Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 208

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE TO FREE
EXPRESSION, TO PEACEABLY ASSEMBLE AND TO PETITION THE
GOVERNMENT FOR REDRESS OF GRIEVANCES,
REPEALING FOR THE PURPOSE BATAS PAMBANSA BLG. 880
OR THE “PUBLIC ASSEMBLY ACT OF 1985”

EXPLANATORY NOTE

This bill seeks to overturn many of the aspects of the Marcosian, dictatorial,
and tyrannical Public Assembly Act (Batas Pambansa 880, 1985).

The said law, as well as its implementation, has been scored many times over
not only by Philippine human rights defenders but also by international rights
monitors. As noted by Freedom World in 2021, “Citizen activism and public
discussion [in the Philippines] are robust, and demonstrations are common. However,
permits are required for rallies, and police sometimes use violence to disperse
antigovernment protests.”

While mass actions and their collective voices are often the only “weapons”
that the people have to express their protests, authorities in the years of BP
880—allergic to the dissent being aired during protests—have thrown much more
insidious weapons against the people. Implementing a “no rally, no permit” policy,
so-called law enforcement agents usually resort to violent and brutal dispersals using
water cannons, tear gas, even a police van which an officer apparently drugged on
power used to repeatedly ram over protesters. Police and military agents hover
around, sometimes even in the middle of protest sites, in full-battle gear complete with


long firearms, as if placards and words can spill their blood. Protesters, regardless of
the existence of or necessity for a permit, are slandered as “destabilizers” and
“rebels.”

All these to prevent the staging of rallies and mass actions, to drown legitimate
grievances with the noise of accusation and scare tactics. All these, despite decades
after a long-time and blooded dictator was ousted by one of the largest public
assemblies then known to the world demonstrated the power of free expression,
collective dissent, and a people united.

Pursuant to international rights instruments, liberty of assembly should
generally not require prior permission. This bill therefore replaces the permit
requirement with a “notice regime,” complemented by a positive presumption in favor
of peaceful assembly. According to the Commission on Human Rights in its position
paper for the 18th Congress version of this bill:

the proposed regime creates a legal environment that facilitates the free
exercise of the right to peaceful assembly and petition the government
for redress of grievances. Also, in providing that the “notice” can be
challenged by the City or Municipal Mayor in the Courts, the Bill
transfers the power to determine whether to enjoin the conduct of a
public assembly from the local chief executives to the judiciary which
ensures stronger protection against arbitrary restrictions to exercise the
right. The burden to prove that there is clear and present danger of a
substantive evil will be placed upon the local authorities.

Another salient improvement sought by this bill is the automatic designation or
establishment of all public parks, halls, and plazas within the said city or municipality
as Freedom Parks should the city or municipality fail or refuse to designate or
establish one within the required period. This adopts the Supreme Court’s
observation’ as regards the “pathetic and regrettable” degree of observance of the
State, and observation that pushed the Court to give a thirty-day deadline, failing in
which, “no prior permit may be required for the exercise of such right in any public
park or plaza of a city or municipality until that city or municipality shall have
complied with Section 15 of the law. For without such alternative forum, to deny the
permit would in effect be to deny the right.”

' BAYAN, et al. vs. Eduardo Ermita, et al., G.R. No. 169838, April 25, 2006 (constitutionality of the
Calibrated Preemptive Response)


‘An enhanced version of New Public Assembly Act bills filed by Bayan Muna in
previous Congresses (including House Bill 7935 which was approved by the
Committee on People’s Participation in the 18th Congress), this bill seeks to ensure
the free exercise of civil and political 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 redress of grievances are vital

and indispensable to the individual and the collective strength and stability of the
nation.

For these reasons, approval of this bill is earnestly sought.

fep. ARUENE D. BROSAS Rep. RAOUL DANNIEL A. MANUEL
GABRIELA Women’s Party KABATAAN Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

209

HOUSE BILL No._©*"

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE TO FREE
EXPRESSION, TO PEACEABLY ASSEMBLE AND TO PETITION THE
GOVERNMENT FOR REDRESS OF GRIEVANCES,
REPEALING FOR THE PURPOSE BATAS PAMBANSA BLG. 880
OR THE “PUBLIC ASSEMBLY ACT OF 1985”

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

SECTION 1. Short Title —This Act shall be known as “The New Public Assembly
Act.”

