Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 169838 April 25, 2006
BAYAN, KARAPATAN, K!USANG MAGBUBUK" NG P!PNAS #KMP$, GABRE!A, %r. &o'(
"i)o*, R(*+,o Co*',+*,i*o, &r., %ro-(l Y+*()+, +*. %+/i0+ T+1+r, Petitioners,
vs.
E"UAR"O ERMTA, i* /i' 2+p+2i,- +' E3(24,i5( S(2r(,+r-, M+*il+ Ci,- M+-or !TO ATEN6A,
C/i(7 o7 ,/( P/ilippi*( N+,io*+l Poli2(, G(*. ARTURO M. !OMBAO, NCRPO C/i(7 M+1. G(*.
8"A! 9UERO!, +*. :(',(r* Poli2( "i',ri2, C/i(7 G(*. PE"RO BU!AONG, Respondents.
x---------------------------------x
G.R. No. 1698;8 April 25, 2006
&('' "(l Pr+.o, :il'o* %or,+l()+, !(o.- .( G4)0+*, P(.ro Pi*l+2, C+r0(li,+ Mor+*,(, R+',i
"(li)o, P+4l B+*<+-, M+ri( &o O2+0po, !ili+ .(l+ Cr4), Cri',(,+ R+0o', A.(l+i.+ R+0o',
M+r- Gr+2( Go*)+l(', Mi2/+(l Torr(', R(*.o S+=4'+p, Pr(2io4' B+l4,(, Ro3+**( M+<=oo,
Er*i( B+4,i',+, &o'(p/ .( &('4', M+r<+ri,+ E'2o=(r, "1o+**+l-* &+*i(r, M+<.+l(*+ S(llo,(,
M+**- 94i+)o*, Eri2'o* "i)o*, N(*i,+ Cr4)+,, !(o*+r.o "( lo' R(-(', P(.ri,o
%+.ri<o*, Petitioners,
vs.
E"UAR"O ERMTA, i* /i' o77i2i+l 2+p+2i,- +' T/( E3(24,i5( S(2r(,+r- +*. i* /i' p(r'o*+l
2+p+2i,-, ANGE!O REYES, i* /i' o77i2i+l 2+p+2i,- +' S(2r(,+r- o7 ,/( *,(rior +*. !o2+l
Go5(r*0(*,', ARTURO !OMBAO, i* /i' o77i2i+l 2+p+2i,- +' ,/( C/i(7, P/ilippi*( N+,io*+l
Poli2(, 8"A! 9UERO!, i* /i' o77i2i+l 2+p+2i,- +' ,/( C/i(7, N+,io*+l C+pi,+l R(<io*+l Poli2(
O77i2( #NCRPO$, PE"RO BU!AONG, i* /i' o77i2i+l 2+p+2i,- +' ,/( C/i(7, M+*il+ Poli2( "i',ri2,
#MP"$ AN" A!! OT>ER PUB!C O%%CERS GARCA, +*. AN" PR8ATE N"8"UA!S
ACTNG UN"ER T>ER CONTRO!, SUPER8SON AN" NSTRUCTONS, Respondents.
x---------------------------------x
G.R. No. 169881 April 25, 2006
K!USANG MAYO UNO, r(pr('(*,(. =- i,' C/+irp(r'o* E!MER C. !ABOG +*. S(2r(,+r-
G(*(r+l &OE! MAG!UNSO", NATONA! %E"ERATON O% !ABOR UNONS?K!USANG MAYO
UNO #NA%!U?KMU$, r(pr('(*,(. =- i,' N+,io*+l Pr('i.(*,, &OSE!TO 8. USTARE6, ANTONO
C. PASCUA!, SA!8A"OR T. CARRAN6A, G!"A SUM!ANG, %RANCSCO !ASTRE!!A, +*.
RO9UE M. TAN, Petitioners,
vs.
T>E >ONORAB!E E@ECUT8E SECRETARY, PNP "RECTOR GENRA! ARTURO !OMBAO,
>ONORAB!E MAYOR !TO ATEN6A, +*. PNP MP" C>E% SUPT. PE"RO
BU!AONG, Respondents.
D E C ! " N
A6CUNA, J.:
Petitioners co#e in three $roups.
%he first petitioners, B+-+*, (, +l., in &.R. No. '()*+*,
'
alle$e that the, are citi-ens and taxpa,ers
of the Philippines and that their ri$hts as or$ani-ations and individuals .ere violated .hen the rall,
the, participated in on "ctober (, /001 .as violentl, dispersed b, police#en i#ple#entin$ Batas
Pa#bansa 2B.P.3 No. **0.
%he second $roup consists of /( individual petitioners, &('' .(l Pr+.o, (, +l., in &.R. No.
'()*4*,
/
.ho alle$e that the, .ere in5ured, arrested and detained .hen a peaceful #ass action the,
held on !epte#ber /(, /001 .as pree#pted and violentl, dispersed b, the police. %he, further
assert that on "ctober 1, /001, a $roup the, participated in #arched to Malaca6an$ to protest
issuances of the Palace .hich, the, clai#, put the countr, under an 7undeclared7 #artial rule, and
the protest .as li8e.ise dispersed violentl, and #an, a#on$ the# .ere arrested and suffered
in5uries.
%he third $roup, Kil4'+*< M+-o U*o #KMU$, (, +l., petitioners in &.R. No. '()**',
+
alle$e that the,
conduct peaceful #ass actions and that their ri$hts as or$ani-ations and those of their individual
#e#bers as citi-ens, specificall, the ri$ht to peaceful asse#bl,, are affected b, Batas Pa#bansa
No. **0 and the polic, of 7Calibrated Pree#ptive Response7 2CPR3 bein$ follo.ed to i#ple#ent it.
KMU, (, +l., clai# that on "ctober 4, /001, a rall, 9M: co-sponsored .as to be conducted at the
Mendiola brid$e but police bloc8ed the# alon$ C.M. Recto and ;epanto !treets and forcibl,
dispersed the#, causin$ in5uries to several of their #e#bers. %he, further alle$e that on "ctober (,
/001, a #ulti-sectoral rall, .hich 9M: also co-sponsored .as scheduled to proceed alon$ Espa6a
Avenue in front of the :niversit, of !anto %o#as and $oin$ to.ards Mendiola brid$e. Police officers
bloc8ed the# alon$ Mora,ta !treet and prevented the# fro# proceedin$ further. %he, .ere then
forcibl, dispersed, causin$ in5uries on one of the#.
4
%hree other rall,ists .ere arrested.
All petitioners assail Batas Pa#bansa No. **0, so#e of the# in toto and others onl, !ections 4, 1,
(, '/, '+2a3, and '42a3, as .ell as the polic, of CPR. %he, see8 to stop violent dispersals of rallies
under the 7no per#it, no rall,7 polic, and the CPR polic, recentl, announced.
B.P. No. **0, 7%he Public Asse#bl, Act of ')*1,7 provides<
Batas Pa#bansa Bl$. **0
An Act Ensurin$ %he =ree Exercise B, %he People "f %heir Ri$ht Peaceabl, %o Asse#ble And
Petition %he &overn#ent >And? =or "ther Purposes
Be it enacted by the Batasang Pambansa in session assembled:
!ection '. Title. @ %his Act shall be 8no.n as 7%he Public Asse#bl, Act of ')*1.7
!ec. /. Declaration of policy. @ %he constitutional ri$ht of the people peaceabl, to asse#ble and
petition the $overn#ent for redress of $rievances is essential and vital to the stren$th and stabilit, of
the !tate. %o this end, the !tate shall ensure the free exercise of such ri$ht .ithout pre5udice to the
ri$hts of others to life, libert, and eAual protection of the la..
!ec. +. Definition of terms. @ =or purposes of this Act<
2a3 7Public asse#bl,7 #eans an, rall,, de#onstration, #arch, parade, procession or an,
other for# of #ass or concerted action held in a public place for the purpose of presentin$ a
la.ful causeB or expressin$ an opinion to the $eneral public on an, particular issueB or
protestin$ or influencin$ an, state of affairs .hether political, econo#ic or socialB or
petitionin$ the $overn#ent for redress of $rievances.
%he processions, rallies, parades, de#onstrations, public #eetin$s and asse#bla$es for
reli$ious purposes shall be $overned b, local ordinancesB Provided, however, %hat the
declaration of polic, as provided in !ection / of this Act shall be faithfull, observed.
%he definition herein contained shall not include pic8etin$ and other concerted action in
stri8e areas b, .or8ers and e#plo,ees resultin$ fro# a labor dispute as defined b, the
;abor Code, its i#ple#entin$ rules and re$ulations, and b, the Batas Pa#bansa Bilan$ //C.
2b3 7Public place7 shall include an, hi$h.a,, boulevard, avenue, road, street, brid$e or other
thorou$hfare, par8, pla-a, sAuare, andDor an, open space of public o.nership .here the
people are allo.ed access.
2c3 7Maxi#u# tolerance7 #eans the hi$hest de$ree of restraint that the #ilitar,, police and
other peace 8eepin$ authorities shall observe durin$ a public asse#bl, or in the dispersal of
the sa#e.
2d3 7Modification of a per#it7 shall include the chan$e of the place and ti#e of the public
asse#bl,, reroutin$ of the parade or street #arch, the volu#e of loud-spea8ers or sound
s,ste# and si#ilar chan$es.
!ec. 4. Permit when required and when not required. @ A .ritten per#it shall be reAuired for an,
person or persons to or$ani-e and hold a public asse#bl, in a public place. Eo.ever, no per#it
shall be reAuired if the public asse#bl, shall be done or #ade in a freedo# par8 dul, established b,
la. or ordinance or in private propert,, in .hich case onl, the consent of the o.ner or the one
entitled to its le$al possession is reAuired, or in the ca#pus of a $overn#ent-o.ned and operated
educational institution .hich shall be sub5ect to the rules and re$ulations of said educational
institution. Political #eetin$s or rallies held durin$ an, election ca#pai$n period as provided for b,
la. are not covered b, this Act.
!ec. 1. Application requirements. @ All applications for a per#it shall co#pl, .ith the follo.in$
$uidelines<
2a3 %he applications shall be in .ritin$ and shall include the na#es of the leaders or
or$ani-ersB the purpose of such public asse#bl,B the date, ti#e and duration thereof, and
place or streets to be used for the intended activit,B and the probable nu#ber of persons
participatin$, the transport and the public address s,ste#s to be used.
