Republic of the Philippines
HOUSE OF REPRESENTATIVES
SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3789

Introduced by BAYAN MUNA Rep. Carlos Isagani Zarate

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

EXPLANATORY NOTE

Many protest rallies would have been otherwise peaceful were it not for their violent
dispersal by state security forces, particularly the police. Every year, the persisting
trend has been the police disruption of rallies that should have tadically 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 rall cos-petiod Batasang Pambansa Bilang 880 has been the
convenient excuse for state forces to suppress otherwise peaceful demonstrations,
effectively curtailing the basic constitutional rights to assembly, free speech and
petition of government for redress of grievances,

‘This bill repeals the Marcosian relic Batasang Pambansa 880. It is an enhanced
version of House Bill No. 3668 that Bayan Muna filed in the 16" Congress. ‘This Bill
secks to ensure the untrammelled of civil rights without unnecessary and
unreasonable impediments, Its underlying premise is basic: the constitutional tights of

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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,

,
ane Ce RN Ts ZSRTE

* Bayan Muna Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
SEVENTEENTH CONGRESS

First Regular Session

House Bill No, 8789

Introduced by BAYAN MUNA Rep. Carlos Isagani Zarate

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 the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title.—this Act shall be known as the
of 2016.”

-v Public Assembly Act

SEC. 2. Declaration of Policy.—tt is the policy of the Senate to ensure that the
people can freely exercise their right to free speech, of expression, to peaceably
assemble, and petition the Government for redress of grievances, without prejudice to
the rights of others to life, liberty, property, and to equal protection of laws.

These fundamental rights of the people a nntial and vital to the collective
strength and stability of the nation, ‘Towards this end, the State shall ensure the free
: of such tights without the unnecessary and unreasonable impediments
tsoever,

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

1) “Expression” tefers to any statement of opinion 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
medi

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

3) Maximum Protection refers t the highest degree of protection that the military,
police, peacekeeping and law enforcement authorities are required to observe during a
public assembly including the in the dispersal of the sam

4 Public Assembly refers to any rally, demonstration, match, parade, procession,
or any other form of mass or concerted action held in a public 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 ot program of the
government whether political, economic, or social, ot (4) petitioning the government
for redress of grievances,

5) Public Place refers to any highway, boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, and/or any open space of public ownership
where the people ate allowed ace:

SEC. 4. Assemblies not Included in the Coverage. -- The processions, rallies,
parades, demonstrations, public meetings, and assemblages for religious purposes
shall be governed by local ordinances: Provided, however, ‘That Section 2 of this Act is
faithfully observed: Provided, further, That public assembly does not include picketing
and other concerted action in strike areas by workers and employees resulting from a
labor dispute as defined by Presidential Dectee No. 442, otherwise known as “Labor
Code of the Philippines,” and its amendments in Batas Pambansa Bilang 227,
implementing rules and regulations: Provided, finalhy, That political meetings or rallies
allowed and held during election campign periods, as provided for by lav, are not
covered by this Act.

SEC. 5. Notice of Public Assembly.—Any person ot group who intends to
: and hold a public assembly in a public place shall give notice to the city or
s to be

organi
municipal mayor who was jurisdiction over the place where the assembly
held,

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

(@) A freedom park duly established by law ot otdinance;


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

(©) Inthe campus of a government-owned and operated educational institution,
subject to its rules and regulations.

SEC. 6. Notice Requirements. — Noti
following guidelines:

shall be given in accordance with the

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

(1) Name of leader or organizer;

(2) Purpose of the public assembly;

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

(4) Estimated number of participants; and

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

(b) The notice incorporates an undertaking by the leaders or organizers of the public
assembly of their duties and responsibilities in accordance with Section 8 of this Act

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

(@ 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 the municipal building; and

(© Incase the mayor o any official acting on behalf of the city or the municipal
mayor refuses to accept the notice, the leader or organizer of the public assembly shall
post the notice on the office of the mayor and the mayor shall be demed duly served

SEC. 7. Action to Enjoin the Public Assembly, - (a) If thete is clear and
convincing evidence based on personal knowledge that the public assebmly will create
a clear and present danger to public order, public safety, public morals or public
health, the city or municipal mayor may file an action before the appropriate regional
trial court to enjoin the holding of the public assembly.

(b) ‘The action with the regional trial court shall be filed within two (2) working days
from the date the notice was given otherwise the action is barred.

(©. Before the filing of the action with the regional trial court, the city ot the
municipal mayor shall first inform the leaders or organizers in ‘writing of the intent to

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file the action, citing the evidence gathered or the clear and present danger posed by
the holding of such assembly, and to discuss of negotiate the possible causes of action
that may be taken to address the issue, protest or petition that is the subject of the
assembly, The leaders or organizers shall appeal before the regional trial court to
argue andpresent their own evidence,

@ Thed gional trial court may be appealed to the appropriate
apellate court within forty-eight (48) hours after the receipt of the decision. No appeal
bond or record on appeal shall be required. A decision denying the prayer to enjoin

the public assembly shall be immediately executory

(©) Allaction filed in court pursuant to this Section shall be decided by the regional
trial court within twenty-four (24) hours from date of filing. For this purpose, the case
shall be immediately endorsed to the executive judge o, in the absence of the
executive judgem to the judge in rank, for disposition,

(In all cases, the decision may be appealed to the Supreme Court.

