.
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THIRTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
FIRST REGULAR SESSION 
1 
8-3 
Qs;”.b, 1(&3 
AN ACT 
AMENDING BATAS PAMBANSA BLG. 
OTHERWISE KNOWN AS THE PUBLIC ASSEMBLY 
1985 TO BE KNOWN AS THE “FREEDOM OF AS 
ACT OF 2004” 
- 
Introduced by Senator Alfredo S. Lim 
EXPLANATORY NOTE 
Democracy flourishes when .the basic rights of citizens 
to free speech and peaceably assemble for redress of 
grievances are not merely guaranteed but more importantly, 
respected and made inviolable. 
Unfortunately, we have seen and felt these recent days 
that these .ikghts are beginning to be curtailed and worse, 
destroyed. God forbid when our country will once again be 
plunged into an age or’ repression and darkness! 
The bill seeks to breath life to these freedoms by 
first, mandating the establishment of long overdue freedom 
parks; second, guaranteeing free speech; and third, by 
providing graver penal and administrative sanctions against 
public officials involved in the represiion and suppression 
of these rights and local executives who denigrate the 
sacredness of these freedoms. 
The call for the establishment of freedom park dates 
back in the 80s when then Batasang Pambansa enacted BP 880 
otherwise lrnown as the “Public Assembly Act of 1985“, yet, 


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till this we have yet to hear of a real freedom park which 
our predecessor legislated. 
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That law, however, is being ignored with impunity even 
as the citizens reel froin lack of adequate space to assemble 
and exercise their freedom of expression. 
In the City of Manila, Plaza Miranda, Liwasang 
Bonifacio and Chino Roces bridge, to name a few, were 
designated as freedom parks yet hardly fit as real freedom 
parks within the contemplation of BP 880, Edsa Gas the last 
venue where freedom fighters expressed their grunts and 
grievances against the government b u t ,  unfortunately, is now 
insulated from being used by freedom loving citizens. 
Clearly, these parks have ceased to be free because law 
enforcement agencies, even in peaceful assemblies, have 
crushed the exercise, punished the freedom fighters and 
crippled their assembly. Water cannons and tear gases were 
being used to disperse peaceful gatherings in blatant 
violation of BP Blg. 8 8 0 .  
We have to stop these repressive and suppressive acts 
once and for all and punish the military and police 
personnel involved in such suppression and repression! 
Otherwise, we will wake up one of these days 'to find 
ourselves engulfed in a civil stripe, a worse scenario I 
dare not see happen again. 
When the state acts in a gestapo manner and begins to . 
.. 
muzzle the mouths and manacle the hands of its citizens 
whose only fault is to exercise their rights of free speech 
and assembly, i-t ceases t o  be called a democratic state but. 


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a fasci.st and d i c t a t o r i a l  s t a t e .  No f a s c i s t  o r  d i c t a t o r  has 
survived these days 110 ma-tter how ingrained 'the imprints of 
I 
t e r r o r  and f e a r  are i n  t h e  h e a r t s  of his people because 
freedom i s  most precious, even i f  it would c o s t  t h e  l i f e  and 
blood of t h e  people. 
I r o n i c a l l y ,  while our nation seryed as t h e  beacon of 
l i g h t  
and 
exemplar 
of 
peopie 
power 
of 
t h e  
various 
d i c t a t o r i a l  regimes all. over t h e  globe because it was t h e  
author of "People Power", 
nowadays, it has ceased t o  be 
power of t h e  people but "Powered People". 
When c i t i z e n s  a r e  taught and forced t o  act and behave, 
they become automatoiis and robots, powered by t h e  S t a t e ' s  
brutes and b r u t i s h  hands. That should iiever be permitted t o  
coiitiiiue, 
Thus, t h e  need t o  re-invigorate BP Blg. 880, i f  not 
improve, by increasing the penalty and s e t t i n g  time frames 
t o  achieve i t s  objectives and make 
t h e  freedom of 
t h e  
c i t i z e n s  
r e a l ,  
vibrant 
and 
respected 
a l l  
over 
t h e  
archipelago. 