2b3 %he application shall incorporate the dut, and responsibilit, of the applicant under
!ection * hereof.
2c3 %he application shall be filed .ith the office of the #a,or of the cit, or #unicipalit, in
.hose 5urisdiction the intended activit, is to be held, at least five 213 .or8in$ da,s before the
scheduled public asse#bl,.
2d3 :pon receipt of the application, .hich #ust be dul, ac8no.led$ed in .ritin$, the office of
the cit, or #unicipal #a,or shall cause the sa#e to i##ediatel, be posted at a conspicuous
place in the cit, or #unicipal buildin$.
!ec. (. Action to be taken on the application. @
2a3 t shall be the dut, of the #a,or or an, official actin$ in his behalf to issue or $rant a
per#it unless there is clear and convincin$ evidence that the public asse#bl, .ill create a
clear and present dan$er to public order, public safet,, public convenience, public #orals or
public health.
2b3 %he #a,or or an, official actin$ in his behalf shall act on the application .ithin t.o 2/3
.or8in$ da,s fro# the date the application .as filed, failin$ .hich, the per#it shall be
dee#ed $ranted. !hould for an, reason the #a,or or an, official actin$ in his behalf refuse
to accept the application for a per#it, said application shall be posted b, the applicant on the
pre#ises of the office of the #a,or and shall be dee#ed to have been filed.
2c3 f the #a,or is of the vie. that there is i##inent and $rave dan$er of a substantive evil
.arrantin$ the denial or #odification of the per#it, he shall i##ediatel, infor# the applicant
.ho #ust be heard on the #atter.
2d3 %he action on the per#it shall be in .ritin$ and served on the applica>nt? .ithin t.ent,-
four hours.
2e3 f the #a,or or an, official actin$ in his behalf denies the application or #odifies the ter#s
thereof in his per#it, the applicant #a, contest the decision in an appropriate court of la..
2f3 n case suit is brou$ht before the Metropolitan %rial Court, the Municipal %rial Court, the
Municipal Circuit %rial Court, the Re$ional %rial Court, or the nter#ediate Appellate court, its
decisions #a, be appealed to the appropriate court .ithin fort,-ei$ht 24*3 hours after receipt
of the sa#e. No appeal bond and record on appeal shall be reAuired. A decision $rantin$
such per#it or #odif,in$ it in ter#s satisfactor, to the applicant shall be i##ediatel,
executor,.
2$3 All cases filed in court under this section shall be decided .ithin t.ent,-four 2/43 hours
fro# date of filin$. Cases filed hereunder shall be i##ediatel, endorsed to the executive
5ud$e for disposition or, in his absence, to the next in ran8.
2h3 n all cases, an, decision #a, be appealed to the !upre#e Court.
2i3 %ele$raphic appeals to be follo.ed b, for#al appeals are hereb, allo.ed.
!ec. C. se of Public throroughfare. @ !hould the proposed public asse#bl, involve the use, for an
appreciable len$th of ti#e, of an, public hi$h.a,, boulevard, avenue, road or street, the #a,or or
an, official actin$ in his behalf #a,, to prevent $rave public inconvenience, desi$nate the route
thereof .hich is convenient to the participants or reroute the vehicular traffic to another direction so
that there .ill be no serious or undue interference .ith the free flo. of co##erce and trade.
!ec. *. !esponsibility of applicant. @ t shall be the dut, and responsibilit, of the leaders and
or$ani-ers of a public asse#bl, to ta8e all reasonable #easures and steps to the end that the
intended public asse#bl, shall be conducted peacefull, in accordance .ith the ter#s of the per#it.
%hese shall include but not be li#ited to the follo.in$<
2a3 %o infor# the participants of their responsibilit, under the per#itB"avvphi "#net
2b3 %o police the ran8s of the de#onstrators in order to prevent non-de#onstrators fro#
disruptin$ the la.ful activities of the public asse#bl,B
2c3 %o confer .ith local $overn#ent officials concerned and la. enforcers to the end that the
public asse#bl, #a, be held peacefull,B
2d3 %o see to it that the public asse#bl, underta8en shall not $o be,ond the ti#e stated in the
per#itB and
2e3 %o ta8e positive steps that de#onstrators do not #olest an, person or do an, act undul,
interferin$ .ith the ri$hts of other persons not participatin$ in the public asse#bl,.
!ec. ). $on%interference by law enforcement authorities. @ ;a. enforce#ent a$encies shall not
interfere .ith the holdin$ of a public asse#bl,. Eo.ever, to adeAuatel, ensure public safet,, a la.
enforce#ent contin$ent under the co##and of a responsible police officer #a, be detailed and
stationed in a place at least one hundred 2'003 #eters a.a, fro# the area of activit, read, to
#aintain peace and order at all ti#es.
!ec. '0. Police assistance when requested. @ t shall be i#perative for la. enforce#ent a$encies,
.hen their assistance is reAuested b, the leaders or or$ani-ers, to perfor# their duties al.a,s
#indful that their responsibilit, to provide proper protection to those exercisin$ their ri$ht peaceabl,
to asse#ble and the freedo# of expression is pri#ordial. %o.ards this end, la. enforce#ent
a$encies shall observe the follo.in$ $uidelines<
2a3 Me#bers of the la. enforce#ent contin$ent .ho deal .ith the de#onstrators shall be in
co#plete unifor# .ith their na#eplates and units to .hich the, belon$ displa,ed pro#inentl,
on the front and dorsal parts of their unifor# and #ust observe the polic, of 7#axi#u#
tolerance7 as herein definedB
2b3 %he #e#bers of the la. enforce#ent contin$ent shall not carr, an, 8ind of firear#s but
#a, be eAuipped .ith baton or riot stic8s, shields, crash hel#ets .ith visor, $as #as8s,
boots or an8le hi$h shoes .ith shin $uardsB
2c3 %ear $as, s#o8e $renades, .ater cannons, or an, si#ilar anti-riot device shall not be
used unless the public asse#bl, is attended b, actual violence or serious threats of
violence, or deliberate destruction of propert,.
!ec# ''. Dispersal of public assembly with permit. @ No public asse#bl, .ith a per#it shall be
dispersed. Eo.ever, .hen an asse#bl, beco#es violent, the police #a, disperse such public
asse#bl, as follo.s<
2a3 At the first si$n of i#pendin$ violence, the ran8in$ officer of the la. enforce#ent
contin$ent shall call the attention of the leaders of the public asse#bl, and as8 the latter to
prevent an, possible disturbanceB
2b3 f actual violence starts to a point .here roc8s or other har#ful ob5ects fro# the
participants are thro.n at the police or at the non-participants, or at an, propert, causin$
da#a$e to such propert,, the ran8in$ officer of the la. enforce#ent contin$ent shall audibl,
.arn the participants that if the disturbance persists, the public asse#bl, .ill be dispersedB
2c3 f the violence or disturbance prevailin$ as stated in the precedin$ subpara$raph should
not stop or abate, the ran8in$ officer of the la. enforce#ent contin$ent shall audibl, issue a
.arnin$ to the participants of the public asse#bl,, and after allo.in$ a reasonable period of
ti#e to lapse, shall i##ediatel, order it to forth.ith disperseB
2d3 No arrest of an, leader, or$ani-er or participant shall also be #ade durin$ the public
asse#bl, unless he violates durin$ the asse#bl, a la., statute, ordinance or an, provision
of this Act. !uch arrest shall be $overned b, Article '/1 of the Revised Penal Code, as
a#endedB
2e3 solated acts or incidents of disorder or breach of the peace durin$ the public asse#bl,
shall not constitute a $round for dispersal.
!ec. '/. Dispersal of public assembly without permit. @ Fhen the public asse#bl, is held .ithout a
per#it .here a per#it is reAuired, the said public asse#bl, #a, be peacefull, dispersed.
!ec. '+. Prohibited acts. @ %he follo.in$ shall constitute violations of the Act<
2a3 %he holdin$ of an, public asse#bl, as defined in this Act b, an, leader or or$ani-er
.ithout havin$ first secured that .ritten per#it .here a per#it is reAuired fro# the office
concerned, or the use of such per#it for such purposes in an, place other than those set out
in said per#it< Provided, however, %hat no person can be punished or held cri#inall, liable
for participatin$ in or attendin$ an other.ise peaceful asse#bl,B
2b3 Arbitrar, and un5ustified denial or #odification of a per#it in violation of the provisions of
this Act b, the #a,or or an, other official actin$ in his behalfB
2c3 %he un5ustified and arbitrar, refusal to accept or ac8no.led$e receipt of the application
for a per#it b, the #a,or or an, official actin$ in his behalfB
2d3 "bstructin$, i#pedin$, disruptin$ or other.ise den,in$ the exercise of the ri$ht to
peaceful asse#bl,B
2e3 %he unnecessar, firin$ of firear#s b, a #e#ber of an, la. enforce#ent a$enc, or an,
person to disperse the public asse#bl,B
2f3 Acts in violation of !ection '0 hereofB
2$3 Acts described hereunder if co##itted .ithin one hundred 2'003 #eters fro# the area of
activit, of the public asse#bl, or on the occasion thereof<
'. the carr,in$ of a deadl, or offensive .eapon or device such as firear#, pillbox,
bo#b, and the li8eB
/. the carr,in$ of a bladed .eapon and the li8eB
+. the #alicious burnin$ of an, ob5ect in the streets or thorou$hfaresB
4. the carr,in$ of firear#s b, #e#bers of the la. enforce#ent unitB
1. the interferin$ .ith or intentionall, disturbin$ the holdin$ of a public asse#bl, b,
the use of a #otor vehicle, its horns and loud sound s,ste#s.
!ec. '4. Penalties. @ An, person found $uilt, and convicted of an, of the prohibited acts defined in
the i##ediatel, precedin$ section shall be punished as follo.s<
2a3 violation of subpara$raph 2a3 shall be punished b, i#prison#ent of one #onth and one
da, to six #onthsB
2b3 violations of subpara$raphs 2b3, 2c3, 2d3, 2e3, 2f3, and ite# 4, subpara$raph 2$3 shall be
punished b, i#prison#ent of six #onths and one da, to six ,earsB
2c3 violation of ite# ', subpara$raph 2$3 shall be punished b, i#prison#ent of six #onths
and one da, to six ,ears .ithout pre5udice to prosecution under Presidential Decree No.
'*((B
2d3 violations of ite# /, ite# +, or ite# 1 of subpara$raph 2$3 shall be punished b,
i#prison#ent of one da, to thirt, da,s.