SEC. 2. Declaration of Policy.— It is the policy of the State to ensure that the people
can freely exercise their rights to free speech, of expression, to peaceably assemble, to
petition the Government for redress of grievances, and to take part in the conduct of
public affairs without prejudice to the rights of others to life, liberty, property, and to
equal protection of laws.

These fundamental rights of the people are essential and vital to 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.


SEC. 3. Definition of Terms. — As used in this Act:

1) Clear and present danger refers to danger characterized by both grave and
imminent, and of a serious evil to public safety, public morals, public
health, or any other legitimate public interest that it can justify the
limitation on the exercise of the right, so fundamental to the maintenance of
democratic institutions.

2

Expression refers to any statement of opinion, including the means of
dissemination, for the purpose of presenting any cause, articulation of
political, economic or social advocacies, or manifestation of support in any
partisan political activity through the use of any means or media;

3) Freedom Park refers to any place or location such parks, roads, public
buildings and premises where public assemblies are usually held in which
no permit shall be required for the holding of the same;

4

Maximum Protection and Tolerance refers to the highest degree of
protection and restraint that the military, police, peacekeeping and law
enforcement authorities are required to observe and guarantee maximum
respect for the exercise of the right to express and peaceably assemble
during a public assembly including the dispersal of the same;

5

Public Assembly refers to any rally, demonstration, march, parade,
procession or any other form of mass or concerted action held in any place
for the purpose of: (1) presenting a lawful cause, (2) expressing an opinion
to the general public on any issue, (3) protesting against or influencing any
issue or program of the government whether political, economic, or social,
or (4) petitioning the government for redress of grievances; and

6

Public Place refers to any highway, boulevard, avenue, road, street, bridge
or other thoroughfare, park plaza, square, or any open space of public
ownership where the people are allowed access.

SEC. 4. Assemblies not Included in the Coverage.- Public Assembly covered by this
Act excludes political meetings or rallies allowed and held during election campaigns
periods, as provided for by law, and picketing and other concerted action in strike
areas by workers and employces resulting from a labor dispute as defined by
Presidential Decree No. 442, otherwise known as “Labor Code of the Philippines,” as
amended by Batas Pambansa Bilang 227, and its implementing rules and regulations.

The processions, rallies, parades, demonstrations, public meetings, and
assemblages for religious purposes are governed by local ordinances.

SEC. 5. Notice of Public Assembly. — Any person or group who intends to organize
and hold a public assembly in a public place shall serve a notice to the city or
municipal mayor who has jurisdiction over the place where the assembly is to be held.


However, no such notice shall be required if the public assembly is to be held
in any of the following places:

(a) A freedom park duly established by law or ordinance,

(b) A private property with the consent of the owner or the person entitled to its
legal possession, or

(c) In the campus of a government-owned and operated educational institution,
subject to its rules and regulations

In no case shall the implementation of the notice condition amount to or
interpreted as a permit or approval requirement from the mayor or any other public
authority.

SEC. 6. Notice Requirements, — Notice shall be given in accordance with the
following guidelines:

(a) The notice must be in writing with the following information:

(1) Name of leader or organizer and contact number;

(2) Purpose of the public assembly;

(3) Date, time and duration of the public assembly;

(4) Place or street to be used for the public assembly;

(5) Estimated number of participants; and

(6) Transport and public address system to be used during the public assembly:

Provided, That electronic filing of notices pursuant to Republic Act 11032 or
“Ease of Doing Business and Efficient Government Service Delivery Act of 2018”
shall be allowed.

(b) The notice must include an undertaking by the leaders or organizers of the
public assembly of their duties and responsibilities in accordance with Section
9 of this Act;

(c) The notice shall be given at least three (3) working days before the scheduled
public assembly to the city or municipal mayor who has jurisdiction of the
place;

(4) Upon receipt of the notice, duly acknowledged or received in writing, the city
or municipal mayor shall immediately post the notice at several conspicuous
places in the city or municipal building; and

(e) In case the city or municipal mayor, or the representative of the city or
municipal mayor, refuses to accept the notice, the leader or organizer of the
public assembly shall post the notice in the office of the city or municipal
mayor, in which case, the city or municipal mayor is deemed duly served.


