BP 880 Flashcards
When is a public permit not 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.
What should be indicated in the application for permit?
a. format
b. main content
c. dttp
d. no. of persons participating
e. duty & responsibility
f.
(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.
(b) the duty and responsibility of applicant under Section 8 hereof.
where to file: 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.
Give the period for the mayor to act on the application.
Give the effect of inaction by the mayor
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.
What if the mayor refuses to accept the application for a permit.
The application shall be posted by the applicant on the premises of the office of the mayor and shall be deemed to have been filed.
What should the mayor do if he 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.
How should the mayor act on the permit?
The action on the permit shall be in writing and served on the application within twenty-four hours.
What is the remedy of the applicant 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.
In case suit is brought before the lower courts or the Intermediate Appellate Court, what is the period to appeal? Is appeal bond required?
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.
What is the effect of a decision granting or modifying a permit?
A decision granting such permit or modifying it in terms satisfactory to the applicant shall, be immediately executory.
What is the period to decide of the courts in these cases?
All cases filed in court under this Section shall be decided within twenty-four (24) hours from date of filing
What are the duties of the leaders and organizers of the public assembly ?
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.
Can a law enforcement agent be detailed in the area of activity?
GR: 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.
What are the guidelines to be observed by law enforcement agents?
(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.
Dispersal: What to do 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;
Dispersal: What to do 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;
Dispersal 3: What 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.
Dispersal 4: When can an arrest be made?
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
Dispersal 5: Can Isolated acts or incidents of disorder or branch of the peace during the public assembly be a cause for dispersal?
Isolated acts or incidents of disorder or branch of the peace during the public assembly shall not constitute a group for dispersal.
Dispersal 6: What to do if a PA is held without a permit?
When the public assembly is held without a permit where a permit is required, the said public assembly may be peacefully dispersed.
Cite prohibited acts during a PA.
(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;
(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;
- the carrying of a deadly or offensive weapon or device such as firearm, pillbox, bomb, and the like;
- the carrying of a bladed weapon and the like;
3 the malicious burning of any object in the streets or thoroughfares;
- the carrying of firearms by members of the law enforcement unit;
- 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.
Where should freedom parks be located? What is their purpose?
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.