!ec. '1. &reedom parks. @ Ever, cit, and #unicipalit, in the countr, shall .ithin six #onths after the
effectivit, of this Act establish or desi$nate at least one suitable 7freedo# par87 or #all in their
respective 5urisdictions .hich, as far as practicable, shall be centrall, located .ithin the poblacion
.here de#onstrations and #eetin$s #a, be held at an, ti#e .ithout the need of an, prior per#it.
n the cities and #unicipalities of Metropolitan Manila, the respective #a,ors shall establish the
freedo# par8s .ithin the period of six #onths fro# the effectivit, this Act.
!ec. '(. 'onstitutionality. @ !hould an, provision of this Act be declared invalid or unconstitutional,
the validit, or constitutionalit, of the other provisions shall not be affected thereb,.
!ec. 'C. !epealing clause. @ All la.s, decrees, letters of instructions, resolutions, orders, ordinances
or parts thereof .hich are inconsistent .ith the provisions of this Act are hereb, repealed, a#ended,
or #odified accordin$l,.
!ec. '*# (ffectivity. @ %his Act shall ta8e effect upon its approval.
Approved, "ctober //, ')*1.
CPR, on the other hand, is a polic, set forth in a press release b, Malaca6an$ dated !epte#ber /',
/001, sho.n in Annex 7A7 to the Petition in &.R. No. '()*4*, thus<
Malaca6an$ "fficial
Manila, Philippines NEF!
Release No. / !epte#ber /', /001
!%A%EMEN% "= EGEC:%HE !ECRE%ARI ED:ARD" ERM%A
)n nlawful *ass Actions
n vie. of intelli$ence reports pointin$ to credible plans of anti-$overn#ent $roups to infla#e the
political situation, so. disorder and incite people a$ainst the dul, constituted authorities, .e have
instructed the PNP as .ell as the local $overn#ent units to strictl, enforce a 7no per#it, no rall,7
polic,, disperse $roups that run afoul of this standard and arrest all persons violatin$ the la.s of the
land as .ell as ordinances on the proper conduct of #ass actions and de#onstrations.
%he rule of calibrated pree#ptive response is no. in force, in lieu of #axi#u# tolerance. %he
authorities .ill not stand aside .hile those .ith ill intent are herdin$ a .ittin$ or un.ittin$ #ass of
people and incitin$ the# into actions that are ini#ical to public order, and the peace of #ind of the
national co##unit,.
:nla.ful #ass actions .ill be dispersed. %he #a5orit, of la.-abidin$ citi-ens have the ri$ht to be
protected b, a vi$ilant and proactive $overn#ent.
Fe appeal to the detractors of the $overn#ent to en$a$e in la.ful and peaceful conduct befittin$ of
a de#ocratic societ,.
%he PresidentJs call for unit, and reconciliation stands, based on the rule of la..
Petitioners B+-+*, (, +l., contend that Batas Pa#bansa No. **0 is clearl, a violation of the
Constitution and the nternational Covenant on Civil and Political Ri$hts and other hu#an ri$hts
treaties of .hich the Philippines is a si$nator,.
1
%he, ar$ue that B.P. No. **0 reAuires a per#it before one can sta$e a public asse#bl, re$ardless
of the presence or absence of a clear and present dan$er. t also curtails the choice of venue and is
thus repu$nant to the freedo# of expression clause as the ti#e and place of a public asse#bl, for#
part of the #essa$e for .hich the expression is sou$ht. =urther#ore, it is not content-neutral as it
does not appl, to #ass actions in support of the $overn#ent. %he .ords 7la.ful cause,7 7opinion,7
7protestin$ or influencin$7 su$$est the exposition of so#e cause not espoused b, the $overn#ent.
Also, the phrase 7#axi#u# tolerance7 sho.s that the la. applies to asse#blies a$ainst the
$overn#ent because the, are bein$ tolerated. As a content-based le$islation, it cannot pass the
strict scrutin, test.
Petitioners &('' .(l Pr+.o, (, +l., in turn, ar$ue that B.P. No. **0 is unconstitutional as it is a
curtail#ent of the ri$ht to peacefull, asse#ble and petition for redress of $rievances because it puts
a condition for the valid exercise of that ri$ht. t also characteri-es public asse#blies .ithout a per#it
as ille$al and penali-es the# and allo.s their dispersal. %hus, its provisions are not #ere
re$ulations but are actuall, prohibitions.
=urther#ore, the la. dele$ates po.ers to the Ma,or .ithout providin$ clear standards. %he t.o
standards stated in the la.s 2clear and present dan$er and i##inent and $rave dan$er3 are
inconsistent.
Re$ardin$ the CPR polic,, it is void for bein$ an ultra vires act that alters the standard of #axi#u#
tolerance set forth in B.P. No. **0, aside fro# bein$ void for bein$ va$ue and for lac8 of publication.
=inall,, petitioners KMU, (, +l., ar$ue that the Constitution sets no li#its on the ri$ht to asse#bl, and
therefore B.P. No. **0 cannot put the prior reAuire#ent of securin$ a per#it. And even assu#in$
that the le$islature can set li#its to this ri$ht, the li#its provided are unreasonable< =irst, allo.in$ the
Ma,or to den, the per#it on clear and convincin$ evidence of a clear and present dan$er is too
co#prehensive. !econd, the five-da, reAuire#ent to appl, for a per#it is too lon$ as certain events
reAuire instant public asse#bl,, other.ise interest on the issue .ould possibl, .ane.
As to the CPR polic,, the, ar$ue that it is pree#ptive, that the $overn#ent ta8es action even before
the rall,ists can perfor# their act, and that no la., ordinance or executive order supports the polic,.
=urther#ore, it contravenes the #axi#u# tolerance polic, of B.P. No. **0 and violates the
Constitution as it causes a chillin$ effect on the exercise b, the people of the ri$ht to peaceabl,
asse#ble.
Respondents in G.R. No. 169838 are E.4+r.o Er0i,+, as Executive !ecretar,, Manila
Cit, M+-or !i,o A,i(*)+, Chief, of the Philippine National Police 2PNP3 G(*. Ar,4ro !o0i=+o,
National Capital Re$ion Police "ffice 2NCRP"3 Chief, PNP M+1. G(*. 8i.+l 94(rol, and Manila
Police District 2MPD3 Chief G(*. P(.ro B4l+o*<.
Respondents in G.R. No. 1698;8 are E.4+r.o Er0i,+ as Executive !ecretar, and in his personal
capacit,BA*<(lo R(-(', as !ecretar, of the nterior and ;ocal &overn#entsB Ar,4ro !o0i=+o, as
Chief 8i.+l 94(rol, as Chief, NCRP"B P(.ro B4l+o*<, as Chief, MPD, and all other public officers
and private individuals actin$ under their control, supervision and instruction.
Respondents in G.R. No. 169881 are the Eonorable E3(24,i5( S(2r(,+r-, PNP "ir(2,or G(*(r+l
Ar,4ro !o0i=+o, the Eonorable M+-or &o'(li,o A,i(*)+, and PNP MPD C/i(7 P(.ro B4l+o*<.
Respondents ar$ue that<
'. Petitioners have no standin$ because the, have not presented evidence that the, had
been 7in5ured, arrested or detained because of the CPR,7 and that 7those arrested stand to
be char$ed .ith violatin$ Batas Pa#bansa >No.? **0 and other offenses.7
/. Neither B.P. No. **0 nor CPR is void on its face. Petitioners cannot honestl, clai# that the
ti#e, place and #anner re$ulation e#bodied in B.P. No. **0 violates the three-pron$ed test
for such a #easure, to .it< 2a3 B.P. No. **0 is content-neutral, i#e., it has no reference to
content of re$ulated speechB 2b3 B.P. No. **0 is narro.l, tailored to serve a si$nificant
$overn#ental interest, i#e., the interest cannot be eAuall, .ell served b, a #eans that is less
intrusive of free speech interestsB and 2c3 B.P. No. **0 leaves open alternative channels for
co##unication of the infor#ation.
(
+. B.P. No. **0 is content-neutral as seen fro# the text of the la.. !ection 1 reAuires the
state#ent of the public asse#bl,Js ti#e, place and #anner of conduct. t entails traffic re-
routin$ to prevent $rave public inconvenience and serious or undue interference in the free
flo. of co##erce and trade. =urther#ore, nothin$ in B.P. No. **0 authori-es the denial of a
per#it on the basis of a rall,Js pro$ra# content or the state#ents of the spea8ers therein,
except under the constitutional precept of the 7clear and present dan$er test.7 %he status of
B.P. No. **0 as a content-neutral re$ulation has been reco$ni-ed in )sme+a v# 'omelec.
C
4. Adiong v# 'omelec
*
held that B.P. No. **0 is a content-neutral re$ulation of the ti#e, place
and #anner of holdin$ public asse#blies and the la. passes the test for such re$ulation,
na#el,, these re$ulations need onl, a substantial $overn#ental interest to support the#.
1. ,angalang v# -ntermediate Appellate 'ourt
)
held that a local chief executive has the
authorit, to exercise police po.er to #eet 7the de#ands of the co##on $ood in ter#s of
traffic decon$estion and public convenience.7 =urther#ore, the discretion $iven to the #a,or
is narro.l, circu#scribed b, !ections 1 2d3, and ( 2a3, 2b3, 2c3, 2d3, 2e3, '+ and '1 of the la..
(. %he standards set forth in the la. are not inconsistent. 7Clear and convincin$ evidence
that the public asse#bl, .ill create a clear and present dan$er to public order, public safet,,
public convenience, public #orals or public health7 and 7i##inent and $rave dan$er of a
substantive evil7 both express the #eanin$ of the 7clear and present dan$er test.7
'0
C. CPR is si#pl, the responsible and 5udicious use of #eans allo.ed b, existin$ la.s and
ordinances to protect public interest and restore public order. %hus, it is not accurate to call it
a ne. rule but rather it is a #ore pro-active and d,na#ic enforce#ent of existin$ la.s,
re$ulations and ordinances to prevent chaos in the streets. t does not replace the rule of
#axi#u# tolerance in B.P. No. **0.
Respondent Ma,or Koselito Atien-a, for his part, sub#itted in his Co##ent that the petition in &.R.
