Sefreedom Of Assembly Flashcards
What is freedomof assembly?
Freedom of assembly is the right of the people to meet peaceably for consultation and discussion of matters of public concern.
When is there no need to obtain a permit?
If you rally in a private property, or in a state campus. Just ask permit from the school. Religious rallies do not need a permit. In freedom parks, there is also no need.
Facts: The petitioners, Bayan, et al., alleged that they are citizens and taxpayers of the Philippines and that their right as organizations and individuals were violated when the rally they participated in on October 6, 2005 was violently dispersed by policemen implementing Batas Pambansa No. 880. Petitioners contended that Batas Pambansa No. 880 is clearly a violation of the Constitution and the International Covenant on Civil and Political Rights and other human rights treaties of which the Philippines is a signatory. They argue that B.P. No. 880 requires a permit before one can stage a public assembly regardless of the presence or absence of a clear and present danger. Furthermore, it is not content-neutral as it does not apply to mass actions in support of the government. The words “lawful cause,” “opinion,” “protesting or influencing” suggest the exposition of some cause not espoused by the government. Issue: On the constitutionality of Batas Pambansa No. 880, specifically Sections 4, 5, 6, 12 13(a) and 14(a) thereof, and Republic Act No. 7160: Are these content-neutral or content-based regulations?
Held: Content-neutral! It is a restriction that simply regulates the time, place and manner of the assemblies. BP 880 refers to all kinds of public assemblies that would use public places. The reference to lawful cause does not make it content-based because assemblies really have to be for lawful causes, otherwise they would not be peaceable and entitled to protection. Neither are the words opinion, protesting and influencing in the definition of public assembly content based, since they can refer to any subject. The words petitioning the government for redress of grievances come from the wording of the Constitution, so its use cannot be avoided. Finally, maximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. Furthermore, the permit can only be denied on the ground of clear and present danger to public order, public safety, public convenience, public morals or public health. This is a recognized exception to the exercise of the right even under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Who has the burden of proving that you have no permi
Once you have an application filed at least 2 days before the assembly, then it is presumed that your application has been granted. If the police would insist that you have no permit it is their duty to prove that your application has been denied. It is because the usual practice of mayors is to sit on your application until the period has lapsed.
10 public school teachers of Caloocan left their classrooms to join a strike, which lasted for one month, to ask for teachers’ benefits. They were dismissed by the DECS Secretary. They argue that their strike was an exercise of their Constitutional right to peaceful assembly and to petition the
government for redress of grievances. Resolve. [Also 2000, No. 12]
According to De la Cruz v. CA, 305 SCRA 303, the argument of the teachers that they were merely exercising their constitutional right to peaceful assembly and to petition the government for redress of grievance cannot be sustained, because such rights must be exercised within reasonable limits. When such rights were exercised on regular school days instead of during the free time of the teachers, the teachers committed acts prejudicial to the best interests of the service.
Freedom from assemble is distinct from the right to strike. In Labor Law, strike simply means refusal to provide work. That is not actually freedom of assembly and petition because it is the act of gathering together. That is what the constitution guarantees. The Constitution does not guarantee the right to strike. The right to strike is guaranteed by law not by the Constitution. Right to assemble is only assemble, it does not include the right to strike which can be done in accordance with law. That is regulated by the Labor Code.
