FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1065

EXPLANATORY NOTE

It has been eighteen (18) years since the restoration of the long and
hard fought democratic form of government has been installed in our
bureaucracy and yet, the nation seems to be manifesting palpable and
ostentatious symptoms of deterioration in our Freedom of Speech, Press and
Assembly, which are the harbingers and hallmarks of all our democratic rights
and privileges.

As compared to the lifespan of every emerging democratic system, this
is the period when all paramount values of democratic existence are at its
formative years where the government, should be cultivating the very
foundation beneficial to its development and stability.

But frustratingly, the opposite is shown in recent events as follows:
disturbing documented reports of harassment and violence committed against
protesters exercising liberty of speech; excessively antagonistic practice of
crowd dispersal in the guise of maximum tolerance; gradually increasing
volume of procurement of hi-tech weapons in the government's crowd
dispersal arsenal; aggressive police intervention even in peaceful prayer vigils
and rallies; and most especially, the diminishing democratic space where our
people can peaceably assemble for redress of grievance, which in effect, has
quite besmirched our glorious legacy of People Power.

It is for this reason that the constitutional provisions guaranteeing free
speech, free press and right to public assembly has to be fortified by enacting
a measure enshrining such liberties vital to our nation's democratic survival
The Public Assembly Act is hereby revitalized to include: efficient means in
institutionalizing the creation of freedom parks in the entire archipelago; more
rigid penalties for violations of the provisions of this Act not only against erring
Peacekeeping contingent in the conduct of dispersal, but against public
officials, as well; and providing for clear-cut rules in the issuance of rally
permits.


The Philippines is now witnessing the impending shadow of martial law
dominance, and unless actions are undertaken by the current regime, the
nation will never enjoy the benefits and fruits of a fully-ripened democracy,
flourishing at its peak.

The curtailment of the freedom of assembly has an impact that
transcends far beyond those whose rights were restricted, but it goes and
strikes at the very heart and core of our democratic system. Let us all learn
from our history, let us learn from our obstinacy.

For this compelling reason, immediate passage of this proposed bill is
therefore sought by this Representative.

RUFUS B. RODRIGUEZ

Wt

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1065

House Bill No..
THE PUBLIC ASSEMBLY ACT OF 2010

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 “Public
Assembly Act of 2010”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the
state to extend the highest deference to the right of the people peaceably to
assemble and petition the government for redress of grievances as enshrined
in the Constitution. It is further declared the policy of the state that the free
exercise of such right without prejudice to the right of others to life, liberty and
equal protection of the law is essential and is considered one of the hallmarks
of a democratic society.

SEC. 3. Definition of Terms. For the purpose of this Act:

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

() 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
thereof,

() Modification of permit shall include the change of the place
and time of the public assembly, rerouting of he parade or
street march, the volume of loudspeakers or sound system
and other similar changes;


(@) Lawful cause shall mean the legitimate justification for the
refusal of any chief executive officer of a particular local
government unit, or any officer acting in his behalf, to issue a
permit due to the fact that the mass action presents a clear
and present danger of substantial evil that endangers the
public welfare.

©) 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 a
lawful 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; or petitioning
the government for redress of grievances

The procession, rallies, parades, demonstrations, public meetings and
assemblages for religious purposes shall be governed by local ordinances:
Provided however, that such ordinances shall only regulate the time, place
and location of the proposed mass action and shall not in any way deny the
lawful exercise of such right.

Mass action governed by the Labor Code of the Philippines, as
amended and other labor-related laws, rules and regulations are not included
in this Act;

) Public place shall include any highway, boulevard, avenue,
road, street, bridge or other thoroughfare, park, plaza,
square, and/or any open space of public ownership where
the people are allowed access;

(2) Repression shall be any act that restrains, subdues or
prevents the holding of any public assembly committed by
any member of the military, police, peace officer, barangay
tanod or any public officer performing police duties upon
orders of their superior officers or any local official of the
locality, which would include refusal of the local chief
executive or his official representative to issue any permit
without any lawful and justifiable cause; and

) Suppression shall mean the stoppage, termination,
abatement of any existing or ongoing peaceful public
assembly by any member of the military, police, peace
officer, barangay tanod or any public officer performing
police duties upon orders of tier superior officers or any local
official of the locality.