No. '()*+* should be dis#issed on the $round that Republic Act No. C'(0 $ives the Ma,or po.er to
den, a per#it independentl, of B.P. No. **0B that his denials of per#its .ere under the 7clear and
present dan$er7 rule as there .as a cla#or to stop rallies that disrupt the econo#, and to protect the
lives of other peopleB that .# B# /# !eyes v# Bagatsing,
''
Primicias v# &ugoso,
'/
and .acinto v#
'A,
'+
have affir#ed the constitutionalit, of reAuirin$ a per#itB that the per#it is for the use of a public
place and not for the exercise of ri$htsB and that B.P. No. **0 is not a content-based re$ulation
because it covers all rallies.
%he petitions .ere ordered consolidated on =ebruar, '4, /00(. After the sub#ission of all the
Co##ents, the Court set the cases for oral ar$u#ents on April 4, /00(,
'4
statin$ the principal issues,
as follo.s<
'. "n the constitutionalit, of Batas Pa#bansa No. **0, specificall, !ections 4, 1, (, '/ '+2a3
and '42a3 thereof, and Republic Act No. C'(0<
2a3 Are these content-neutral or content-based re$ulationsL
2b3 Are the, void on $rounds of overbreadth or va$uenessL
2c3 Do the, constitute prior restraintL
2d3 Are the, undue dele$ations of po.ers to Ma,orsL
2e3 Do the, violate international hu#an ri$hts treaties and the :niversal Declaration
of Eu#an Ri$htsL
/. "n the constitutionalit, and le$alit, of the polic, of Calibrated Pree#ptive Response
2CPR3<
2a3 s the polic, void on its face or due to va$uenessL
2b3 s it void for lac8 of publicationL
2c3 s the polic, of CPR void as applied to the rallies of !epte#ber /( and "ctober 4,
1 and (, /001L
Durin$ the course of the oral ar$u#ents, the follo.in$ develop#ents too8 place and .ere approved
andDor noted b, the Court<
'. Petitioners, in the interest of a speed, resolution of the petitions, .ithdre. the portions of
their petitions raisin$ factual issues, particularl, those raisin$ the issue of .hether B.P. No.
**0 andDor CPR is void as applied to the rallies of !epte#ber /0, "ctober 4, 1 and (, /001.
/. %he !olicitor &eneral a$reed .ith the observation of the Chief Kustice that CPR should no
lon$er be used as a le$al ter# inas#uch as, accordin$ to respondents, it .as #erel, a
7catch.ord7 intended to clarif, .hat .as thou$ht to be a #isunderstandin$ of the #axi#u#
tolerance polic, set forth in B.P. No. **0 and that, as stated in the affidavit executed b,
Executive !ecretar, Eduardo Er#ita and sub#itted to the "#buds#an, it does not replace
B.P. No. **0 and the #axi#u# tolerance polic, e#bodied in that la..
%he Court .ill no. proceed to address the principal issues, ta8in$ into account the fore$oin$
develop#ents.
PetitionersJ standin$ cannot be seriousl, challen$ed. %heir ri$ht as citi-ens to en$a$e in peaceful
asse#bl, and exercise the ri$ht of petition, as $uaranteed b, the Constitution, is directl, affected b,
B.P. No. **0 .hich reAuires a per#it for all .ho .ould publicl, asse#ble in the nationJs streets and
par8s. %he, have, in fact, purposel, en$a$ed in public asse#blies .ithout the reAuired per#its to
press their clai# that no such per#it can be validl, reAuired .ithout violatin$ the Constitutional
$uarantee. Respondents, on the other hand, have challen$ed such action as contrar, to la. and
dispersed the public asse#blies held .ithout the per#it.
!ection 4 of Article of the Constitution provides<
!ec. 4. No la. shall be passed abrid$in$ the freedo# of speech, of expression, or of the press, or
the ri$ht of the people peaceabl, to asse#ble and petition the $overn#ent for redress of $rievances.
%he first point to #ar8 is that the ri$ht to peaceabl, asse#ble and petition for redress of $rievances
is, to$ether .ith freedo# of speech, of expression, and of the press, a ri$ht that en5o,s pri#ac, in
the real# of constitutional protection. =or these ri$hts constitute the ver, basis of a functional
de#ocratic polit,, .ithout .hich all the other ri$hts .ould be #eanin$less and unprotected. As
stated in .acinto v# 'A,
'1
the Court, as earl, as the onset of this centur,, in #,# v# Apurado,
'(
alread,
upheld the ri$ht to asse#bl, and petition, as follo.s<
%here is no Auestion as to the petitionersJ ri$hts to peaceful asse#bl, to petition the $overn#ent for
a redress of $rievances and, for that #atter, to or$ani-e or for# associations for purposes not
contrar, to la., as .ell as to en$a$e in peaceful concerted activities. %hese ri$hts are $uaranteed b,
no less than the Constitution, particularl, !ections 4 and * of the Bill of Ri$hts, !ection /213 of Article
G, and !ection + of Article G. Kurisprudence abounds .ith hallo.ed pronounce#ents defendin$
and pro#otin$ the peopleJs exercise of these ri$hts. As earl, as the onset of this centur,, this Court
in #,# vs# Apurado, alread, upheld the ri$ht to asse#bl, and petition and even .ent as far as to
ac8no.led$e<
7t is rather to be expected that #ore or less disorder .ill #ar8 the public asse#bl, of the people to
protest a$ainst $rievances .hether real or i#a$inar,, because on such occasions feelin$ is al.a,s
.rou$ht to a hi$h pitch of excite#ent, and the $reater, the $rievance and the #ore intense the
feelin$, the less perfect, as a rule .ill be the disciplinar, control of the leaders over their
irresponsible follo.ers. But if the prosecution be per#itted to sei-e upon ever, instance of such
disorderl, conduct b, individual #e#bers of a cro.d as an excuse to characteri-e the asse#bl, as
a seditious and tu#ultuous risin$ a$ainst the authorities, then the ri$ht to asse#ble and to petition
for redress of $rievances .ould beco#e a delusion and a snare and the atte#pt to exercise it on the
#ost ri$hteous occasion and in the #ost peaceable #anner .ould expose all those .ho too8 part
therein to the severest and #ost un#erited punish#ent, if the purposes .hich the, sou$ht to attain
did not happen to be pleasin$ to the prosecutin$ authorities. f instances of disorderl, conduct occur
on such occasions, the $uilt, individuals should be sou$ht out and punished therefor, but the ut#ost
discretion #ust be exercised in dra.in$ the line bet.eendisorderly and seditious conduct and
bet.een an essentiall, peaceable asse#bl, and a tu#ultuous uprisin$.7
A$ain, in Primicias v# &ugoso,
'C
the Court li8e.ise sustained the pri#ac, of freedo# of speech and to
asse#bl, and petition over co#fort and convenience in the use of streets and par8s.
Next, ho.ever, it #ust be re#e#bered that the ri$ht, .hile sacrosanct, is not absolute. n Primicias,
this Court said<
%he ri$ht to freedo# of speech, and to peacefull, asse#ble and petition the $overn#ent for redress
of $rievances, are funda#ental personal ri$hts of the people reco$ni-ed and $uaranteed b, the
constitutions of de#ocratic countries. But it is a settled principle $ro.in$ out of the nature of .ell-
ordered civil societies that the exercise of those ri$hts is not absolute for it #a, be so re$ulated that
it shall not be in5urious to the eAual en5o,#ent of others havin$ eAual ri$hts, nor in5urious to the
ri$hts of the co##unit, or societ,. %he po.er to re$ulate the exercise of such and other
constitutional ri$hts is ter#ed the soverei$n 7police po.er,7 .hich is the po.er to prescribe
re$ulations, to pro#ote the health, #orals, peace, education, $ood order or safet,, and $eneral
.elfare of the people. %his soverei$n police po.er is exercised b, the $overn#ent throu$h its
le$islative branch b, the enact#ent of la.s re$ulatin$ those and other constitutional and civil ri$hts,
and it #a, be dele$ated to political subdivisions, such as to.ns, #unicipalities and cities b,
authori-in$ their le$islative bodies called #unicipal and cit, councils to enact ordinances for the
purpose.
'*
!eyes v# Bagatsing
')
further expounded on the ri$ht and its li#its, as follo.s<
'. t is thus clear that the Court is called upon to protect the exercise of the co$nate ri$hts to
free speech and peaceful asse#bl,, arisin$ fro# the denial of a per#it. %he Constitution is
Auite explicit< 7No la. shall be passed abrid$in$ the freedo# of speech, or of the press, or
the ri$ht of the people peaceabl, to asse#ble and petition the &overn#ent for redress of
$rievances.7 =ree speech, li8e free press, #a, be identified .ith the libert, to discuss
publicl, and truthfull, an, #atter of public concern .ithout censorship or punish#ent. %here
is to be then no previous restraint on the co##unication of vie.s or subseAuent liabilit,
.hether in libel suits, prosecution for sedition, or action for da#a$es, or conte#pt
proceedin$s unless there be a 7clear and present dan$er of a substantive evil that >the !tate?
has a ri$ht to prevent.7 =reedo# of asse#bl, connotes the ri$ht of the people to #eet
peaceabl, for consultation and discussion of #atters of public concern. t is entitled to be
accorded the ut#ost deference and respect. t is not to be li#ited, #uch less denied, except
on a sho.in$, as is the case .ith freedo# of expression, of a clear and present dan$er of a
substantive evil that the state has a ri$ht to prevent. Even prior to the ')+1 Constitution,
Kustice Malcol# had occasion to stress that it is a necessar, conseAuence of our republican
institutions and co#ple#ents the ri$ht of free speech. %o paraphrase the opinion of Kustice
Rutled$e, spea8in$ for the #a5orit, of the A#erican !upre#e Court in %ho#as v. Collins, it
.as not b, accident or coincidence that the ri$hts to freedo# of speech and of the press
.ere coupled in a sin$le $uarantee .ith the ri$hts of the people peaceabl, to asse#ble and
to petition the $overn#ent for redress of $rievances. All these ri$hts, .hile not identical, are
inseparable. n ever, case, therefore, .here there is a li#itation placed on the exercise of
this ri$ht, the 5udiciar, is called upon to exa#ine the effects of the challen$ed $overn#ental
actuation. %he sole 5ustification for a li#itation on the exercise of this ri$ht, so funda#ental to
the #aintenance of de#ocratic institutions, is the dan$er, of a character both $rave and
i##inent, of a serious evil to public safet,, public #orals, public health, or an, other
le$iti#ate public interest.
