. Brown, 447 U.S. 455,
the Court held that:

‘The State's interest in protecting the well-being, tranquility, and privacy of

the home is certainly of the highest order in a free and civilized society. "Our prior

decisions have often remarked on the unique nature of the home, "the last citadel of

the tired, the weary, and the sick,” Gregory v. Chicago, 394 U.S. 111, 125 (1969)
(Black, J., concurring), and have recognized that "[p]reserving the sanctity of the


home, the one retreat to which men and women can repair to escape from the
tribulations of their daily pursuits, is surely an important value.”

This bill seeks to address the mass or concerted action that is narrowly directed at the
household, not the public. The type of picketers or rallyists banned by the new section are those
who do not seek to disseminate a message to the general public, but to intrude upon the targeted
resident, and to do so in an especially offensive way.

The protection of the unwilling listener is an important aspect of residential privacy. The
home should offer security from those who seek to enforce their opinions and conduct upon
other persons. “That we are often ‘captives’ outside the sanctuary of the home and subject to
objectionable speech ... does not mean we must be captives everywhere.”Rowan v. Post Office
Dept., 397 U.S. 728,738 (1970). Instead, a special benefit of the privacy all citizens enjoy within
their own walls, which the State may legislate to protect, is an ability to avoid intrusions.

The reason for the second deficiency is that the authors of B.P. Blg, 880 focused on the
regulation of public assemblies and, hence, failed to take into consideration other forms of
assemblies such as “public events” or amusements, contests, performances and other comparable
events not considered public assemblies, which must necessarily be regulated to ensure public

order. This bill addresses the problems by incorporating provisions regulating such public

yf

HARRY L. ROQUE JR.

events!

This bill was first filed in the Thirteenth Congress, Second Regular Session, and refiled by Senator
Miriam Defensor Santiago in the Sixteenth Congress, Third Regular Session.


RENe

SEVENTEETH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES. )
First Regular Session )

HOUSE OF REPRENTATIVES
H.B.No. 8023

Introduced by Representative Harry L. Roque Jr.

AN ACT
ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT PEACEABLY TO
ASSEMBLE AND PETITION THE GOVERNMENT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER 1-GENERALPROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Public Assembly Code.”

SECTION2. Declaration of Policy.
‘Theconstitutionalrightofthepeopletopeaceablyassembleandpetitionthegovernmentforredressofgrie
vancesisessentialandvitaltothestrengthandstabilityoftheState. Tothisend,theStateshallensurethefree

exerciseofsuchrightwithoutprejudiceto the rights of others to life, liberty and equal protection of

the law.

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

(A)

or any other form of mass or concerted action held in a public place for the purpose of presenting
a lawful 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; or petitioning

“Public assembly” shall mean any rally, demonstration, march, parade, procession

the government for redress of grievances


we

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

The definition shall not include picketing and other concerted action in strike areas by
workers and employees resulting from a labor dispute as defined by the Labor Code and by the
Batas Pambansa Bilang 227. It shall also not include political meetings or rallies held during any
election campaign period as provided in Batas Pambansa Bilang 880, Section4.

(B) “Public event” shall be defined as amusements, contests, performances and other
comparable events that are open to the public, but not considered to be public assemblies.

If participation in an event requires an invitation or membership in a given organization,
the provisions of this Act on public events shall apply thereto, unless the event, owing to the
number of participants, the type of the event and other specific circumstances, is considered to be
of a private nature.

The definition shall not include official events arranged by public corporations, nor to the
events of religious communities where these are arranged for the purpose of public worship in
the community's own premises or in a comparable place.

(C) “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

(D) “Maximum tolerance” shall mean 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.

(E) “Modification of permit” shall include the 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.

CHAPTER 2- PUBLIC ASSEMBLIES.

SECTION4.Right to Arrange Public Assemblies. ~ Any private person with full legal
capacity may arrange a public assembly. A person who is without full legal capacity but who has
attained fifteen (15) years of age may arrange a public assembly, unless it is evident that he or
she will not be capable of fulfilling the requirements that the law imposes on the arranger of an
assembly. A person without full legal capacity may arrange a public assembly with another

person with full legal capacity.