SEC. 4. Permit when required and when not required. A written permit
shall be required for any person or persons to organize and hold a public
assembly 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,
ordinance, implementing rules and regulation or in private property, in which
case only the consent of the owner or the one entitled to its legal possession


is required, or in the campus of a government-owned and operated
educational institution which shall be subject to the rules and regulations of
said educational institution; Provided however, that mass action or activities
that are election-related shall not be covered by the provision of this Act but
by the Omnibus Election Code of the Philippines and pertinent election laws,
rules and regulations.

SEC. 5. Application requirement. All application of permit shall comply
with the following guidelines:

(a)

(b)

()

the application shall be in writing stating the names of the
leaders or organizers; their duties and responsibilities in
relation to the conduct of the mass action; the purpose; date,
time and duration; places or street to be utilized; estimated
number of participants; vehicles; public address systems;
and other paraphernalia and equipment that will be used in
connection to the conduct of the public assembly.

The application shall be filed with the office of the chief
executive of the local government unit having jurisdiction
over the location where the mass action or activity will take
place at least three (3) working days prior to the said activity;
and

Said application shall immediately be posted in at least three
(3) conspicuous places.

SEC. 6. Action to be taken on the Application.

(a)

(b)

(c)

()
()

It shall be the duty of the chief executive of the local
government unit or his official representative to issue or
grant a permit unless there is clear and convincing evidence
that the public assembly will create a clear and present
danger to public welfare;

The chief executive or the official representative shall act on
the application within two (2) working days from the date the
application was filed, failing which, the permit shall be
deemed granted. Should for any reason, the chief executive
or any of his official representatives refuse to accept the
application for a permit, said application shall be posted by
the applicant on the premises of the office of the chief
executive and shall be deemed to have been filed;

If there is imminent and grave danger of a substantive evil
warranting the denial or modification of the permit, the local
chief executive shall immediately inform the applicant who
must be heard on the matter.

The action on the permit shall be in writing and served on
the application within twenty-four (24) hours;

If the local chief executive or his official representative
denies the application or modifies the terms thereof in his


permit, the applicant may question the decision through a
summary proceeding before the Regional Trial Court having
cognizance over the same;

) All cases shall be decided within twenty-four (24) hours from
date of filing. Cases filed hereunder shall be immediately
endorsed to the executive judge for disposition or, in his
absence, to the one next in rank; and

@ The resolution of the case by the Regional Trial Court shall
immediately be executory even pending appeal.

SEC. 7. Modification of Proposed Location or Routes. Should the
proposed public assembly involve the use, for an appreciable length of time,
of any public highway, boulevard, avenue, road or street, the local chief
executive or his official representative may, to prevent grave public
inconvenience, designate the route thereof which is convenient to the
participants or 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; Provided however, that the proposed rerouting or modification in the
itinerary stated in the application shall not diminish or render ineffective the
purpose for which the mass action was originally intended.

SEC. 8. Responsibility of Organizers. |t shall be the duty and
responsibility of the leaders and organizers of a public assembly or mass
action to take all reasonable measures so that the intended public assembly
or mass action shall be conducted peacefully in accordance with the terms of
the permit and the rule of law.

These shall include but not limited to the following:

(a) To inform the participants of their responsibility under the permit;

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

(©) To maintain a constant dialogue with local government officials and
law enforcement entities to ensure the safe and peaceful conduct of
said mass action.

(d) To comply with the terms and conditions stated in the permit; and

(e) To institute safeguards that the mass action shall not unduly
interfere with other people's rights and the exercise thereof.

SEC. 9. Presence of Law Enforcement Contingent. Law enforcement
entities 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 shall be detailed and stationed in a
place at least one hundred (100) meters away from the area of activity ready
to maintain peace and order at all times.


SEC. 10. Police action. 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 is primordial.

Towards this end, law enforcement agencies shall observe the
following guidelines:

(a)

(b)

()

Members of the law enforcement contingent who deal with
the demonstrators shall be in complete uniform with their
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
defined under this Act;

The members of the law enforcement contingent shall not
carry any kind of firearms within a one hundred (100) meter
distance from the area of activity; Within this range,
members of said law enforcement contingent shall be armed
only with prescribed and authorized uniform armor,
paraphernalia and equipment;

Authorized and prescribed anti-riot or mass dispersal
devices and mechanisms shall only be used as a last resort
when said mass action presents a clear and present danger
of a substantive evil that threatens public welfare.