/. No.here is the rationale that underlies the freedo# of expression and peaceable
asse#bl, better expressed than in this excerpt fro# an opinion of Kustice =ran8furter< 7t
#ust never be for$otten, ho.ever, that the Bill of Ri$hts .as the child of the Enli$hten#ent.
Bac8 of the $uarant, of free speech la, faith in the po.er of an appeal to reason b, all the
peaceful #eans for $ainin$ access to the #ind. t .as in order to avert force and explosions
due to restrictions upon rational #odes of co##unication that the $uarant, of free speech
.as $iven a $enerous scope. But utterance in a context of violence can lose its si$nificance
as an appeal to reason and beco#e part of an instru#ent of force. !uch utterance .as not
#eant to be sheltered b, the Constitution.7 Fhat .as ri$htfull, stressed is the abandon#ent
of reason, the utterance, .hether verbal or printed, bein$ in a context of violence. t #ust
al.a,s be re#e#bered that this ri$ht li8e.ise provides for a safet, valve, allo.in$ parties
the opportunit, to $ive vent to their vie.s, even if contrar, to the prevailin$ cli#ate of
opinion. =or if the peaceful #eans of co##unication cannot be availed of, resort to non-
peaceful #eans #a, be the onl, alternative. Nor is this the sole reason for the expression of
dissent. t #eans #ore than 5ust the ri$ht to be heard of the person .ho feels a$$rieved or
.ho is dissatisfied .ith thin$s as the, are. ts value #a, lie in the fact that there #a, be
so#ethin$ .orth hearin$ fro# the dissenter. %hat is to ensure a true fer#ent of ideas. %here
are, of course, .ell-defined li#its. Fhat is $uaranteed is peaceable asse#bl,. "ne #a, not
advocate disorder in the na#e of protest, #uch less preach rebellion under the cloa8 of
dissent. %he Constitution fro.ns on disorder or tu#ult attendin$ a rall, or asse#bl,. Resort
to force is ruled out and outbrea8s of violence to be avoided. %he ut#ost cal# thou$h is not
reAuired. As pointed out in an earl, Philippine case, penned in ')0C to be precise, :nited
!tates v. Apurado< 7t is rather to be expected that #ore or less disorder .ill #ar8 the public
asse#bl, of the people to protest a$ainst $rievances .hether real or i#a$inar,, because on
such occasions feelin$ is al.a,s .rou$ht to a hi$h pitch of excite#ent, and the $reater the
$rievance and the #ore intense the feelin$, the less perfect, as a rule, .ill be the disciplinar,
control of the leaders over their irresponsible follo.ers.7 t bears repeatin$ that for the
constitutional ri$ht to be invo8ed, riotous conduct, in5ur, to propert,, and acts of vandalis#
#ust be avoided. %o $ive free rein to oneJs destructive ur$es is to call for conde#nation. t is
to #a8e a #oc8er, of the hi$h estate occupied b, intellectual libert, in our sche#e of values.
%here can be no le$al ob5ection, absent the existence of a clear and present dan$er of a
substantive evil, on the choice of ;uneta as the place .here the peace rall, .ould start. %he
Philippines is co##itted to the vie. expressed in the pluralit, opinion, of ')+) vinta$e, of
Kustice Roberts in Ea$ue v. C"< 7Fhenever the title of streets and par8s #a, rest, the,
have i##e#oriall, been held in trust for the use of the public and, ti#e out of #ind, have
been used for purposes of asse#bl,, co##unicatin$ thou$hts bet.een citi-ens, and
discussin$ public Auestions. !uch use of the streets and public places has, fro# ancient
ti#es, been a part of the privile$es, i##unities, ri$hts and liberties of citi-ens. %he privile$e
of a citi-en of the :nited !tates to use the streets and par8s for co##unication of vie.s on
national Auestions #a, be re$ulated in the interest of allB it is not absolute, but relative, and
#ust be exercised in subordination to the $eneral co#fort and convenience, and in
consonance .ith peace and $ood orderB but #ust not, in the $uise of re$ulation, be abrid$ed
or denied.7 %he above excerpt .as Auoted .ith approval in Pri#icias v. =u$oso. Pri#icias
#ade explicit .hat .as i#plicit in Municipalit, of Cavite v. Ro5as, a ')'1 decision, .here this
Court cate$oricall, affir#ed that pla-as or par8s and streets are outside the co##erce of
#an and thus nullified a contract that leased Pla-a !oledad of plaintiff-#unicipalit,.
Reference .as #ade to such pla-a 7bein$ a pro#enade for public use,7 .hich certainl, is
not the onl, purpose that it could serve. %o repeat, there can be no valid reason .h, a per#it
should not be $ranted for the proposed #arch and rall, startin$ fro# a public par8 that is the
;uneta.
4. Neither can there be an, valid ob5ection to the use of the streets to the $ates of the :!
e#bass,, hardl, t.o bloc8s a.a, at the Roxas Boulevard. Pri#icias v. =u$oso has resolved
an, lur8in$ doubt on the #atter. n holdin$ that the then Ma,or =u$oso of the Cit, of Manila
should $rant a per#it for a public #eetin$ at Pla-a Miranda in Muiapo, this Court
cate$oricall, declared< 7"ur conclusion finds support in the decision in the case of Fillis Cox
v. !tate of Ne. Ea#pshire, +'/ :.!., 1(). n that case, the statute of Ne. Ea#pshire P.;.
chap. '41, section /, providin$ that no parade or procession upon an, $round abuttin$
thereon, shall be per#itted unless a special license therefor shall first be obtained fro# the
select#en of the to.n or fro# licensin$ co##ittee,J .as construed b, the !upre#e Court of
Ne. Ea#pshire as not conferrin$ upon the licensin$ board unfettered discretion to refuse to
$rant the license, and held valid. And the !upre#e Court of the :nited !tates, in its decision
2')4'3 penned b, Chief Kustice Eu$hes affir#in$ the 5ud$#ent of the !tate !upre#e Court,
held that Na statute reAuirin$ persons usin$ the public streets for a parade or procession to
procure a special license therefor fro# the local authorities is not an unconstitutional
abrid$#ent of the ri$hts of asse#bl, or of freedo# of speech and press, .here, as the
statute is construed b, the state courts, the licensin$ authorities are strictl, li#ited, in the
issuance of licenses, to a consideration of the ti#e, place, and #anner of the parade or
procession, .ith a vie. to conservin$ the public convenience and of affordin$ an opportunit,
to provide proper policin$, and are not invested .ith arbitrar, discretion to issue or refuse
license, O O O. 7Nor should the point #ade b, Chief Kustice Eu$hes in a subseAuent portion of
the opinion be i$nored< 7Civil liberties, as $uaranteed b, the Constitution, i#pl, the existence
of an or$ani-ed societ, #aintainin$ public order .ithout .hich libert, itself .ould be lost in
the excesses of unrestricted abuses. %he authorit, of a #unicipalit, to i#pose re$ulations in
order to assure the safet, and convenience of the people in the use of public hi$h.a,s has
never been re$arded as inconsistent .ith civil liberties but rather as one of the #eans of
safe$uardin$ the $ood order upon .hich the, ulti#atel, depend. %he control of travel on the
streets of cities is the #ost fa#iliar illustration of this reco$nition of social need. Fhere a
restriction of the use of hi$h.a,s in that relation is desi$ned to pro#ote the public
convenience in the interest of all, it cannot be disre$arded b, the atte#pted exercise of
so#e civil ri$ht .hich in other circu#stances .ould be entitled to protection.7
x x x
(. x x x %he principle under A#erican doctrines .as $iven utterance b, Chief Kustice Eu$hes
in these .ords< 7%he Auestion, if the ri$hts of free speech and peaceable asse#bl, are to be
preserved, is not as to the auspices under .hich the #eetin$ is held but as to its purposeB
not as to the relations of the spea8ers, but .hether their utterances transcend the bounds of
the freedo# of speech .hich the Constitution protects.7 %here could be dan$er to public
peace and safet, if such a $atherin$ .ere #ar8ed b, turbulence. %hat .ould deprive it of its
peaceful character. Even then, onl, the $uilt, parties should be held accountable. t is true
that the licensin$ official, here respondent Ma,or, is not devoid of discretion in deter#inin$
.hether or not a per#it .ould be $ranted. t is not, ho.ever, unfettered discretion. Fhile
prudence reAuires that there be a realistic appraisal not of .hat #a, possibl, occur but of
.hat #a, probably occur, $iven all the relevant circu#stances, still the assu#ption @
especiall, so .here the asse#bl, is scheduled for a specific public place @ is that the per#it
#ust be for the asse#bl, bein$ held there. %he exercise of such a ri$ht, in the lan$ua$e of
Kustice Roberts, spea8in$ for the A#erican !upre#e Court, is not to be 7abrid$ed on the
plea that it #a, be exercised in so#e other place.7
x x x
*. B, .a, of a su##ar,. %he applicants for a per#it to hold an asse#bl, should infor# the
licensin$ authorit, of the date, the public place where and the ti#e .hen it .ill ta8e place. f
it .ere a private place, onl, the consent of the o.ner or the one entitled to its le$al
possession is reAuired. !uch application should be filed .ell ahead in ti#e to enable the
public official concerned to appraise .hether there #a, be valid ob5ections to the $rant of the
per#it or to its $rant but at another public place. t is an indispensable condition to such
refusal or #odification that the clear and present dan$er test be the standard for the decision
reached. f he is of the vie. that there is such an i##inent and $rave dan$er of a
substantive evil, the applicants #ust be heard on the #atter. %hereafter, his decision,
.hether favorable or adverse, #ust be trans#itted to the# at the earliest opportunit,. %hus if
so #inded, the, can have recourse to the proper 5udicial authorit,. =ree speech and
peaceable asse#bl,, alon$ .ith the other intellectual freedo#s, are hi$hl, ran8ed in our
sche#e of constitutional values. t cannot be too stron$l, stressed that on the 5udiciar,, --
even #ore so than on the other depart#ents @ rests the $rave and delicate responsibilit, of
assurin$ respect for and deference to such preferred ri$hts. No verbal for#ula, no
sanctif,in$ phrase can, of course, dispense .ith .hat has been so felicitiousl, ter#ed b,
Kustice Eol#es 7as the soverei$n prero$ative of 5ud$#ent.7 Nonetheless, the presu#ption
#ust be to incline the .ei$ht of the scales of 5ustice on the side of such ri$hts, en5o,in$ as
the, do precedence and pri#ac,. x x x.
