'04 
NOV -4 
P6:42 
THIRTEENTH CONGRESS 
First Regular Session 
REPUBLIC OF THE 
r- 
f{gQ=i&m3 BY :
-
a
 
SENATE 
But frustratingly, the 
disturbing documented reports 
protesters exercising liberty of s 
dispersal in the guise of rnaxirium 
Introduced by SENAT R JINGGOY EJERCITO ESTRADA 
I. 
opposite is shown in recent events as follows: 
of harassment and violence committed against 
xech; excessively antagonistic practice of crowd 
tolerance; gradually increasing volume of 
It has been eighteen 
fought democratic form of 
yet, the nation seems to 
harbingers and 
rights and privileges. 
ears since the restoration of the long and hard 
has been installed in our bureaucracy and 
palpable and ostentatious symptoms of 
Press and Assembly, which are the 
deterioration in our 
procurement of hi-tech weapo 
aggressive police intervention 
most especially, the diminish 
peaceably assemble for redr 
besmirched our glorious legacy 
It is for this reason tha 
speech, free press and right to 
As compared to the lifes an of every emerging democratic system, this is 
the period when all paramo nt values of democratic existence are at its 
formative years where the 
overnment, should be cultivating the very 
foundation beneficial tu its deve oprnent and stability. 
s 
s in the government's crowd dispersal arsenal; 
ven in peaceful prayer vigils and rallies; and 
ng democratic space where our people can 
ss of grievance, which in effect, has quite 
f People Power. 
the constitutional provision guaranteeing free 
ublic assembly has to be fortified by enacting a 


measure enshrining such liberties 
The Public Assembly Act is 
institutionalizing the creation of 
rigid penalties for violations of 
peacekeeping contingent in the 
as well; and providing for clear-c 
The Philippines is now w: 
dominance, and unless actions a 
will never enjoy the benefits and 
at its peak. 
The curtailment of the 
far beyond those whose rights 
heart and core of our democratic 
learn from our obstinacy. 
For this compelling reascn, 
therefore sought by this Represer 
vital to the our nation’s democratic survival. 
hereby revitalized to include: efficient means in 
freedom parks in the entire archipelago; more 
the provisions of this Act not only against erring 
conduct of dispersal, but against public officials, 
It rules in the issuance of ralIy permits. 
tnessing the impending shadow of martial law 
:e undertaken by the current regime, the nation 
fruits of a fully-ripened democracy, flourishing 
freedom of assembly has an impact that transcends 
were restricted, but it goes and strikes at the very 
system. Let us all learn from our history, let us 
immediate passage of this proposed bill is 
tation. 


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1 
'04 NOV -3 Pi5 :42 
1 
THE REPUBLIC OF THE 
THIRTEENTH CONGRESS OF 
First Regular Session 
THE PUBLIC 
Be it enacted by the Senate and Home 
assembled: 
SEC. 1. Short Title. - This 
of 2004." 
SEC. 2. Declaration of Policy. 
to extend the highest deference 
and petition the government 
Constitution. It is further declar 
such right without prejudice to 
protection of the law is essentizl 
democratic society. 
SEC.3. Definition of Terms. 
(a) "Freedom Park" shall 
public buildings and premises 
no permit shall be required for tk 
Introduced by Senat r JINGGOY EJERCITO ESTRADA 
.I 
ASSEMBLY ACT OF 2004 
of Representatives of the Philippines in Congvess 
Act shall be known as the "Public Assembly Act 
- It is hereby declared the policy of the state 
o the right of the people peaceably to assemble 
for redress of grievances as enshrined in the 
:d the policy of the state that the free exercise of 
the rights of others to life, liberty and equal 
and is considered one of the hallmarks of a 
- For purposes of this Act: 
mean any place or location such as parks, roads, 
where public assemblies are usually held in which 
e holding of the same; 
(b) "Maximum tolerance" 
eans the highest degree of restraint that the 
military, police and other peace 
authorities shall observe during a public 
assembly or in the dispersal 


(c) "Modification of permi 
11 include the change of the place and time of 
he parade or street march, the volume of 
her similar changes; 
the public assembly, rerouti 
loudspeakers or sound syste 
(d) "Lawful cause" shall 
the legitimate justification for the refusal of 
cular local government unit, or any officer 
due to the fact that the mass action presents 
ial evil that endangers the public welfare. 
any chief executive officer 
acting in his behalf, to issue 
a clear and present danger 
(e) "Public assembl 
procession or any other f 
for the purpose of prese 
general public on any p 
affairs whether political 
redress of grievances. 
ny rally, demonstration, march, parade, 
or concerted action held in a public place 
1 cause; or expressing an opinion to the 
or protesting or influencing any state of 
ocial; or petitioning the government for 
The procession 
, demonstrations, public meetings and 
all be governed by local ordinances: 
shall only regulate the time, place and 
shall not in any way deny the lawful 
assemblages for religi 
Provided, however, That 
location of the propos 
exercise of such right. 
(4 "Public place" shall 
street, bridge or other thoroughf 
of public ownership where the 
(g) "Repressioiz" shall be 
holding of any public assembly 
police, peace officer, barangay 
duties upon orders of their supeaior 
which would include the refusal 
representative to issue any permit 
Mass actions governed by 
and other labor-related laws, rule 
Labor Code of the Philippines, as amended 
regulations are not included in this Act; 
include any highway, boulevard, avenue, road, 
re, park, plaza, square, and/or any open space 
people are allowed access; 
any act that restrains, subdues or prevents the 
committed by any member of the military, 
tanod or any public officer performing police 
officers or any local official of the locality, 
of the local chief executive or his official 
without any lawful and justifiable cause; and 