SECTION 5. Right to Participate in a Public Assembly. — Any person, regardless of legal

capacity, has the right to participate in any public meeting or assembly

SECTION 6. Restrictions Relating to the Meeting Place. ~ Subject to the provisions of
Section 17, the following restrictions shall apply to the meeting place where the public assembly
is sought to be held

(A) If several public meetings are to be arranged at the same time, and their
simultaneous arrangement is not possible, the arranger who first submitted the application shall
have precedence unless the meeting place is traditionally or contractually to be used for
another meeting. In this event, the mayor of the city where the assembly is sought to be held
may, after negotiating with the arrangers of simultaneous meetings, move the other meeting or

meetings to be held at another time or to another place suitable in view of the purpose of the


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meeting.
(B) _ If the arrangement of a public meeting in the place where it is sought to be held
will compromise the safety of people, or cause considerable damage to the surrounding area, to
an international conference arranged by a public corporation, or to another event requiring
similar security arrangements, the mayor may move the meeting to another place suitable in view
of the purpose of the meeting after having negotiated with the arranger the public assembly.
(C) The mayor may undertake the measures referred to in this section without

negotiating with the arranger of the public assembly if such arranger cannot be reached

SECTION? Meeting Equipment. ~ Banners, insignia, loud speakers, and other regular
meeting equipment may be used, and temporary constructions erected. The arranger shall see to
it that no danger and unreasonable inconvenience or damage is thereby caused to the

participants, bystanders, or the surrounding area

CHAPTER 3 -PUBLIC EVENTS

SECTIONS. Arrangement of Public Events. ~Any private person with full legal capacity
may arrange a public event. A person without full legal capacity may arrange a public event with

persons with full legal capacity.

SECTIONS. Consent of the Owner or Holder of the Venue of the Event. — The arranger of
a public event shall obtain the consent of the owner or holder of the venue of the event for it to
be used for this purpose. Such owner or holder may also restrict the use of such a place for
assembly purposes if it is to be anticipated that the arrangement of the event will cause

unreasonable inconvenience to the owner or holder, or unreasonable damage to the surrounding


area,

SECTION10,Prohibition of a Public Event. ~ The mayor of the place where the public
event is sought to be held may prohibit the arrangement of such event if other measures are not
enough and it is evident that:

(A) The event is illegal or its arrangement essentially violates this Act or the orders
issued by virtue of this Act;

(B) — Order and security cannot be maintained in the event;

(C) The arrangement of the event will endanger health or cause damage to property:
or

(D) The arrangement of the event will cause significant inconvenience to bystanders

and damage to the surrounding area

SECTION 11. Liability Insurance. — If the arrangement of the event may cause
reasonable damage to persons or property, the mayor may order it to be a prerequisite of the
arrangement of the public event that the arranger has adequate insurance to cover any possible

liability for damages.

CHAPTER 4- APPLICATION PERMITS

SECTION12.Permit When Required and When Not Required. ~ A written permit shall be
required for any person to organize and hold a public assembly or event in a public place.

However, no permit shall be required if the public assembly shall be done or made in a
freedom park duly established by law or ordinance or in private property, in which case only the

consent of the owner or the one entitled to its legal possession is required, or in the campus of a


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government-owned and operated educational institution which shall be subject to the rules and

regulations of said educational institution.

SECTIONI3. Prohibition of Focused Public Assembly in Residential Areas. ~No permit
shall be granted for public assemblies which shall be held before or about the residence or

dwelling of a particular individual

SECTION 14. Application Requirements, — All applications for permits shall comply
with the following guidelines:

(A) _ The applications shall be in writing and shall include the names of the leaders or
organizers; the purpose of such public assembly: the date, time and duration thereof, and place or
streets to be used for the intended activity; and the probable number of persona participating, the
transport and the public access systems to be used.

(B) The application shall incorporate the duty and responsibility of applicant under
Chapters 2 and 3.

(C) The application shall be filed at least five (5) working days before the scheduled
public assembly, with the office of the mayor of the city or municipality in whose jurisdiction the
intended activity is to be held

(D) Upon receipt of the application, which must be duly acknowledged in writing, the
office of the city or municipal mayor shall cause the same to immediately be posted at a

conspicuous place in the city or municipal building.

