inherent and regulatory power
of the courts to control their proceedings in order to permit the fair
and impartial administration of justice and the constitutional rights,
pleading, practice, and procedure in all courts, and complementing
the Per Curiam Resolution of the Court in the case of Nestle
Inc. v. Hon. Augusto S. Sanchez, et al., dated September 30, 1987, the
Court resolves to adopt formally the following policy and procedural
regarding the conduct of demonstrations, pickets, rallies and other
gatherings in the vicinity of the grounds and adjacent areas of the
Court and all other courts:
1. Courts are the defenders of the
rights, especially their freedom of expression and assembly. Free
speech and peaceable assembly, along with the other intellectual
are highly ranked in our scheme of constitutional values.
These freedoms, however, are not
The right of a citizen to use the streets for communication of views on
national questions must be balanced with the need of our courts for an
atmosphere that will enable them to dispense justice free from bias and
unnecessary pressure. The courts would not exist and survive to
the people's most revered rights if they were unable to preserve the
of judicial proceedings and the dignity of the institution from all
of distracting, degrading and prejudicial influences that threaten the
fair and orderly administration of justice.
2. Demonstrators, picketers, rallyists
all other similar persons are enjoined from holding any activity on the
sidewalks and streets adjacent to, in front of, or within a radius of
hundred (200) meters from, the outer boundary of the Supreme Court
any Hall of Justice, and any other building that houses at least one
court sala. Such activities unquestionably interrupt and hamper
working condition in the salas, offices and chambers of the courts.
3. Demonstrators, picketers, rallyists
their sympathizers must keep all public thoroughfares free and
to allow the smooth flow of vehicular and pedestrian traffic. At
no time should ingress to and egress from the premises of the courts
the offices of the courts and the offices of the justices, judges, and
court officials and employees be obstructed.
4. Demonstrators, picketers, rallyists
their sympathizers are prohibited from camping out on the streets,
or pavement adjacent to, in front of, or within a radius of two hundred
(200) meters from, the outer boundary of the Supreme Court Building,
Hall of Justice, and any other building that houses at least one (1)
sala. No provisional shelters and kitchens, pickets' quarters,
other similar makeshift structures shall be established in said areas.
5. Lawyers of parties with cases
in courts have a duty to properly apprise their clients on matters of
and proper attitude toward courts of justice when engaged in
pickets, rallies and similar activities. As officers of the
they must help to preserve the dignity of the courts and to insulate
courts from all forms of influence that may adversely affect judicial
and violate a party's right to due process.
6. Any violation of this resolution
be treated as contempt of court. Members of the Bar violating
resolution may, in addition, be subject to the administrative sanctions
of fine, imprisonment, suspension from the practice of law or
as circumstances may warrant.
The Clerk of Court is directed to forthwith
publication of these Guidelines in two (2) newspapers of general
The Guidelines shall take effect upon the expiration of fifteen (15)
after such publication.
The Clerk of Court is further directed to
all lower courts, the Integrated Bar of the Philippines, the PNP, and
agencies of local governments in charge of issuing permits to hold
rallies, pickets and similar activities, around the vicinity of courts
of justice with copies of this Resolution.