SEC. 7. Action to Enjoin the Public Assembly. — If there is a clear and convincing
evidence based on his or her personal knowledge or that of any law enforcement
officer that the public assembly will create a clear and present danger to public order,
public safety, public morals or public health, the city or municipal mayor shall initiate
negotiations with the leaders and organizers of public assembly in question, in order to
agree on courses of action to address any issue relative to the conduct of the public
assembly.

The negotiation between the city or municipal mayor and the leaders or
organizers of the public assembly is limited within the two (2)-day period from filing
of notice, otherwise the public assembly should proceed as indicated in the notice.

If there was negotiation conducted and no agreement was reached, or if the
negotiation did not push through within two (2)-day period by action or inaction of
any of the parties, the one who is aggrieved on any matter concerning the conduct of
the public assembly has a cause of action and shall not be barred from filing an action
in court. .

The RTC is duty-bound to decide on the action within 24 hours from the date
of filing. The failure of the RTC to render a decision within the prescribed period shall
not be a basis against the holding of such assembly.

‘A decision denying the prayer to enjoin the public assembly shall be
immediately executory.

The decision of the RTC is appealable within 48 hours upon receipt of decision.
No appeal bond or record on appeal shall be required.

In all cases, the decision may be appealed to the Regional Trial Court.

Electronic filing of appeals pursuant to Republic Act 11032 shall be allowed.

SEC. 8. Use of Public Thoroughfare, — If the proposed public assembly involves the
use of any public highway, boulevard, avenue, road or street, the city or municipal
mayor or any official acting on behalf of the mayor, may reroute vehicular traffic to
prevent serious or undue interference with the flow of traffic, commerce and trade, or
designate a route for the conduct of the public assembly to prevent grave public
inconvenience upon prior coordination with the leaders and organizers.

The notice of the rerouting shall also be posted in the thoroughfare and
conspicuous places in the city or municipality.

SEC. 9. Responsibility of Leaders and Organizers. — The leaders and organizers
shall take all reasonable measures to conduct a peaceful public assembly. The
undertaking included in the notice required under Sections 5 and 6 of this Act shall
state the following:


(a) To inform the participants of their responsibility under applicable laws and
ordinances;

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

(c) To confer with local officials and law enforcers for the conduct of the public
assembly;

(d) To ensure that the public assembly does not go beyond the time stated in the
notice;

(e) To ensure that participants of the public assembly respect the rights of
non-participants;

(f) To be present throughout the duration of the public assembly;

(g) To regulate the inclusion of minors: Provided, That regulation shall neither
include nor amount to prohibition; and

(h) To ensure that the public assembly will not cause violations of environmental
laws including the Republic Act 9003 or the “Ecological Solid Waste
Management Act,” such that the place of assembly should be kept clean and
properties therein remain as they were before the conduct of mass action.

The leaders and organizers shall be primarily responsible in case of violations
of the undertaking above, including any damages made to public or private properties,
as a consequence of the violence that ensued during the public assembly, unless the
violence was clearly caused by infiltrators with intent to cause violence and damages
to property or by the law enforcers themselves.

SEC. 10. Non-interference by Law Enforcement Authorities and Private
Individuals. — The military, police and other law enforcement authorities, and persons
or groups who do not agree with the purpose of the public assembly, shall not
interfere with the conduct of the public assembly. To ensure public order and safety
both for the participants of the public assembly and the individuals, institutions or
entities surrounding the place of assembly, a law enforcement contingent may be
detailed and positioned at least one hundred (100) meters away from the place of
assembly.

SEC. 11. Guidelines and Rules af Conduct. — It shall be the primordial duty of the
members of law enforcement contingent mentioned in Section 10 of this Act to protect
participants of the public assembly and of the public in general. The members of the
law enforcement contingent shall observe the following guidelines and rules of
conduct:


(a) To wear complete and official uniform with nameplates and unit numbers
displayed prominently on the front and dorsal parts of the uniform. Crash
helmets with visor, gas masks, boots or ankle high shoes with shin guards
may be used;

(b) To observe maximum protection and tolerance at all times;
(c) To carry batons or riot sticks and shields without any kind of firearms; and

(d) To refrain from using tear gas, smoke grenades, water cannons, or any similar
anti-riot device unless the public assembly is attended with actual violence,
serious threats of violence, or deliberate destruction of property.

Isolated acts or incidents of disorder or breach of the peace during the public
assembly do not constitute grounds for dispersal.

