Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1019

HOUSE BILL No.

Introduced by Reps. TEODORO A. CASINO and NERI JAVIER COLMENARES

EXPLANATORY NOTE

Many protest rallies would have been otherwise peaceful were it not for their violent dispersal by
police forces. Every year, the persisting trend has been the police disruption of rallies that should have
radically ebbed following the ouster of the Marcos dictatorship.

Why the very act of persons bearing placards, flags and streamers assembling in one place should elicit
police reprisal is an issue that should be addressed. The presence of the religious sector in rallies has
been no guarantee for the peaceful practice of the freedom of expression.

More often than not, authorities invoke the “No Permit, No Rally” rule to justify the dispersal of
rallies. The Marcos-period Batasang Pambansa Bilang 880 has been the convenient excuse fot state
forces to suppress otherwise peaceful demonstrations, effectively curtailing the basic constitutional
sights to assembly, free speech and petition of government for redress of grievances.

This bill repeals the Marcosian relic Batasang Pambansa 880. It seeks to ensure the untrammeled
exercise of civil 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 essential and vital to the individual and the collective strength and stability of
the nation.

Immediate approval of this measure is earnestly sought.

Approved,

Aral
RER. TEODORO A. CASINO

Bayan Muna Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1019

Introduced by Reps. TEODORO A. CASINO and NERI JAVIER COLMENARES

AN ACT

STRENGTHENING THE RIGHT OF THE PEOPLE TO FREE EXPRESSION,
PEACEABLY ASSEMBLE AND PETITION THE GOVERNMENT FOR REDRESS OF

GRIEVANCES, REPEALING BATAS PAMBANSA BILANG 880.
AND FOR OTHER PURPOSES

SECTION 1. Title, - This law shall be known as “he Freedom of Expression Act of 2010.”

SECTION 2. Declaration of Policy. ~ The constitutional rights of the people peaceably to
assemble and petition the government for redress of grievances through all medium and means of
expression are essential and vital to the individual and 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.

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

fe

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

. “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 any 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, including picketing and other concerted action in strike areas by workers and
employees resulting from a labor dispute as defined by the Labor Code, its implementing
rules and regulations; 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, however, that the
declaration of policy as provided in Section 2 of this Act shall be faithfully observed.

. “Public place” shall include any highway, boulevard, avenue, road, street, bridge or

other thoroughfare, park, plazz, square, and/or any open space of public ownership
where the people are allowed access.


4. “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.

SECTION 4. No permit required. - No permit shall be requited for any person ot persons to
organize and hold a public assembly in a public place. The organizers and leaders of the public
assembly shall however be responsible for the orderly and peaceful conduct of the same s0 as to
produce the least inconvenience to the community without injuring or endangering the health or
safety of others, or totally obstructing or interfering with the free passage of any public highway or
street or any body of water. PROVIDED, the leaders and organizers of a public assembly shall police
the ranks of the demonstrators in order to prevent non-demonstrators from disrupting the lawful
activities of the public assembly, and to take positive steps that demonsteators do not molest any
person or do any act unduly interfering with the rights of other persons not participating in the public
assembly. PROVIDED FURTHER, should the 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 on his behalf may, to prevent grave public inconvenience, 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.

SECTION 5. 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 two hundred (200) meters away from the area of activity to readily
maintain peace and order at all times.

SECTION 6. 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 tights
peaceably to assemble and to freedom of expression is primordial. Towards this end, law enforcement
agencies shall observe the following guidelines:

1, Members of the law enforcement contingent who deal with the demonstrators shall be in
complete uniform, with theit 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” as herein defined;

2. 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 ot ankle high shoes with shin guards; and

3. Tear gas, smoke grenades, water cannons, or any similar anti-tiot device shall not be used
unless the public assembly is attended by actual violence or deliberate destruction of
property.


SECTION 7. No dispersal of public assembly. — No public assembly shall be dispersed unless a
public assembly has become actually violent and only under the following considerations:

1

‘At the first sign of impending violence, the ranking officer of the law enforcement
contingent shall call the attention of the leaders of the public assembly and ask the latter
to prevent any possible disturbance;

If actual violence starts to a point where rocks or other harmful objects from the
participants are thrown at the 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 will be dispersed

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 another warming to the participants of the public assembly;

Isolated acts or incidents of disorder or breach of the peace during the public assembly
shall not constitute a ground for dispersal; and

No public assembly shall be dispersed without the consent of the leaders or organizers
thercof unless there is clear and convincing evidence of grave public inconvenience or
serious or undue interference with the free flow of commerce and trade. In any event, no
member of any law enforcement agency or any person shall fire his or her firearms in the
dispersal of a public assembly.

SECTION 8. Immunity from arrest and taxation. ~ In order to give fullest protection to the right
of the people to expression, peaceably assemble and petition the government for redress of

grievances:

1.

No person can be punished or held criminally liable for participating in or attending a
public assembly;

No leader, organizer or participant shall be arrested during the public assembly; and

No tax shall be imposed upon any means or media used and owned by private individuals
for expression as defined herein.

SECTION 9. Penalties. ~ Any person found guilty of violating any provision of this Act shall suffer
imprisonment of seven (7) years and perpetual disqualification from public office.

SECTION 10. Freedom days. — Every city and municipality in the country shall endeavor to
coordinate with people’s organizations and cause-oriented groups before the dates fixed for
commemorating historic or socially relevant events so that traffic re-routing plans are laid down and
publicized for the information of the public.

SECTION 11. Constitutionality. — Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected thereby.


SECTION 12. Repealing Clause. ~ All laws, decrees, letters of insteuctions, resolutions, orders,
ordinances or parts thereof which are inconsistent with the provisions of this Act, particularly Batas
Pambansa Bilang 880, are hereby repealed, amended, or modified accordingly.

SECTION 13. Effectivity. ~This Act shall take effect twenty (20) days after its publication in a
newspaper of general circulation.

Approved,