(@ ‘Telegraphic appeals as mentioned in paragraph (i) Section 6 of the “Public
Assembly Act of 1985”, to be followed by formal appeals are allowed,

(h) The failure of the regional trial court to render a decision within the prescribed
petiod shall not be a basis against the holding of such assembly,

‘The filing of an action in court shall not be limited to one party alone. ‘The mayor ot
the organizer who is aggrieved in negotiation on any matter, and has a cause of
action, shall not be barred from filing an action in court,

SEC. 8. Use of Public Throughfare.—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, or trade, or
designate a route for the conduct of the public assembly to prevent grave public
inconvenience. In case of the second option, prior notice shalll be given to the leaders
and organizers.

SEC. 9. Responsibility of Leaders and Organizers.—The leaders and organizers
of a public assembly, They shalll execute an undertaking to be incorporated in the
notice mentioned under Section 5 and 6 of this Act, The undertaking states the
following:



@)_ To inform the participants of their respon:
ordinances

bility under applicable laws and

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

and law enfore

(©) To confer with local offici 's for a public assembly;

(@) To ensure that the public assembly does not go beyond the time stated in the
notice, and

(©) To ensure that participants of the public assembly respect the tights of non-
participants,

SEC. 10, Non-interference by Law Enforcement Authorities and Private
Individuals.—Vhe military, police, peacekeeping and law enforcement authorities,
andp erson of groups who do not agree with the purpose of the public assembly, shall
not interfere with the conduct of the public assembly.

Upon the request by leaders or organizers of the public assembly, a law enforcement
contingent under the command of a responsible police officer may be detailed and
posiioned at least one hundred (100) meters away from the main area of assembly;
‘The request shall be made for protection of the participants of the public in general.

SEC. Il. Police Assistance When Requested.—It shall be the primordial duty of
the members of law enforcement contingent mentioned in Section 10 of this Act to
protect participants of public assumbly and oth public in general. ‘The members of the
law enforcement contingent shall observr the following guidelines and rules of
conduct:

(@)_ Members of the law enforcement contingent shall wea t their complete and
official uniform with nameplates and unit numbers fusplayed prominently on the
front and dorsal parts of the uniform. Crash helmets with visor, gas masks, boots of
ankle high shoes with shin guards may be used;

(b) Maximum protection shall be observed at all times;

(© Member
except batons or tiot sticks

of the law enformement contingent shall not catty any kind of firearms
s and shields; and



(@) Members of the law enforcement contingent shall not use tear gas, smoke
gtenade, 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 act or incidents of disorder or breach of the peace during the public
assembly does not constiture a ground 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 the public assembly. When
the public assembly turns violent, creates actual danger to public otder, public safety,
public morals or public health, or actually causes grave public inconvenience, iy may
be peacefully dispersed.

SEC. 13, Prohibited Acts—The following acts are prohibited:

(@)_On the part of the leaders and organizers of the public assembly, the holding of a
public assembly wihtout notice when such notice is required. No person may be
punished or held criminally liable for participating in or attending an otherwise
peaceful assembly,

(b) On the part of the mayor or any other official acting on the mayor's behalf, the
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

(6). The carrying of any kind of firearm by any member of the police or other law
enforcement agency, or by any military personnel within 100 meters of the public
ssembly ot on the occasion thereof. On the part of the military, police, peacekeeping
and law enforcement authorities, the firing of firearms to disperse the public
assembly or the commission of acts in the violation of Section 11 of this Act.

(@) On the part of any person, obstructing, impeding, disrupting or otherwise
denyting the exercise of the right to peaceful assembly, such as the use of motor
vehicles, their horns, and loud sound systems within one hundred (100) meters from
the area of the public assembly, with the intention to interfere or disturb their free
exercise of the right to peaceably assembly or other action penalized under the
Revised Penal Code and other special laws on the illegal possession of firearms and
deadly devices.



SEC. 14, Penalties.—The following penalties shall be imposed to any person found
guilty of violating Section 13 of this Act:

(a) Public censure for violation paragraph (a);
Paragrap!

(b) Prision correcional for violation of paragraph (b), paragraph (), and paragraph (d). If
the violation of paragraph (4) constitutes the carrying of firearm, the penalty for
violation thereof is without prejudice to presecution under Presidential Decree No.
1866, entitled “An Act Codifying the Laws on Illegal/Unlawful Posession
Manufacture, Dealing in Acquisition of Firearms, Ammunition or Explosives o
Instruments used in the Manufacture of Firearms, Ammunition, or Explosives and
Imposing Stiffer Penalties for Certain Violations Thereof and for Relevant

Purposes.”

SEC. 16. Freedom Parks.—Every city and municipal mayor shall, within six (6)
minths 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
jurisdiction 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.

Free access to the designated freedom parks are provided to persons of groups
exerciing their right to peaceful assembly under the provisions of this Act,

SEC. 17. Rules of Construction. Any doubt in the interpretation of any provision
of this Act is resolved in favor of strengtheing 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 the
Department of the 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 sixty (60) days from the
effectivity of this Act.

SEC. 19. Separability Clause.—In case any provision of this Act is declared invalid
or unconstitutional, the validity or constittutionality of the other provisions are not
affected thereby.

SEC. 20. Repealing Clause.—Batas Pambansa Bilang 880 is hereby repealed, All
other laws, decrees, letters of instructions, resolutions, orders, otdinances, ot parts
thereof which ate inconsistent with the provisions of this Act, particularly the Revised



Penal Code and Presidential Decree No. 1866, are hereby repealed, amended, or
modified accordingly.

SEC. 21. Effectity.—This Act shall take effect fifteen (15) days after its publication
in the Offdial Gazette or in a newspaper of general circulation,

Approved,

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