SEC. 12. Public Assembly without Notice. — The absence of notice in violation of
Section 5 of this Act is not a ground for the dispersal of a public assembly. No person
shall be punished or held criminally liable for participating in or attending an
otherwise peaceful assembly. When the public assembly turns violent, creates actual
danger to public order, public safety, public morals or public health, or actually causes
grave public inconvenience, it may be peacefully dispersed.

SEC. 13. Presumption in Favor of Peaceful Assembly — In case of doubt, an
assembly shall be presumed peaceful. Isolated acts of violence shall not be ground to
consider the entire assembly violent or unlawful.
SEC. 14. Prohibited Acts. — The following acts are prohibited:
(a) Holding of a public assembly without notice when such notice is required.
(b) Arbitrary and unjustified filing of an action to enjoin a public assembly or the
arbitrary and unjustified refusal to accept or acknowledge receipt of the notice

for a public assembly.

(c) Holding of the public assembly at a time and place other than that indicated in
the notice.

(d) Discharge of firearm by a member of any law enforcement agency or any
person to disperse the public assembly.

(e) Arbitrary and unjustified dispersal of the public assembly in violation of
Section 12 hereof.

(f) Commission of any of the following acts within the area of the public
assembly or on the occasion thereof:


(1) Carrying of a deadly or offensive weapon or device such as firearm, pillbox,
bomb, and the like;

(2) Carrying of a bladed weapon and the like;

(3) Carrying of firearms by members of the law enforcement unit or
participants in the public assembly or event; and

(4) Interference with or intentional disturbance of a public assembly by the
use of a motor vehicle, its horns and loud sound systems.

SEC. 15. Penalties. — The following penalties shall be imposed upon any person
found guilty of violating Section 14 of this Act:

(a) Censure for violation of paragraph (a): Provided, That a fine or community
service shall be imposed against repeat offenders;

(b) Suspension of six (6) months and one (1) day to two (2) years and four (4)
months for violation of paragraph (b);

(c) Imprisonment of six (6) months and one (1) day to six (6) years for violation
of paragraphs (c), (d), (e) and item 3, paragraph (f);

(d) Imprisonment of six (6) months and one (1) day to six (6) years for the
violation of Section 13, paragraph (f), item (1) without prejudice to prosecution
under Presidential Decree 1866, entitled “Codifving the Laws on
Mlegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition, of Firearms, Ammunition or Explosives or Instruments Used in the
Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer
Penalties for Certain Violation Thereof and for Relevant Purposes” and
Republic Act 10591, otherwise known as the “Comprehensive Firearm and
Ammunition Regulation Act;”

(c) Imprisonment of one (1) day to thirty (30) days for violation of item 2 and item
4 of paragraph (1).

SEC. 16. Freedom Parks. — Every city and municipal mayor shall, within six (6)
months after the effectivity of this Act, and in consultation with civil society groups,
establish or designate at least one (1) suitable Freedom Park or hall in their respective
jurisdictions which must be, as far as practicable, centrally located within the city or
municipality, and where public assemblies, demonstrations, and meetings may be held
at any time without the need of a notice as required in Section 5 of this Act.

Persons or groups exercising their right to peaceful assembly under the
provisions of this Act shall be provided with free access to the designated Freedom
Parks. Any person violating this Section, such as by blockades preventing free ingress
and egress to Freedom Parks and venues of public assemblies, shall be liable for
interference under Section 10 under this Act as well as other applicable laws.


In case the city or municipality fails or refuses to designate at least one (1)
suitable Freedom Park, then all public parks, halls, and plazas within the said city or
municipality shall be considered Freedom Parks and public assemblies may be held
thereat even without complying with the notice requirement.

SEC. 17. Rules of Construction. — Any doubt in the interpretation of any provision of
this Act is resolved in favor of strengthening and promoting the free exercise of the
people’s right of expression and to peaceably assemble.

SEC. 18. Implementing Rules and Regulations. — The Secretary of Interior and Local
Government shall, in consultation with the Commission on Human Rights and with
the concerned people’s organizations (POs), promulgate the implementing rules and
regulations within six (6) months from the effectivity of this Act.

SEC. 19. Separability Clause. — In case any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts of provisions not affected shall remain
in full force and effect.

SEC. 20. Repealing Clause. — Batas Pambansa Bilang 880 is hereby repealed. All
other laws, decrees, letters of instructions, resolutions, orders, ordinances, or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,