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This page features the full text of
Batas Pambansa Bilang 880
"The
Public Assembly Act of 1985"
AN
ACT ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT PEACEABLY
TO
ASSEMBLE AND PETITION THE GOVERNMENT, AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 880AN
ACT ENSURING THE FREE EXERCISE BY THE PEOPLE OF THEIR RIGHT PEACEABLY
TO
ASSEMBLE AND PETITION THE GOVERNMENT AND FOR OTHER PURPOSES.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Title. — This Act shall be
known as "The Public Assembly Act of 1985."
chanrobles virtual law library
Sec.
2. Declaration of policy. — The
constitutional right of the people peaceably to assemble and petition
the
government for redress of grievances is essential and vital to the
strength
and stability of the State. To this end, the State shall ensure the
free
exercise of such right without prejudice to the rights of others to
life,
liberty and equal protection of the law. chanrobles virtual law library
Sec.
3. Definition of terms. — For
purposes of this Act:chanroblesvirtuallawlibrarychanrobles virtual law library
(a) "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
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.
The
definition herein contained shall not include 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,
and by the Batas Pambansa Bilang 227.
(b) "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. chanrobles virtual law library
(c) "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.
(d) "Modification
of permit" shall include the change of the place and time of the public
assembly, rerouting of the parade or street march, the volume of
loud-speakers
or sound system and similar changes. chanrobles virtual law library
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 or ordinance 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. Political meetings or rallies held during any
election campaign period as provided for by law are not covered by this
Act.chanrobles virtual law library
Sec.
5. Application requirements.
— All applications for a permit shall comply with the following
guidelines:
(a) The
applications shall be in writing and shall include the names of the
leaders
or organizers; the purpose of such public assembly; the date, time and
duration thereof, and place or streets to be used for the intended
activity;
and the probable number of persons participating, the transport and the
public address systems to be used. chanrobles virtual law library
(b) The
application shall incorporate the duty and responsibility of applicant
under Section 8 hereof.
(c) The
application shall be filed with the office of the mayor of the city or
municipality in whose jurisdiction the intended activity is to be held,
at least five (5) working days before the scheduled public
assembly.
(d) Upon
receipt of the application, which must be duly acknowledged in writing,
the office of the city or municipal mayor shall cause the same to
immediately
be posted at a conspicuous place in the city or municipal building.chanrobles virtual law library
Sec.
6. Action to be taken on the
application. —chanrobles virtual law library
(a) It
shall be the duty of the mayor or any official acting in his behalf 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
order,
public safety, public convenience, public morals or public health.
(b) The
mayor or any official acting in his behalf 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
mayor
or any official acting in his behalf refuse to accept the application
for
a permit, said application shall be posted by the applicant on the
premises
of the office of the mayor and shall be deemed to have been filed.
(c) If
the mayor is of the view that there is imminent and grave danger of a
substantive
evil warranting the denial or modification of the permit, he shall
immediately
inform the applicant who must be heard on the matter.
(d) The
action on the permit shall be in writing and served on the application
within twenty-four hours.
(e) If
the mayor or any official acting in his behalf denies the application
or
modifies the terms thereof in his permit, the applicant may contest the
decision in an appropriate court of law.
(f) In
case suit is brought before the Metropolitan Trial Court, the Municipal
Trial Court, the Municipal Circuit Trial Court, the Regional Trial
Court,
or the Intermediate Appellate Court, its decisions may be appealed to
the
appropriate court within forty-eight (48) hours after receipt of the
same.
No appeal bond and record on appeal shall be required. A decision
granting
such permit or modifying it in terms satisfactory to the applicant
shall,
be immediately executory. chanrobles virtual law library
(g) All
cases filed in court under this section 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 next in rank.
(h) In
all cases, any decision may be appealed to the Supreme Court.
(i) Telegraphic
appeals to be followed by formal appeals are hereby allowed.
Sec.
7. Use of public thoroughfare.
— Should the proposed 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 in his behalf 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.
Sec.
8. Responsibility of applicant.
— It shall be the duty and responsibility of the leaders and organizers
of a public assembly to take all reasonable measures and steps to the
end
that the intended public assembly shall be conducted peacefully in
accordance
with the terms of the permit. These shall include but not be 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;
(c) To
confer with local government officials concerned and law enforcers to
the
end that the public assembly may be held peacefully;
(d) To
see to it that the public assembly undertaken shall not go beyond the
time
stated in the permit; and
(e) To
take positive steps that demonstrators do not molest any person or do
any
act unduly interfering with the rights of other persons not
participating
in the public assembly. chanrobles virtual law library
Sec.
