An Act Constituting An Independent Presidential Electoral Tribunal To Try, Hear And Decide Election Contests In The Office Of President And Vice-President Of The Philippines, Appropriating

Case Overview and Summary

Summary of Batas Pambansa Blg. 880 (The Public Assembly Act of 1985)

Declaration of Policy (Section 2):
- The State shall ensure the free exercise of the people's right to peaceably assemble and petition the government, without prejudice to the rights of others.

Definition of Terms (Section 3):
- "Public assembly" refers to rallies, demonstrations, marches, parades, processions, or any mass action held in a public place to present a lawful cause, express an opinion, protest, or petition the government.
- "Public place" includes highways, boulevards, avenues, roads, streets, bridges, parks, plazas, squares, and open spaces of public ownership.
- "Maximum tolerance" means the highest degree of restraint that law enforcement shall observe during a public assembly or dispersal.
- "Modification of permit" includes changes to the place, time, route, volume of sound system, etc.

Permit Requirements (Sections 4-7):
- A written permit is required to hold a public assembly in a public place, except in freedom parks, private property, or government educational institutions. (Section 4)
- Application requirements include names of organizers, purpose, date, time, duration, place, probable number of participants, transport, and public address systems to be used. (Section 5)
- The mayor shall issue or grant a permit unless there is clear and convincing evidence that the assembly will create a clear and present danger to public order, safety, convenience, morals, or health. (Section 6)
- The mayor shall act on the application within two (2) working days, failing which, the permit shall be deemed granted. (Section 6)
- If the proposed assembly involves the use of public thoroughfares for an appreciable length of time, the mayor may designate the route or reroute traffic to prevent public inconvenience. (Section 7)

Responsibilities of Organizers (Section 8):
- Organizers shall take reasonable measures to ensure the assembly is conducted peacefully, including informing participants of their responsibilities, policing the ranks, conferring with authorities, ensuring the assembly does not exceed the permitted time, and preventing molestation or interference with others' rights.

Law Enforcement Guidelines (Sections 9-12):
- Law enforcement shall not interfere with a permitted public assembly but may station a contingent at least one hundred (100) meters away to maintain peace and order. (Section 9)
- When requested by organizers, law enforcement shall provide proper protection while observing "maximum tolerance". (Section 10)
- No public assembly with a permit shall be dispersed. However, if violence occurs, law enforcement shall follow specific procedures for dispersal, including warnings and allowing reasonable time to disperse. (Section 11)
- A public assembly without a permit may be peacefully dispersed. (Section 12)

Prohibited Acts and Penalties (Sections 13-14):
- Prohibited acts include holding an assembly without a permit, unjustified denial or modification of a permit, obstructing the right to assemble, unnecessary firing of firearms, and carrying deadly weapons or committing other offenses within one hundred (100) meters of the assembly area. (Section 13)
- Penalties range from imprisonment of one month and one day to six years, depending on the offense. (Section 14)

Freedom Parks (Section 15):
- Every city and municipality shall establish or designate at least one "freedom park" or mall within six months of the Act's effectivity, where demonstrations and meetings may be held without a permit.

Constitutionality and Repealing Clause (Sections 16-17):
- If any provision is declared invalid or unconstitutional, the validity of other provisions shall not be affected. (Section 16)
- All laws, decrees, instructions, resolutions, orders, or ordinances inconsistent with this Act are repealed, amended, or modified accordingly. (Section 17)