SEC. 11. Dispersal of Public Assembly with Permit. No public
assembly or mass action with valid permit shall be dispersed. However, when
an assembly becomes violent, law enforcement entities may disperse such
public assembly as follows:

(a)

(b)

(©)

(@)

at the first sign of impending violence, the ranking officer of
the law enforcement contingent shall call the attention of the
leader 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 police
or at non participants, or causes any damage to 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 disturbance prevailing as stated in the
preceding subparagraph should not stop or abate, the
ranking officer of the law enforcement contingent shall
audibly issue a warning to the participants of the public
assembly, and after allowing a reasonable period of time to
lapse, shall immediately order it to forthwith disperse;

No excessive force shall be used by law enforcement units
in the dispersal;


)

0)

No arrest of any leader, organizer or participants shall also
be made during the public assembly unless he violates
during the public assembly a law, statute, ordinance or any
provision of this Act. Such arrest shall be governed by Article
125 of the Revised Penal Code, as amended; and

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

SEC. 12. Dispersal of Public Assembly without Permit. When the public
assembly is held without a permit where a permit is required, the said public
assembly may be peacefully dispersed.

SEC. 13. Additional Prohibition. The following are additional prohibited

acts:

(a)

(b)

(c)

(@)

(e)

)
@
(h)

the holding of any assembly by any leader or organizer
without having first secured that written permit where a
permit is required from the appropriate office concemed, or
the use of such permit for such purpose in any place other
than those set out in said permit: Provided however, that no
person can be punished or held criminally liable for
Participating in or attending an otherwise peaceful assembly;
Arbitrary and unjustified denial or modification of a permit in
violation of the provisions of this Act by the local chief
executive or his official representative;

The unjustified and arbitrary refusal to accept or
acknowledge receipt of the application for a permit by the
local chief executive or his official representative:

Repressing, suppressing, obstructing, impeding, disrupting
or otherwise denying the exercise of the right to peacefully
assemble;

The unjustified discharge of firearms by a member of any law
‘enforcement agency or any person in an attempt to disperse
the public assembly;

The carrying of a deadly or offensive weapon or device such
as firearm, bladed weapon, pillbox, bomb, and the like;

The malicious destruction of public and private property in
connection with the conduct of the public assembly; and

The interfering with or intentionally disturbing the holding of a
public assembly by the use of a motor vehicle, its horns and
loud sound systems.

SEC. 14. Penalties. Any person found guilty and convinced of violating
any provision of this Act shall be punished with imprisonment ranging from six
(6) years and one (1) day to twelve (12) or fine not less than fifty thousand
(P50,000.00) but not more that one hundred thousand pesos (P100,000.00)


or both at the discretion of the court. This penalty shall equally apply to public
officials and employees found guilty for violating the provisions of this Act
without prejudice to the filing of any administrative or civil suits against them.

SEC. 15. Freedom Parks. There is hereby created at least one (1)
freedom park in every municipality, city and province throughout the nation to
be designated under the Implementing Rules and Regulations of this Act.

‘The designation of the said freedom parks shall take into consideration
places or locations that have traditionally hosted mass actions or public
assemblies, its historical significance to the political life of the locality, and
other considerations such as safety, convenience and accessibility to the
public. Local sanggunians of local government units may designate additional
freedom parks.

SEC. 16. Implementing Rules and Regulations. The Department of
Local and Interior Government, in consultation with local government units
shall promulgate the implementing rules and regulations within six (6) months
from the effectivity of this Act.

SEC. 17. Separability Clause. Should any provision of this Act be
declared invalid or unconstitutional, the validity or constitutionality of other
provisions shall not be affected thereby.

SEC. 18. 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 likewise hereby repealed amended, or modified accordingly.

SEC. 19. Effectivity Clause. This Act shall take effect after fifteen (15)
days following the complete publication either in the Official Gazette or in at
least two (2) newspapers of general circulation.

Approved,