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THIRTEENTH CONGRESS OF THE 1 
" 
REPUBLIC OF THE P H I L I P P I N E S )  
F I R S T  REGULAR S E S S I O N  
) 
SENATE 
S.B. No. 
- 
~ . . - . _. 
. 
Introduced by SENATOR ALPREDO S .  LIM 
AN ACT 
AMENDING BATAS PAMBANSA BLG: 
880, 
OTIIERWISE KNOWN AS THE PUBLIC ASSEMBLY ACT OP 
1985, TO BE KNOWN AS THE "FREEDOM OF ASSEMBLY 
, 
ACT OP 2004" 
Be 
it 
enacted 
by 
the 
Senate 
and 
House 
of 
Section 1. This A c t  s h a l l  be lrnown as the "Freedom o f  
Representatives of the Philippines in Congress assembled: 
Assembly Act of 2004". 
Section 
2 .  
Amendment of BP B l g .  
880. - 
Several 
Sections of Batas Pambansa B l g .  880, otherwise !mown as t h e  
"Public 
Assembly 
A c t  
of 
1985", 
a r e  
amended 
t o  s u i t  
contemporary t imes . 
i s  amended t o  read as follows: 
Section 3 .  Additionai Declaration of Policy.- Section 2 
Section 2 .  
Declaration of Policy.- The 
c o n s t i t u t i o n a l  r i g h t  of t h e  people peaceably 
t o  assemble and p e t i t i o n  t h e  government f o r  
r e d r e s s  of grievances is e s s e n t i a l  and v i t a l  
t o  t h e  s t r e n g t h  and s t a b i l i t y  of t h e  S t a t e .  T o  
t h i s  end, t h e  S t a t e  s h a l l  ensure t h e  f r e e  
e x e r c i s e  of such r i g h t  without prejudice t o  
the r i g h t s  of 
o t h e r s  t o  l i f e ,  l i b e r t y  and 
equal p r o t e c t i o n  of 
the law. Likewise, 
t h e  
S t a t e  s h a l l  impose severe punishment on p u b l i c  
o f f i c e r s  , wh,o s h a l l  engage i n  t h e  suppression 
and repression of the exercise of such r i g h t s .  
Section 4 .  Additional Definition of Terms.- I n  addition 
t o  subparagraphs 
(a) t o  ( d )  i n  Section 
3 
of 
BP 
880, 
subparagraph ( e )  i s  hereby added t h e r e t o .  Thus: 
Section 
3. 
Definition of terms.' 
For 
( a )  x x x 
( b )  x x x 
( d )  x x x 
purposes of t h i s  A c t :  
( c )  x x x 


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( e )  Suppression shall mean the stoppage, 
, ,  
termination, abatement or dispersal of any 
existing or ongoing peaceful public assembly 
as defined in subparagraph (a) above by any 
member of the AFP, para-military units, member 
of the PNP, peace officer, barangay tanod or 
any public officer performing police duties 
and/or upon orders of their superior officers 
or any local official of the locality. 
(f) Repression 
shall be any act that 
restrains, subdues or prevents the holding of 
any public assembly committed by any member of 
the AFP , para-military units, members of the 
PNP, peace officer, baranyay tanod or any 
public officer performing police duties and/or 
upon orders of their superior officers or- any 
local official of the locality, including the 
refusal of the Mayor or any ,of his legal 
successor to issue any permit. 
, .  
Section 5 .  P o l i t i c a l  R a l l i e s ,  I n c l u d e d .  - Section 4 is 
hereby amended to read as follows: 
Section 4. P e r m i t  when r e q u i r e d  a n d  when 
not r e q u i r e d .  - A written permit shall be 
required for any person or persons to organize 
and hold a public assemhly 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 
entitied to its legal possession is required, 
or in the campus of government-owned and 
operated educational institution which shall 
he subject to the rules and regulations of 
said 
educational 
institution. 
Political 
rallies and meetings shall also be covered by 
this Act provided they are held during 
election campaign periods as provided by law. 
Section 6 .  A d d i t i o n a l  P r o h i b i t e d  Acts.- In addition to 
the Prohibited Acts enumerated under Section 13, there shall 
be added three (3) prohibited acts specifically directed 
abainst members of the AFP, para-military units, members of 
the PNP, peace officers, barangay tanods or any public 
officer performing police duties and/or upon orders of their 
superior .officers or any local official of the locality and 
the 
Municipal 
or 
City 
Mayors, 
namely: 
suppression, 
repcession and failure to designate freedom parks in their 
respective localities. Thus, Sec. 13 is amended to read as 
follows : 
Sec. 13. P r o h i b i t e d  A c t s . -  The following 
shall constitute violations of this Act: 
( a )  x x x 
(b) x x x 
(c) x x x 
(d) x x x 


