SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. RodrigAe:
Representative Maximo B. Rodriguez, Jr.

2534

House Bill No.
EXPLANATORY NOTE

It has been more than twenty (20) 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. RO! UEZ

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH 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. 2034

THE PUBLIC ASSEMBLY ACT OF 2013

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 2013”

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

(a) 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
required for the holding of the same;

(b) 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
thereot

() 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;

O) 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;

(9) 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

(h) 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) 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)

(a)
(e)

0}

(9)

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:
f 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. It 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

@) 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;

(b) 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;

(c) 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) at the first sign of impending violence, the ranking officer of the

law enforcement contingent shall call the attention of the leader of


(b)

()

(d)
(e)

@

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;

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)

(©)

(d)
)

0)
(g)
(h)

the holding of any assembly by any leader or organizer without
having first secured that written permit where 2 permit is required
from the appropriate office concerned, 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. Provisions of Batas Pambansa Bilang 880
inconsistent with this Act are 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,