9. 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 one hundred (100)
meter
away from the area of activity ready to maintain peace and order at all
times.
Sec.
10. 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 right peaceably to assemble and the freedom of
expression
is primordial. Towards this end, law enforcement agencies shall observe
the following guidelines:
(a) 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 herein defined;
(b) 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 or ankle high shoes with shin guards;
(c) Tear
gas, smoke grenades, water cannons, or any similar anti-riot device
shall
not be used unless the public assembly is attended by actual violence
or
serious threats of violence, or deliberate destruction of
property. chanrobles virtual law library
Sec.
11. Dispersal of public assembly
with permit. — No public assembly with a permit shall be dispersed.
However,
when an assembly becomes violent, the police 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 leaders of the public
assembly
and ask the latter to prevent any possible disturbance;
(b) If
actual violence starts to a point where rocks or other harmful objects
from the participants are thrown at the police or 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;
(c) 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 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;
(d) No
arrest of any leader, organizer or participant shall also be made
during
the public assembly unless he violates during the 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:
(e) Isolated
acts or incidents of disorder or branch of the peace during the public
assembly shall not constitute a group 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. chanrobles virtual law library
Sec.
13. Prohibited acts. — The following
shall constitute violations of this Act:
(a) The
holding of any public assembly as defined in this Act by any leader or
organizer without having first secured that written permit where a
permit
is required from the office concerned, or the use of such permit for
such
purposes 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;
(b) Arbitrary
and unjustified denial or modification of a permit in violation of the
provisions of this Act by the mayor or any other official acting in his
behalf.
(c) The
unjustified and arbitrary refusal to accept or acknowledge receipt of
the
application for a permit by the mayor or any official acting in his
behalf; chanrobles virtual law library
(d) Obstructing,
impeding, disrupting or otherwise denying the exercise of the right to
peaceful assembly;
(e) The
unnecessary firing of firearms by a member of any law enforcement
agency
or any person to disperse the public assembly;
(f) Acts
in violation of Section 10 hereof;
(g) Acts
described hereunder if committed within one hundred (100) meters from
the
area of activity of the public assembly or on the occasion
thereof; chanrobles virtual law library
1. the
carrying of a deadly or offensive weapon or device such as firearm,
pillbox,
bomb, and the like;
2. the
carrying of a bladed weapon and the like; chanrobles virtual law library
3. the
malicious burning of any object in the streets or thoroughfares;
4. the
carrying of firearms by members of the law enforcement unit; chanrobles virtual law library
5. 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 convicted of any of the prohibited acts defined in the
immediately
preceding section shall be punished as follows: chanrobles virtual law library
(a) violation
of subparagraph (a) shall be punished by imprisonment of one month and
one day to six months;
(b) violations
of subparagraphs (b), (c), (d), (e), (f), and item 4, subparagraph (g)
shall be punished by imprisonment of six months and one day to six
years;
(c) violation
of item 1, subparagraph (g) shall be punished by imprisonment of six
months
and one day to six years without prejudice to prosecution under
Presidential
Decree No. 1866; chanrobles virtual law library
(d) violations
of item 2, item 3, or item 5 of subparagraph (g) shall be punished by
imprisonment
of one day to thirty days.
Sec.
15. Freedom parks. — Every city
and municipality in the country shall within six months after the
effectivity
of this Act establish or designate at least one suitable "freedom park"
or mall in their respective jurisdictions which, as far as practicable,
shall be centrally located within the poblacion where demonstrations
and
meetings may be held at any time without the need of any prior
permit.
In
the cities and municipalities of Metropolitan Manila, the respective
mayors
shall establish the freedom parks within the period of six months from
the effectivity of this Act. chanrobles virtual law library
Sec.
16. 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.
Sec.
17. Repealing clause. — All laws,
decrees, letters of instructions, resolutions, orders, ordinances or
parts
thereof which are inconsistent with the provisions of this Act are
hereby
repealed, amended, or modified accordingly. chanrobles virtual law library
Sec.
18. Effectivity. — This Act shall
take effect upon its approval. chanrobles virtual law library
Approved:
October 22, 1985
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