B.P. No. **0 .as enacted after this Court rendered its decision in !eyes#
%he provisions of B.P. No. **0 practicall, codif, the rulin$ in !eyes<
Re,es v. Ba$atsin$
2&.R. No. ;-(1+((, Nove#ber ), ')*+,
'/1 !CRA 11+, 1()3
*. B, .a, of a su##ar,. %he applicants for a
per#it to hold an asse#bl, should infor# the
licensin$ authorit, of the date, the public
placewhere and the ti#e .hen it .ill ta8e
place. f it .ere a private place, onl, the
consent of the o.ner or the one entitled to its
le$al possession is reAuired. !uch application
should be filed .ell ahead in ti#e to enable the
public official concerned to appraise .hether
there #a, be valid ob5ections to the $rant of
the per#it or to its $rant but at another public
place. t is an indispensable condition to such
B.P. No. **0
!ec. 4. Permit when required and when not
required.-- A .ritten per#it shall be reAuired for
an, person or persons to or$ani-e and hold a
public asse#bl, in a public place. Eo.ever, no
per#it shall be reAuired if the public asse#bl,
shall be done or #ade in a freedo# par8 dul,
established b, la. or ordinance or in private
propert,, in .hich case onl, the consent of the
o.ner or the one entitled to its le$al
possession is reAuired, or in the ca#pus of a
$overn#ent-o.ned and operated educational
institution .hich shall be sub5ect to the rules
and re$ulations of said educational institution.
Political #eetin$s or rallies held durin$ an,
election ca#pai$n period as provided for b,
refusal or #odification that the clear and
present dan$er test be the standard for the
decision reached. f he is of the vie. that there
is such an i##inent and $rave dan$er of a
substantive evil, the applicants #ust be heard
on the #atter. %hereafter, his decision, .hether
favorable or adverse, #ust be trans#itted to
the# at the earliest opportunit,. %hus if so
#inded, the, can have recourse to the proper
5udicial authorit,.
la. are not covered b, this Act.
!ec. 1. Application requirements.-- All
applications for a per#it shall co#pl, .ith the
follo.in$ $uidelines<
2a3 %he applications shall be in .ritin$
and shall include the na#es of the
leaders or or$ani-ersB the purpose of
such public asse#bl,B the date, ti#e
and duration thereof, and place or
streets to be used for the intended
activit,B and the probable nu#ber of
persons participatin$, the transport and
the public address s,ste#s to be used.
2b3 %he application shall incorporate
the dut, and responsibilit, of applicant
under !ection * hereof.
2c3 %he application shall be filed .ith
the office of the #a,or of the cit, or
#unicipalit, in .hose 5urisdiction the
intended activit, is to be held, at least
five 213 .or8in$ da,s before the
scheduled public asse#bl,.
2d3 :pon receipt of the application,
.hich #ust be dul, ac8no.led$ed in
.ritin$, the office of the cit, or
#unicipal #a,or shall cause the sa#e
to i##ediatel, be posted at a
conspicuous place in the cit, or
#unicipal buildin$.
!ec. (. Action to be taken on the application. @
2a3 t shall be the dut, of the #a,or or
an, official actin$ in his behalf to issue
or $rant a per#it unless there is clear
and convincin$ evidence that the
public asse#bl, .ill create a clear and
present dan$er to public order, public
safet,, public convenience, public
#orals or public health.
2b3 %he #a,or or an, official actin$ in
his behalf shall act on the application
.ithin t.o 2/3 .or8in$ da,s fro# the
date the application .as filed, failin$
.hich, the per#it shall be dee#ed
$ranted. !hould for an, reason the
#a,or or an, official actin$ in his
behalf refuse to accept the application
for a per#it, said application shall be
posted b, the applicant on the
pre#ises of the office of the #a,or and
shall be dee#ed to have been filed.
2c3 f the #a,or is of the vie. that there
is i##inent and $rave dan$er of a
substantive evil .arrantin$ the denial
or #odification of the per#it, he shall
i##ediatel, infor# the applicant .ho
#ust be heard on the #atter.
2d3 %he action on the per#it shall be in
.ritin$ and served on the applica>nt?
.ithin t.ent,-four hours.
2e3 f the #a,or or an, official actin$ in
his behalf denies the application or
#odifies the ter#s thereof in his
per#it, the applicant #a, contest the
decision in an appropriate court of la..
2f3 n case suit is brou$ht before the
Metropolitan %rial Court, the Municipal
%rial Court, the Municipal Circuit %rial
Court, the Re$ional %rial Court, or the
nter#ediate Appellate Court, its
decisions #a, be appealed to the
appropriate court .ithin fort,-ei$ht 24*3
hours after receipt of the sa#e. No
appeal bond and record on appeal
shall be reAuired. A decision $rantin$
such per#it or #odif,in$ it in ter#s
satisfactor, to the applicant shall be
i##ediatel, executor,.
2$3 All cases filed in court under this
section shall be decided .ithin t.ent,-
four 2/43 hours fro# date of filin$.
Cases filed hereunder shall be
i##ediatel, endorsed to the executive
5ud$e for disposition or, in his absence,
to the next in ran8.
2h3 n all cases, an, decision #a, be
appealed to the !upre#e Court.
2i3 %ele$raphic appeals to be follo.ed
b, for#al appeals are hereb, allo.ed.
t is ver, clear, therefore, that B.P. No. **0 is not an absolute ban of public asse#blies but a
restriction that si#pl, re$ulates the ti#e, place and #anner of the asse#blies. %his .as adverted to
in )sme+a v# 'omelec,
/0
.here the Court referred to it as a 7content-neutral7 re$ulation of the ti#e,
place, and #anner of holdin$ public asse#blies.
/'
A fair and i#partial readin$ of B.P. No. **0 thus readil, sho.s that it refers to +ll 8inds of public
asse#blies
//
that .ould use public places. %he reference to 7la.ful cause7 does not #a8e it content-
based because asse#blies reall, have to be for la.ful causes, other.ise the, .ould not be
7peaceable7 and entitled to protection. Neither are the .ords 7opinion,7 7protestin$7 and 7influencin$7
in the definition of public asse#bl, content based, since the, can refer to an, sub5ect. %he .ords
7petitionin$ the $overn#ent for redress of $rievances7 co#e fro# the .ordin$ of the Constitution, so
its use cannot be avoided. =inall,, #axi#u# tolerance is for the protection and benefit of all rall,ists
and is independent of the content of the expressions in the rall,.
=urther#ore, the per#it can onl, be denied on the $round of clear and present dan$er to public
order, public safet,, public convenience, public #orals or public health. %his is a reco$ni-ed
exception to the exercise of the ri$ht even under the :niversal Declaration of Eu#an Ri$hts and the
nternational Covenant on Civil and Political Ri$hts, thus<
U*i5(r'+l "(2l+r+,io* o7 >40+* Ri</,'
Article /0
'. Ever,one has the ri$ht to freedo# of peaceful asse#bl, and association.
x x x
Article /)
'. Ever,one has duties to the co##unit, in .hich alone the free and full develop#ent of his
personalit, is possible.
/. n the exercise of his ri$hts and freedo#s, ever,one shall be sub5ect onl, to such
li#itations as are deter#ined b, la. solel, for the purpose of securin$ due reco$nition and
respect for the ri$hts and freedo#s of others and of #eetin$ the 5ust reAuire#ents of
#oralit,, public order and the $eneral .elfare in a de#ocratic societ,.
+. %hese ri$hts and freedo#s #a, in no case be exercised contrar, to the purposes and
principles of the :nited Nations.
T/( *,(r*+,io*+l Co5(*+*, o* Ci5il +*. Poli,i2+l Ri</,'
Article ').
'. Ever,one shall have the ri$ht to hold opinions .ithout interference.
/. Ever,one shall have the ri$ht to freedo# of expressionB this ri$ht shall include freedo# to
see8, receive and i#part infor#ation and ideas of all 8inds, re$ardless of frontiers, either
orall,, in .ritin$ or in print, in the for# of art, or throu$h an, other #edia of his choice.
+. %he exercise of the ri$hts provided for in para$raph / of this article carries .ith it special
duties and responsibilities. t #a, therefore be sub5ect to certain restrictions, but these shall
onl, be such as are provided b, la. and are necessar,<
2a3 =or respect of the ri$hts or reputations of othersB
2b3 =or the protection of national securit, or of public order 2ordre public3, or of public
health or #orals.
Contrar, to petitionerJs clai#, the la. is ver, clear and is no.here va$ue in its provisions. 7Public7
does not have to be defined. ts ordinar, #eanin$ is .ell-8no.n. FebsterJs Dictionar, defines it,
thus<
/+
public, n, x x x /a< an or$ani-ed bod, of people x x x +< a $roup of people distin$uished b, co##on
interests or characteristics x x x.
Not ever, expression of opinion is a public asse#bl,. %he la. refers to 7rall,, de#onstration, #arch,
parade, procession or an, other for# of #ass or concerted action held in a public place.7 !o it does
not cover an, and all 8inds of $atherin$s.
Neither is the la. overbroad. t re$ulates the exercise of the ri$ht to peaceful asse#bl, and petition
onl, to the extent needed to avoid a clear and present dan$er of the substantive evils Con$ress has
the ri$ht to prevent.
%here is, li8e.ise, no prior restraint, since the content of the speech is not relevant to the re$ulation.
As to the dele$ation of po.ers to the #a,or, the la. provides a precise and sufficient standard @ the
clear and present dan$er test stated in !ec. (2a3. %he reference to 7i##inent and $rave dan$er of a
substantive evil7 in !ec. (2c3 substantiall, #eans the sa#e thin$ and is not an inconsistent standard.
As to .hether respondent Ma,or has the sa#e po.er independentl, under Republic Act No.
C'(0
/4
is thus not necessar, to resolve in these proceedin$s, and .as not pursued b, the parties in
their ar$u#ents.
=inall,, for those .ho cannot .ait, !ection '1 of the la. provides for an alternative foru# throu$h the
creation of freedo# par8s .here no prior per#it is needed for peaceful asse#bl, and petition at an,
ti#e<
!ec. '1. &reedom parks. @ Ever, cit, and #unicipalit, in the countr, shall .ithin six #onths after the
effectivit, of this Act establish or desi$nate at least one suitable 7freedo# par87 or #all in their
respective 5urisdictions .hich, as far as practicable, shall be centrall, located .ithin the poblacion
.here de#onstrations and #eetin$s #a, be held at an, ti#e .ithout the need of an, prior per#it.
n the cities and #unicipalities of Metropolitan Manila, the respective #a,ors shall establish the
freedo# par8s .ithin the period of six #onths fro# the effectivit, this Act.
