THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
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, and are permitted. 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. 
BP Blg. 880 leaves residents vulnerable to harassment in the guise of free speech. The 
US 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 US 455, 
the Court held that: 
The State's interest in protecting the wefl-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 US. 111, 125 
(1969) (Black, J., concumng), and have recognized that "[plreserving 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 axe 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 events. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
5 NOV 16 P:! ::?7 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT 
PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT 
CHAPTER 1 - GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the “Public Assembly Code of 
2005.“ 
SECTION 2. Declaration ofpolicy. - The constitutional right of the people to peaceably 
assemble and petition the government for redress of grievances is essential and vital to the 
strength and stability of the State. To this end, the State shall ensure the free exercise of such 
right without prejudice to the rights of others to life, liberty and equal protection of the law. 
SECTION 3. Definition of terms. - For purposes of this Act: 
(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 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 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, 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 Section 4 
of Batas Pambansa Bilang 880. 
(B) “Public event” is 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 o f  religious communities where these are arranged for the purpose o f  
public warahip in the community’# 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, andor any open space of public ownership 
where the people are allowed access. 
@) "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. 
(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 
SECTION 4. 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 pf 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 meeting. 
Q3) 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 7. Meeting equipment. - Banners, insignia, loudspeakers 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 partioipants, 
bystanders, or the surrounding area. 


CHAPTER 3 - PUBLIC EVENTS 
SECTION 8. Arrangement ofpublzc 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 111 legal capacity. 
SECTION 9. Consent of the owner or holder of the venue of the event. - The arranger of 
a publio event shall obtain the condent of the owner or holder 6f the venue of the went 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; 
(€3) 
Order and security cannot be maintained in the event; 
(C) The arrangement of the event will endanger health or cause damage to property; or 
@) 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 
SECTION 12. 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 
government-owned and operated educational institution which shall be subject to the rules and 
regulations of said educational institution. 
SECTION 13. 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 
persons participating, the transport and the public addrsss 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. 
SECTION 15. 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 canvincing evidenoe that the public assembly will 
create a clear 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. 
@) 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) In 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 terns 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. 
(H) In all cases, any decision may be appealed to the Supreme Court. 
(I) Telegraphic appeals to be followed by formal appeals are allowed. 
SECTION 16. 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 fiee 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; 
@) 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. 
SECTION 18. 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 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 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 not 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 the 


assembly would cause immediate danger to the safety of the people, property or the 
surrounding area; 
(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, and after 
allowing a reasonable period of time to lapse, shall immediately order it to disperse; 
(D) No arrest of any permit applicant, manger, 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 
Article 125 of the Penal Code; 
(E) Isolated acts or incidents of disorder or breach of the peace during the public 
assembly shall not constitute a group for dispersal. 
SECTION 21. Prevention, interruption and dispersal of a public event with a permit. - 
Under the circumstances enumerated in Section 10 of the act, the permit 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 ofpublic 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 
peacellly dispersed. 
CHAPTER 6 - SANCTIONS 
SECTION 23. 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 ofthis act by the mayor or any other official acting in his behalt 
(C) The unjustified and arbitrary relksal to accept or acknowledge receipt of the 
(D) Obstructing, impeding, disrupting or otherwise denying the exercise of the right to 
application for a permit by the mayor or any official acting in his behalc 
peacefd assembly; 
@) 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, 
(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 of a motor vehicle, its horns and loud sound systems. 
pillbox, bomb, and the like; 
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), (I?), 
(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; 
@) 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 
SECTION 25. 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 fkeedom 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 wit 
the provisions of this act is hereby repealed, modified or amended accordingly. 
SECTION 28. Eflectivity. - This act shall take effect fifteen (15) days after its publication 
in at least two (2) newspapers of general circulation. 
Approved,