( e )  x x x 
( f )  x x x 
( g )  x x x 
(1) x x x 
(2) x x x 
( 3 )  x x x 
( 4 )  x x x 
( 5 )  x x x 
( h )  
Suppression 
a s  
defined 
under 
subparagraph ( e )  of Sec. 3; and, 
( i )  Repression 
a s  
defined 
under 
subparagraph ( f )  of Sec. 3; 
{ j )  Failure of 
t h e  C i t y  or Municipal 
Mayors t o  e s t a b l i s h  a 
freedom park or t o  
subinit its compliance and data thereof w i t h  
t h e  
Department 
of 
I n t e r i o r  
and 
Local 
Government a s  mandated under Section 6 hereof. 
Section I .  Additional Penaities.- 
In addition t o  t h e  
p e n a i t i e s  provided f o r  i n  Section 14, t h e  p e n a l t i e s  f o r  
suppressi.on, repression 
and f a i l u r e  t o  designate freedom 
parks a r e  hereby added t h e r e t o .  
Sec. 1 4  i s  thus hereby 
amended t o  read a s  follows: 
Section 14. Penalties.- Any person found 
g u i l t y  and convicted of any of t h e  prohibited 
a c t s  defined 
i n  t h e  immediately 
preceding 
s e c t i o n  s h a l l  be punished a s  follows: 
( a )  x x x 
( b )  x x x 
( c )  x x x 
!d) x x x 
( e )  v i o l a t i o n s  of 
subparagraph 
( h )  of 
Section 
13 
hereof 
shall 
be 
punished 
by 
imprisonment of two years and one day t o  s i x  
y e a r s '  as w e l l  a s  perpetual d i s q u a l i f i c a t i o n  
from holding any public e l e c t i v e  o r  appointive 
, o f f i c e ;  
( c )  v i o l a t i o n s  of 
subparagraph ( i )  of 
Section 
1 3  
hereof 
s h a l l  
be 
punished 
by 
imprisonment of 
three years and one day t o  
e i q h t  
years 
a s  
well 
a s  
perpetual 
d i s q u a l i f i c a t i o n  
from 
holding 
any 
public 
e l e c t i v e  or appointive o f f i c e .  
( d )  v i o l a t i o n s  of 
subparagraph 
( 1 )  of 
Section 
13 
hereof 
s h a l l  
be 
punished 
by 
imprisonment of t w o  years and one day t o  s i x  
years a s  well. a s  perpetual d i s q u a l i f i c a t i o n  
from holding any public e l e c t i v e  o r  appointive 
off i c e .  
Section 8 .  Establishment of Freedom Parks.- The duty of 
l o c a l  governments t o  e s t a b l i s h  freedom parks a s  f i x e d  i n  
Section 1 5  of BP Bly. 880 i s  hereby mandated and must be 


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* completed not l a t e r  s i x  ( 6 )  months from e f f e c t i v i t y  hereof. 
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To insure compliance hereof, t h e  chief executive of l o c a l  
governments 
must submi.t. t h e  d e t a i l s  as t o  a r e a ,  
exact 
location and location map of the freedom parks so designated 
t o  the Department of 
I n t e r i o r  and Local Government 
not 
Later. than 
t e n  
( 1 0  ) 
months 
from 
ef € e c t i v i t y  hereof, 
furnishing copies t o  t h e  Department o€ National Defense, 
Philippine 
National 
Police and 
the 
National Bureau 
o f  
investigatidn. 
Section 9 .  Repealing Clause.- A l l  laws, decrees, l o c a l  
ordinances. inconsistent 
herewith ' a r e  
hereby 
repealed, 
modified or amended accordingly. 
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Sec-l:iori 1 0 .  Effecti.vity.- T h i s  A c t  s h a l l  take e f f e c t  
upon its approval.