%his brin$s up the point, ho.ever, of co#pliance .ith this provision.
%he !olicitor &eneral stated durin$ the oral ar$u#ents that, to his 8no.led$e, onl, Cebu Cit, has
declared a freedo# par8 @ =uente "s#e6a.
%hat of Manila, the !un8en &ardens, has since been converted into a $olf course, he added.
f this is so, the de$ree of observance of B.P. No. **0Js #andate that ever, cit, and #unicipalit, set
aside a freedo# par8 .ithin six #onths fro# its effectivit, in ')*1, or /0 ,ears a$o, .ould be
pathetic and re$rettable. %he #atter appears to have been ta8en for $ranted a#idst the s.ell of
freedo# that rose fro# the peaceful revolution of ')*(.
Considerin$ that the existence of such freedo# par8s is an essential part of the la.Js s,ste# of
re$ulation of the peopleJs exercise of their ri$ht to peacefull, asse#ble and petition, the Court is
constrained to rule that after thirt, 2+03 da,s fro# the finalit, of this Decision, no prior per#it #a, be
reAuired for the exercise of such ri$ht in an, public par8 or pla-a of a cit, or #unicipalit, until that
cit, or #unicipalit, shall have co#plied .ith !ection '1 of the la.. =or .ithout such alternative
foru#, to den, the per#it .ould in effect be to den, the ri$ht. Advance notices should, ho.ever, be
$iven to the authorities to ensure proper coordination and orderl, proceedin$s.
%he Court no. co#es to the #atter of the CPR. As stated earlier, the !olicitor &eneral has
conceded that the use of the ter# should no. be discontinued, since it does not #ean an,thin$
other than the #axi#u# tolerance polic, set forth in B.P. No. **0. %his is stated in the Affidavit of
respondent Executive !ecretar, Eduardo Er#ita, sub#itted b, the !olicitor &eneral, thus<
'4. %he truth of the #atter is the polic, of 7calibrated pree#ptive response7 is in consonance .ith the
le$al definition of 7#axi#u# tolerance7 under !ection + 2c3 of B.P. Bl$. **0, .hich is the 7hi$hest
de$ree of restraint that the #ilitar,, police and other peace8eepin$ authorities shall observe durin$ a
public asse#bl, or in the dispersal of the sa#e.7 :nfortunatel,, ho.ever, the phrase 7#axi#u#
tolerance7 has acAuired a different #eanin$ over the ,ears. Man, have ta8en it to #ean inaction on
the part of la. enforcers even in the face of #a,he# and serious threats to public order. More so,
other felt that the, need not bother secure a per#it .hen holdin$ rallies thin8in$ this .ould be
7tolerated.7 Clearl,, the popular connotation of 7#axi#u# tolerance7 has departed fro# its real
essence under B.P. Bl$. **0.
'1. t should be e#phasi-ed that the polic, of #axi#u# tolerance is provided under the sa#e la.
.hich reAuires all pubic asse#blies to have a per#it, .hich allo.s the dispersal of rallies .ithout a
per#it, and .hich reco$ni-es certain instances .hen .ater cannons #a, be used. %his could onl,
#ean that 7#axi#u# tolerance7 is not in conflict .ith a 7no per#it, no rall, polic,7 or .ith the
dispersal and use of .ater cannons under certain circu#stances for indeed, the #axi#u# a#ount of
tolerance reAuired is dependent on ho. peaceful or unrul, a #ass action is. "ur la. enforcers
should calibrate their response based on the circu#stances on the $round .ith the vie. to
pree#ptin$ the outbrea8 of violence.
'(. %hus, .hen stated that calibrated pree#ptive response is bein$ enforced in lieu of #axi#u#
tolerance clearl, .as not referrin$ to its le$al definition but to the distorted and #uch abused
definition that it has no. acAuired. onl, .anted to disabuse the #inds of the public fro# the notion
that la. enforcers .ould shir8 their responsibilit, of 8eepin$ the peace even .hen confronted .ith
dan$erousl, threatenin$ behavior. .anted to send a #essa$e that .e .ould no lon$er be lax in
enforcin$ the la. but .ould henceforth follo. it to the letter. %hus said, 7.e have instructed the
PNP as .ell as the local $overn#ent units to strictl, enforce a no per#it, no rall, polic, . . . arrest all
persons violatin$ the la.s of the land . . . unla.ful #ass actions .ill be dispersed.7 None of these is
at lo$$erheads .ith the letter and spirit of Batas Pa#bansa Bl$. **0. t is thus absurd for
co#plainants to even clai# that ordered #, co-respondents to violate an, la..
/1
At an, rate, the Court rules that in vie. of the #axi#u# tolerance #andated b, B.P. No. **0, CPR
serves no valid purpose if it #eans the sa#e thin$ as #axi#u# tolerance and is ille$al if it #eans
so#ethin$ else. Accordin$l,, .hat is to be follo.ed is and should be that #andated b, the la. itself,
na#el,, #axi#u# tolerance, .hich specificall, #eans the follo.in$<
!ec. +. Definition of terms. @ =or purposes of this Act<
x x x
2c3 7Maxi#u# tolerance7 #eans the hi$hest de$ree of restraint that the #ilitar,, police and other
peace 8eepin$ authorities shall observe durin$ a public asse#bl, or in the dispersal of the sa#e.
x x x
!ec. ). $on%interference by law enforcement authorities. @ ;a. enforce#ent a$encies shall not
interfere .ith the holdin$ of a public asse#bl,. Eo.ever, to adeAuatel, ensure public safet,, a la.
enforce#ent contin$ent under the co##and of a responsible police officer #a, be detailed and
stationed in a place at least one hundred 2'003 #eters a.a, fro# the area of activit, read, to
#aintain peace and order at all ti#es.
!ec. '0. Police assistance when requested. @ t shall be i#perative for la. enforce#ent a$encies,
.hen their assistance is reAuested b, the leaders or or$ani-ers, to perfor# their duties al.a,s
#indful that their responsibilit, to provide proper protection to those exercisin$ their ri$ht peaceabl,
to asse#ble and the freedo# of expression is pri#ordial.0avvphi l#net %o.ards this end, la. enforce#ent
a$encies shall observe the follo.in$ $uidelines<
2a3 Me#bers of the la. enforce#ent contin$ent .ho deal .ith the de#onstrators shall be in
co#plete unifor# .ith their na#eplates and units to .hich the, belon$ displa,ed pro#inentl,
on the front and dorsal parts of their unifor# and #ust observe the polic, of 7#axi#u#
tolerance7 as herein definedB
2b3 %he #e#bers of the la. enforce#ent contin$ent shall not carr, an, 8ind of firear#s but
#a, be eAuipped .ith baton or riot stic8s, shields, crash hel#ets .ith visor, $as #as8s,
boots or an8le hi$h shoes .ith shin $uardsB
2c3 %ear $as, s#o8e $renades, .ater cannons, or an, si#ilar anti-riot device shall not be
used unless the public asse#bl, is attended b, actual violence or serious threats of
violence, or deliberate destruction of propert,.
,ec# ''. Dispersal of public assembly with permit. @ No public asse#bl, .ith a per#it shall be
dispersed. Eo.ever, .hen an asse#bl, beco#es violent, the police #a, disperse such public
asse#bl, as follo.s<
2a3 At the first si$n of i#pendin$ violence, the ran8in$ officer of the la. enforce#ent
contin$ent shall call the attention of the leaders of the public asse#bl, and as8 the latter to
prevent an, possible disturbanceB
2b3 f actual violence starts to a point .here roc8s or other har#ful ob5ects fro# the
participants are thro.n at the police or at the non-participants, or at an, propert, causin$
da#a$e to such propert,, the ran8in$ officer of the la. enforce#ent contin$ent shall audibl,
.arn the participants that if the disturbance persists, the public asse#bl, .ill be dispersedB
2c3 f the violence or disturbance prevailin$ as stated in the precedin$ subpara$raph should
not stop or abate, the ran8in$ officer of the la. enforce#ent contin$ent shall audibl, issue a
.arnin$ to the participants of the public asse#bl,, and after allo.in$ a reasonable period of
ti#e to lapse, shall i##ediatel, order it to forth.ith disperseB
2d3 No arrest of an, leader, or$ani-er or participant shall also be #ade durin$ the public
asse#bl, unless he violates durin$ the asse#bl, a la., statute, ordinance or an, provision
of this Act. !uch arrest shall be $overned b, Article '/1 of the Revised Penal Code, as
a#endedB
2d3 solated acts or incidents of disorder or breach of the peace durin$ the public asse#bl,
shall not constitute a $round for dispersal.
x x x
!ec. '/. Dispersal of public assembly without permit. @ Fhen the public asse#bl, is held .ithout a
per#it .here a per#it is reAuired, the said public asse#bl, #a, be peacefull, dispersed.
!ec. '+. Prohibited acts. @ %he follo.in$ shall constitute violations of the Act<
2e3 "bstructin$, i#pedin$, disruptin$ or other.ise den,in$ the exercise of the ri$ht to peaceful
asse#bl,B
2f3 %he unnecessar, firin$ of firear#s b, a #e#ber of an, la. enforce#ent a$enc, or an, person to
disperse the public asse#bl,B
2$3 Acts described hereunder if co##itted .ithin one hundred 2'003 #eters fro# the area of activit,
of the public asse#bl, or on the occasion thereof<
x x x
4. the carr,in$ of firear#s b, #e#bers of the la. enforce#ent unitB
1. the interferin$ .ith or intentionall, disturbin$ the holdin$ of a public asse#bl, b, the use of a
#otor vehicle, its horns and loud sound s,ste#s.