(h) "Suppression" shall n 
dispersal of any existing or ongc 
the military, police, peace of 
performing police duties upon 
official of the locality. 
SEC. 4. Permit when reqz 
shall be required for any pers 
assembly in a public place. HOT 
assembly shall be done or mac 
ordinance, implementing rules I 
case only the consent of the ow 
required, or in the campus of i 
institution which shall be subjec 
institution: Provided, however, T' 
related shall not be covered by 
Election Code of the Philipp 
regulations. 
SEC. 5. Application reqt 
comply with the following guide 
(a) The application 
the leader 
responsibilii 
action; the F 
streets to 
participants, 
other parap 
in connectio 
(c) The applicatior 
executive < 
jurisdiction 
I 
3 
ean the stoppage, termination, abatement or 
ng peaceful public assembly by any member of 
icer, barangay tanod or any public officer 
orders of their superior officers or any local 
'red and when not required. - A written permit 
In or persons to organize and hold a public 
ever, no permit shall be required if the public 
in a freedom park duly established by law, 
nd regulation or in private property, in which 
ter or the one entitled to its legal possession is 
government-owned and operated educational 
to the rules and regulations of said educational 
at mass actions or activities that are election- 
:he provisions of this Act but by the Omnibus 
nes and pertinent election laws, rules and 
:rements. - All applications for a permit shall 
ines: 
, shall be in writing stating the names of 
or 
organizers; their 
duties 
and 
es in relation to the conduct of the mass 
irpose; date, time and duration; places or 
be 
utilized; estimated number 
of 
vehicles; public address systems; and 
ernalia and equipment that will be used 
t to the conduct of the public assembly; 
shall be filed with the office of the chief 
f the local government unit having 
ver the location where the mass action or 


4 
place at least three (3) working days 
be posted in at least 
SEC. 6. Action t o  be take 
of the chief executive of the local 
or his officiaI representative to issue 
unless there is clear and convincing 
public assembly will create a clear 
r to public welfare; 
his official representative shall act 
within two (2) working days from 
ation was filed, failing which, the 
emed granted. Should for any 
xecutive or any of his official 
to accept the application for a 
tion shall be posted by the 
ises of the office of the chief 
eemed to have been filed; 
(c) If there is 
and grave danger of a substantive 
chief executive shall immediately 
the denial or modification of the 
who must be heard on the 
matter. 
(d) The action on 
e permit shall be in writing and served 
within twenty-four hours; 
or his official representative 
modifies the terms thereof in 


5 
SEC. 7. Modij?cation of 
proposed public assembly involve 
any public highway, boulevard, 
or his official representative 
designate the route thereof whicii 
vehicular traffic to another 
interference with the free flow of 
proposed rerouting or modificat'on 
not diminish or render ineffective 
originally intended. 
SEC. 8. Responsibility 
responsibility of the leaders and 
to take all reasonable measures 
action shall be conducted peacefully 
and the rule of law. 
pplicant may contest the decision 
ry proceeding before the Regional 
cognizance over the same; 
ded within twenty-four (24) hours 
. Cases filed hereunder shall be 
sed to the executive judge for 
absence, to the one next in rank; 
ase by the Regional Trial Court 
executory even pending appeal. 
proposed locations or routes - Should the 
the use, for an appreciable length of time, of 
avenue, road or street, the local chief executive 
nay, to prevent grave public inconvenience, 
is convenient to the participants or reroute the 
direction so that there will be no serious or undue 
commerce and trade: Provided, however, That the 
in the itinerary stated in the application shall 
the purpose for which the mass action was 
of 
organizer. - It shall be the duty and 
organizers of a public assembly or mass action 
so that the intended public assembly or mass 
in accordance with the terms of the permit 
These shall include but n be limited to the following: 
(a) To inform the articipants of their responsibility under 
the permit; 