SECTIONIS.Action to be Taken on the Application. ~
(A) _ It shall be the duty of the mayor, or any official acting in his behalf, to issue or

grant a permit unless there is clear and convincing evidence that the public assembly will create


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aclear and present danger to public order, public safety, public convenience, public morals or
public health,

(B) The mayor, or any official acting in his behalf, shall act on the application within
two (2) working days from the date the application was filed, failing which, the permit shall be
deemed granted. Should for any reason, the mayor, or any official acting in his behalf, refuse to
accept the application for a permit, the application shall be posted by the applicant on the
premises of the office of the mayor and shall be deemed to have been filed,

(C) If the mayor is of the view that there is imminent and grave danger of a
substantive evil warranting the denial or modification of the permit, he shall immediately inform
the applicant who must be heard on the matter.

(D) The action on the permit shall be in writing and served on the application within
twenty-four hours

(E) If the mayor, or any official acting in his behalf, denies the application or
modifies the terms thereof in his permit, the applicant may contest the decision in an appropriate
court of law.

(F) If case suit is brought before the Metropolitan Trial Court, the Municipal Trial

Court, the Municipal Circuit Trial Court, or the Regional Trial Court, its decisions may be

appealed to the appropriate court within forty-eight (48) hours after receipt of the same. No
appeal bond and record on appeal shall be required. A decision granting such permit or
modifying it in terms satisfactory to the applicant shall be immediately executory.

(G) All cases filed in court under this section shall be decided within twenty-four (24)

hours from date of filing. They shall be immediately endorsed to the executive judge for

disposition or, in his absence, to the next in rank


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(H) For all cases, any decision may be appealed to the Supreme Court.Telegraphic

appeals to be followed by formal appeals are allowed.

SECTIONI6. Use of Public Thoroughfare. — Should the proposed 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 in his behalf may, to prevent grave public
inconvenience, designate the route thereof which is convenient to the participants or 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.

CHAPTER 5- MAINTENANCE OF ORDER

SECTION 17. Responsibility of the Permit Applicant or Arranger. ~ It shall be the duty
and responsibility of the permit applicant, arranger or other leaders and organizers of a public
assembly or event to take all reasonable measures and steps to the end that the intended public
assembly or event shall be conducted peacefully in accordance with the terms of the permit
These shall include but not be limited to the following:

(A) _ To inform the participants of their responsibility under the permit;

(B) To police the ranks of the demonstrators in order to prevent non-demonstrators
from disrupting the lawful activities of the public assembly;

(C) To confer with local government officials concerned and law enforcers to the end
that the public assembly or event may be held peacefully:

(D) _ To see to it that the public assembly or event undertaken shall not go beyond the
time stated in the permit; and

(E) _ To take positive steps that demonstrators or participants do not molest any person


or do any act unduly interfering with the rights of other persons not participating in the public

assembly or event.

SECTIONI8. Non-interference by Law Enforcement Authorities. ~ Law 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 one hundred (100) meters away from the area of

activity ready to maintain peace and order at all times

SECTION 19. Police Assistance When Requested. ~ It shail 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 right peaceably to assemble and the freedom of expression is primordial.
Towards this end, law enforcement agencies shall observe the following guidelines:

(A) 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 their uniform and must observe the policy of
“maximum tolerance”;

(B) 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;

(C) Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall not
be used unless the public assembly is attended by actual violence or serious threats of violence,

or deliberate destruction of property.


SECTION 20. Interruption and Dispersal of Public Assembly with Permit— No public
assembly with a permit shall be dispersed. However, when an assembly becomes violent, the
police may disperse such public assembly as follows:

(A) At the first sign of impending violence, the ranking officer of the law enforcement
contingent shall call the attention of the permit applicant, arranger leaders and organizers of the
public assembly and ask the latter to prevent any possible disturbance. The latter shall interrupt
or order it to disperse, if continuing
theassemblywouldcauseimmediatedangertothesafetyofthepeople, propertyorthesurroundingarea;

(B) If actual violence starts to a point where rocks or other harmful objects from the
demonstrators or participants are thrown at the police or at the non-demonstrators or non-
participants, or at any property causing damage to such property, the ranking officer of the law
enforcement contingent shall audibly warn the participants that if the disturbance persists, the
public assembly or event will be dispersed:

(C) 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 a warning to the participants of the public assembly or event, aid after allowing a
reasonable period of time to lapse, shall immediately order it to disperse;

(D) No arrest of any permit applicant, arranger, leader, organizer or participant shall
also be made during the public assembly unless he violates during the assembly a law, statute,
ordinance or any provision of this Act. Such arrest shall be governed by the Penal Code, Article
125,

(E) _ Isolated acts or incidents of disorder or breach of the peace during the public

assembly shall not constitute a group for dispersal

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SECTION2I1. Prevention, Interruption and Dispersal of a Public Event with a Permit. —
Under the circumstances enumerated in Section 10 of the Act, the applicant or arranger of a
Public event shall cancel or interrupt the event or order it to disperse. Under the same
circumstances, the ranking officer of the law enforcement contingent has the right to prevent or
interrupt the public event or order it to disperse, if other measures have not proven adequate. The

provisions of the preceding section shall also apply to public events.

SECTION 22. Dispersal of Public Assembly or Event without Permit. ~ When the public
assembly is held without a permit where a permit is required, the said public assembly may be

peacefully dispersed.

CHAPTER6-SANCTIONS,

SECTION23. Prohibited Acts. — The following shall constitute violations of this Act

(A) The holding of any public assembly as defined in this act by any leader or
organizer without having first secured that written permit where a permit is required from the
office concerned, or the use of such permit for such purposes in any place other than those set
out in said permit; provided, that no person can be punished or held criminally liable for
participating in or attending an otherwise peaceful assembly:

(B) Arbitrary and unjustified denial or modification of a permit in violation of the
provisions of this act by the mayor or any other official acting in his behalf,

(C) The unjustified and arbitrary refusal to accept or acknowledge receipt of the
application for a permit by the mayor or any official acting in his behalf,

(D) Obstructing, impeding, disrupting or otherwise denying the exercise of the right to


peaceful assembly:
(E) The unnecessary firing of firearms by a member of any law enforcement agency
or any person to disperse the public assembly;
(F) Acts in violation of Section 20 hereof:
(G) The following acts, if committed within one hundred (100) meters from the area
of activity of the public assembly or on the occasion thereof:
(1) The carrying of a deadly or offensive weapon or device such as firearm,
pillbox, bomb, and the like;
(2) The carrying of a bladed weapon and the like;
(3) The malicious burning of any object in the streets or thoroughfares;
(4) The carrying of firearms by members of the law enforcement unit or
participants in the public assembly or event;
(5) The interfering with or intentionally disturbing the holding of a public

assembly by the use ofa motor vehicle, its horns and loud sound systems.

SECTION 24. Penalties. — Any person found guilty and convicted of any of the
prohibited acts defined in the immediately preceding section shall be punished as follows

(A) Violation of subparagraph (A) shall be punished by imprisonment of one month and
one day to six months;

(B) Violations of subparagraphs (B), (C), (D), (E), (F), and item 4, subparagraph (G)
shall be punished by imprisonment of six months and one day to six years;

(C) Violation of item 1, subparagraph (G) shall be punished by imprisonment of six
months and one day to six years without prejudice to prosecution under Presidential Decree No.

1866;


(D) Violations of item 2, item 3, or item 5 of subparagraph (G) shall be punished by

imprisonment of one day to thirty days.

CHAPTER 7- MISCELLANEOUS PROVISIONS

SECTION2S. Freedom Parks, ~ Every city and municipality in the country shall within
six months after the effectivity of this act establish or designate at least one suitable "freedom
park" or mall in their respective jurisdictions which, as far as practicable, shall be centrally
located within the poblacion where demonstrations and meetings may be held at any time
without the need of any prior permit

In the cities and municipalities of Metropolitan Manila, the respective mayors shall

establish the freedom parks within the period of six months from the effectivity of this Act.

SECTION 26. Separability Clause. — If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting,

SECTION 27. Repealing Clause. ~ Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent

with the provisions of this act is hereby repealed, modified or amended accordingly.

SECTION 28. Effectivity. — This act shall take effect fifteen (15) days after its publication

in at least two (2) newspapers of general circulation.

Approved,