=urther#ore, there is need to address the situation adverted to b, petitioners .here #a,ors do not
act on applications for a per#it and .hen the police de#and a per#it and the rall,ists could not
produce one, the rall, is i##ediatel, dispersed. n such a situation, as a necessar, conseAuence
and part of #axi#u# tolerance, rall,ists .ho can sho. the police an application dul, filed on a $iven
date can, after t.o da,s fro# said date, rall, in accordance .ith their application .ithout the need to
sho. a per#it, the $rant of the per#it bein$ then presu#ed under the la., and it .ill be the burden
of the authorities to sho. that there has been a denial of the application, in .hich case the rall, #a,
be peacefull, dispersed follo.in$ the procedure of #axi#u# tolerance prescribed b, the la..
n su#, this Court reiterates its basic polic, of upholdin$ the funda#ental ri$hts of our people,
especiall, freedo# of expression and freedo# of asse#bl,. n several polic, addresses, Chief
Kustice Arte#io H. Pan$aniban has repeatedl, vo.ed to uphold the libert, of our people and to
nurture their prosperit,. Ee said that 7in cases involvin$ libert,, the scales of 5ustice should .ei$h
heavil, a$ainst the $overn#ent and in favor of the poor, the oppressed, the #ar$inali-ed, the
dispossessed and the .ea8. ndeed, la.s and actions that restrict funda#ental ri$hts co#e to the
courts .ith a heav, presu#ption a$ainst their validit,. %hese la.s and actions are sub5ected
to/(i</,(*(. scrutin,.7
/(
=or this reason, the so-called calibrated pree#ptive response polic, has no place in our le$al
fir#a#ent and #ust be struc8 do.n as a dar8ness that shrouds freedo#. t #erel, confuses our
people and is used b, so#e police a$ents to 5ustif, abuses. "n the other hand, B.P. No. **0 cannot
be conde#ned as unconstitutionalB it does not curtail or undul, restrict freedo#sB it #erel, re$ulates
the use of public places as to the ti#e, place and #anner of asse#blies. =ar fro# bein$ insidious,
7#axi#u# tolerance7 is for the benefit of rall,ists, not the $overn#ent. %he dele$ation to the #a,ors
of the po.er to issue rall, 7per#its7 is valid because it is sub5ect to the constitutionall,-sound 7clear
and present dan$er7 standard.
n this Decision, the Court $oes even one step further in safe$uardin$ libert, b, $ivin$ local
$overn#ents a deadline of +0 da,s .ithin .hich to desi$nate specific freedo# par8s as provided
under B.P. No. **0. f, after that period, no such par8s are so identified in accordance .ith !ection
'1 of the la., all public par8s and pla-as of the #unicipalit, or cit, concerned shall in effect be
dee#ed freedo# par8sB no prior per#it of .hatever 8ind shall be reAuired to hold an asse#bl,
therein. %he onl, reAuire#ent .ill be .ritten notices to the police and the #a,orJs office to allo.
proper coordination and orderl, activities.
:>ERE%ORE, the petitions are GRANTE" in part, and respondents, #ore particularl, the
!ecretar, of the nterior and ;ocal &overn#ents, are "RECTE" to ta8e all necessar, steps for the
i##ediate co#pliance .ith !ection '1 of Batas Pa#bansa No. **0 throu$h the establish#ent or
desi$nation of at least one suitable freedo# par8 or pla-a in ever, cit, and #unicipalit, of the
countr,. After thirt, 2+03 da,s fro# the finalit, of this Decision, sub5ect to the $ivin$ of advance
notices, no prior per#it shall be reAuired to exercise the ri$ht to peaceabl, asse#ble and petition in
the public par8s or pla-as of a cit, or #unicipalit, that has not ,et co#plied .ith !ection '1 of the
la.. =urther#ore, C+li=r+,(. Pr((0p,i5( R('po*'( #CPR3, insofar as it .ould purport to differ
fro# or be in lieu of #axi#u# tolerance, is NU!! and 8O" and respondents
are EN&ONE" to RE%RAN fro# usin$ it and toSTRCT!Y OBSER8E the reAuire#ents of
#axi#u# tolerance. %he petitions are "SMSSE" in all other respects, and the 2o*',i,4,io*+li,- of
Batas Pa#bansa No. **0 is SUSTANE".
No costs.
SO OR"ERE".
A"O!%O S. A6CUNA
Associate Kustice
:E CONCURA
ARTEMO 8. PANGANBAN
Chief Kustice
2"n ;eave3
REYNATO S. PUNO
Associate Kustice
!EONAR"O A. 9USUMBNG
Asscociate Kustice
CONSUE!O YNARES?SANTAGO
Associate Kustice
ANGE!NA SAN"O8A!?GUTERRE6
Asscociate Kustice
ANTONO T. CARPO
Associate Kustice
MA. A!CA AUSTRA?MARTNE6
Asscociate Kustice
RENATO C. CORONA
Associate Kustice
CONC>TA CARPO MORA!ES
Asscociate Kustice
ROMEO &. CA!!E&O, SR.
Associate Kustice
"ANTE O. TNGA
Asscociate Kustice
MNTA 8. C>CO?NA6ARO
Associate Kustice
CANCO C. GARCA
Asscociate Kustice
PRESBTERO &. 8E!ASCO, &R.
Associate Kustice
C E R % = C A % " N
Pursuant to !ection '+, Article H of the Constitution, it is hereb, certified that the conclusions in the
above Decision .ere reached in consultation before the cases .ere assi$ned to the .riter of the
opinion of the Court.
ARTEMO 8. PANGANBAN
Chief Kustice
%oo,*o,('
'
Petition for Certiorari, Manda#us and Prohibition .ith Pra,er for %e#porar, Restrainin$
"rder filed b, Ba,an, 9arapatan, 9ilusan$ Ma$bubu8id N$ Pilipinas 29MP3, C":RA&E,
&ABRE;A, =r. Kose A. Di-on, Renato Constantino, Kr., =ro,el Iane-a, and =ahi#a %a5ar.
/
Petition for Prohibition, n5unction, Restrainin$ "rder and other Kust and EAuitable Reliefs
filed b, Kess Del Prado, Filson =ortale-a, ;eod, de &u-#an, Pedro Pinlac, Car#elita
Morante, Rasti Deli-o, Paul Ban$a,, Marie Ko "ca#po, ;ilia dela Cru-, Cristeta Ra#os,
Adelaida Ra#os, Mar, &race &on-ales, Michael %orres, Rendo !abusap, Precious Balute,
Roxanne Ma$boo, Ernie Bautista, Koseph de Kesus, Mar$arita Escober, D5oannal,n Kanier,
Ma$dalena !ellote, Mann, Muia-on, Ericson Di-on, Nenita Cru-at, ;eonardo De los Re,es,
Pedrito =adri$on.
+
Petition for Certiorari, Prohibition and Manda#us .ith Pra,er for ssuance of Restrainin$
"rder filed b, 9ilusan$ Ma,o :no, represented b, its Chairperson El#er C. ;abo$ and
!ecretar, &eneral Koel Ma$lunsod, National =ederation of ;abor :nions @ 9ilusan$ Ma,o
:no 2NA=;:-9M:3, represented b, its National President, Koselito H. :stare-, Antonio C.
Pascual, !alvador %. Carran-a, &ilda !u#ilan$, =rancisco ;astrella, and RoAue M. %an.
4
Petitioner &ilda !u#ilan$.
1
Petition, &.R. No. '()*+*, p. /).
(
Citin$ Adiong v# 'ommission on (lections, /0C !CRA C'/ 2'))/3B nited ,tates v# )1Brien,
+)' :.!. +(C, /0 ;. Ed. /d (C/ 2')(*3B see R.D. Rotunda, et al., %REA%!E "N
C"N!%%:%"NA; ;AF< !:B!%ANCE AND PR"CED:RE 2')*(3 citin$ 'lark v#
'ommunity for 'reative $on%2iolence, 4(* :.!. /**, '04 !.Ct. +0(1, */ ;.Ed. /d //'
2')*43.
C
&.R. No. '+//+', March +', '))*, /** !CRA 44C.
*
&.R. No. '0+)1(, March +', '))/, /0C !CRA C'/.
)
&.R. No. C''(), Au$ust /1, ')*), 'C( !CRA C').
'0
Citin$ -glesia ni 'risto v# 'ourt of Appeals, &.R. No. '')(C+, Kul, /(, '))(, /1) !CRA 1/).
''
&. R. No. ;-(1+((, Nove#ber ), ')*+, '/1 !CRA 11+.
'/
*0 Phil. C' 2')4*3.
'+
&.R. No. '/4140, Nove#ber '4, '))C.
'4
Resolution dated March /*, /00(.
'1
+4( Phil. ((1-((( 2'))C3.
'(
C Phil. 4// 2')0C3.
'C
*0 Phil. C' 2')4*3.
'*
-bid at C1-C( 2E#phasis supplied3.
')
&.R. No. ;-(1+((, Nove#ber ), ')*+, '/1 !CRA 11+.
/0
&.R. No. '+//+', March +', '))*, /** !CRA 44C.
/'
-bid, p. 4C*.
//
Except pic8etin$ and other concerted action in stri8e areas b, .or8ers and e#plo,ees
resultin$ fro# a labor dispute, .hich are $overned b, the ;abor Code and other labor la.sB
political #eetin$ or rallies held durin$ an, election ca#pai$n period, .hich are $overned b,
the Election Code and other election related la.sB and public asse#blies in the ca#pus of a
$overn#ent-o.ned and operated educational institution, .hich shall be sub5ect to the rules
and re$ulations of said educational institution. 2!ec. +>a? and !ec. 4 of B.P. No. **03.
/+
FEB!%ERJ! %ERD NEF N%ERNA%"NA; DC%"NARI "= %EE EN&;!E
;AN&:A&E :NABRD&ED 2'))+ Ed3., p. '*+(.
/4
%he ;ocal &overn#ent Code. !pecificall,, !ection '( statin$ the $eneral .elfare clause,
thus<
!ec. '(. 3eneral 4elfare. @ Ever, local $overn#ent unit shall exercise the po.ers
expressl, $ranted, those necessaril, i#plied therefro#, as .ell as po.ers necessar,,
appropriate, or incidental for its efficient and effective $overnance, and those .hich
are essential to the pro#otion of the $eneral .elfare. Fithin their respective territorial
5urisdictions, local $overn#ent units shall ensure and support a#on$ other thin$s,
the preservation and enrich#ent of culture, pro#ote health and safet,, enhance the
ri$ht of the people to a balanced ecolo$,, encoura$e and support the develop#ent of
appropriate and self-reliant scientific and technolo$ical capabilities, i#prove public
#orals, enhance econo#ic prosperit, and social 5ustice, pro#ote full e#plo,#ent
a#on$ their residents, #aintain peace and order, and preserve the co#fort and
convenience of their inhabitants.
/1
RespondentsJ Consolidated Me#orandu#, pp. +0-+' 2E#phasis supplied b, respondents3.
/(
Chief Kustice Arte#io H. Pan$aniban, /iberty and Prosperity, =ebruar, '1, /00(.