(b) To police the 
prevent 
lawful activit:es 
(c) To maintain a 
officials and 
safe and peaceful 
(d) To comply witk 
permit; and 
(e) To institute 
guards that the mass action shall not 
with other people's rights and the 
6 
r;inks of the demonstrators in order to 
non-demonstrators from disrupting the 
of the public assembly; 
constant dialogue with local government 
law enforcement entities to ensure the 
conduct of said mass action; 
the terms and conditions stated in the 
SEC. 9. Presence of law 
entities shall not interfere with 
adequately ensure public safety, 
command of a responsible police 
at least one hundred (100) 
maintain peace and order at all 
SEC. 10. Police action- 
agencies, when their assistance 
perform their duties always 
protection to those exercising their 
of expression is primordial. 
Towards this end, law 
guidelines: 
(a) Members of the 
with the 
with their 
displayed 
enforcement contingent. - Law enforcement 
the holding of a public assembly. However, to 
a law enforcement contingent under the 
officer shall be detailed and stationed in a place 
merers away from the area of activity ready to 
tines. 
It shall be imperative for law enforcement 
is requested by the leaders or organizers, to 
mindful that their responsibility to provide proper 
right peaceably to assemble and the freedom 
erforcement agencies shall observe the following 
law enforcement contingent who deal 
demonstrators shall be in complete uniform 
nameplates and units to which they belong 
p.:ominently on the front and dorsal parts 


and must observe the policy of 
" as defined under this Act; 
enforcement contingent shall not 
arms within a one hundred (100) 
the area of activity; Within this 
aid law enforcement contingent 
y with the prescribed and 
iform armor, paraphernalia 
and 
ed anti-riot or mass dispersal 
s shall only be used as a last 
action presents a clear and 
bstantial evil that threatens 
with permit. - No public assembly 
e dispersed. However, when an 
entities may disperse such public 
assembly as follows: 
ding violence, the ranking 
ent contingent shall call the 
e public assembly and ask 
sible disturbance; 
int where rocks or other 
rticipants are thrown at 
ipants, or causes any 
ing officer of the law 
audibly warn the 
e persists, the public 


8 
isturbances prevailing as stated in the 
ragraph should not stop or abate, the 
of the law enforcement contingent 
ue a warning to the participants of 
bly, and after allowing a reasonable 
lapse, shall immediately order it to 
11 be used by law enforcement 
rganizer or participant shall also 
e public assembly unless he 
embly a law, statute, ordinance 
is Act. Such arrest shall be 
of the Revised Penal Code, as 
of disorder or breach of the 
assembly shall not constitute 
without permit. - When the public 
permit is required, the said public 
- The following are additional 
prohibited acts: 
assembly by any leader or 
g first secured that written 
re a permit is required from the 
ned, or the use of such 
in any place other than 
: Provided, hozuever, That no 


I
9
 
person can be 
participating 
assembly; 
(b) Arbitrary and 
permit in vi0 
local chief 
punished or held criminally liable for 
in or attending an otherwise peaceful 
unjustified denial or modification of a 
ation of the provisions of this Act by the 
executive or his official representative; 
(c) The unjustifiec 
acknowledge 
the local chie.! 
(d) Repressing, 
disrupting 0 :  
such as firc 
the like; 
and arbitrary refusal to accept or 
receipt of the application for a permit by 
executive or his official representative; 
suppressing, 
obstructing, 
impeding, 
otherwise denying the exercise of the 
(g) The malicious 
in connec! 
assembly; a 
right to peaceful 
(e) The unjustified 
any law 
attempt to 
(f) The carrying of 
(h) The interferin 
holding of a 
vehicle, its hor 
assembly; 
discharge of firearms by a member of 
enforcement agency or any person in an 
disperse the public assembly; 
a deadly or offensive weapon or device 
SEC. 14. Penalties. - An 
any provision of this Act shall 1 
(6) years and one (1) day to twe 
~rm, bladed weapon, pillbox, bomb, and 
lestruction of public and private property 
in with the conduct of the public 
d 
with or intentionally disturbing the 
ublic assembly by the use of a motor 
j and loud sound systems. 
person found guilty and convicted of violating 
? punished with imprisonment ranging from six 
.e years (12) or a fine not less than fifty thousand 


pesos (I’hp 50,000.00) but not 
100,000.00) or both at the discretion 
to public officials and employees 
Act without prejudice to the filing 
them. 
SEC. 15. Freedom Parks. - 
park in every municipality, city 
designated under the Implementi 
The designation of said 
or locations that have traditional-~y 
historical significance to the polit 
such as safety, convenience and 
local government units may desiqnate 
SEC. 16. Implementing 
and Local Government, in 
promulgate the implementin 
the effectivity of this Act. 
and regulations. - The Department of Interior 
ltation with local government units shall 
and regulations within six (6) months from 
SEC. 17. Separabili 
declared invalid or uncons 
provisions shall not be affe 
e. - Should any provision of this Act be 
the validity or constitutionality of the other 
SEC 18. Repealing c 
all other laws, decrees, le 
parts thereof which are i 
hereby repealed, amende 
Pambansa Bilang 880 is hereby repealed, 
tions, resolutions, orders, ordinances or 
the provisions of this Act are likewise 
n.ore than one hundred thousand pesos (Php 
of the court. This penalty shall equally apply 
iound guilty for violating the provisions of this 
of any administrative or civil suits against 
There is hereby created at least one (1) freedom 
and province throughout the nation to be 
ig Rules and Regulations of this Act. 
freedom parks shall take into consideration places 
hosted mass actions or public assemblies, its 
cal life of the locality, and other considerations 
accessibility to the public. Local sangguninns of 
additional freedom parks. 
SEC. 19,Effectivity. - T 
following the completion of its 
least two (2) newspapers of 
Act shall take effect after fifteen (15) days 
either in the Oficial Gazette or in at 
Approved,