24 Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders VI. The Right to Peacefully Assemble: The laws on Illegal Assemblies The right to peacefully assemble and to petition the government for redress of grievances is guaranteed in Article III, Section 4 of the Constitution. The Supreme Court interprets this as the right of the people to meet peaceably for consultation and discussion of matters of public concern.148 On several occasions, the Court has hailed the right to peaceably assemble and to petition the government for redress of grievances as “the very basis of a functional democratic polity” and therefore, enjoy “primacy in the realm of constitutional protection.”149 A. Batas Pambansa 880 (B.P. 880) 150 and Article 146 of the RPC on illegal assemblies The ICJ received information that local government officials often deny applications for a permit to assemble, forcing the organizers to either resort to time consuming and costly judicial appeals, which are often unsuccessful, or to decide to proceed with the assembly without a permit and risk potential arrest and prosecution under B.P. 880. When protests without a permit do occur, police personnel have used B.P. 880 as a pretext to disperse the assembly. One group documented that between July 2010 and April 2013, there were allegedly 2,781 dispersals by law enforcement of public assemblies and gatherings throughout the country.151 B.P. 880 is most often used by law enforcement as a justification to disperse peaceful public assemblies organized and attended by human rights defenders. Under this law, groups planning to undertake a public assembly must file an application for a permit with the office of the mayor of the city or municipality where the assembly is planned to take place.152 The application must be made in writing and must state the names of the leaders or the organizers, purpose of the assembly, date, time, duration, place or streets that shall be utilized by the assembly, and the number of persons expected to attend.153 The application must be filed at least 5 working days before the event.154 The office of the mayor must acknowledge receipt thereof in writing155 and must act on said application within 2 working days from the date of its filing. Failure to act on the application means that the permit is deemed granted. 156 As a general rule, all applications for a permit must be granted, except when there is “convincing evidence that the public assembly will create a clear and present danger to public order, public safety, public convenience, public morals, or public health.”157 If the mayor believes that there is the existence of an “imminent and grave danger of a substantive evil” that necessitates the denial of the application, he shall immediately inform the applicants.158 The mayor’s action on the application thereafter shall be served on the applicant within 24 hours.159 If the application is denied, the applicants may challenge the decision before a court.160 A mayor or an official acting in his behalf found to have arbitrarily or unjustifiably denied a permit may be imprisoned from six months to six years.161 The constitutionality of B.P. 880 has been challenged on several occasions over the years. In a recent and notable case, the Supreme Court upheld the law’s constitutionality, on grounds that it is “not an absolute ban of public assemblies but a restriction that simply regulates the time, place, and manner of the assemblies.”162 The Court clarified that an application for a permit under B.P. 880 may only be denied on the ground of clear and present danger to public order, public safety, public convenience, public morals 148 Reyes v. Bagatsing, G.R. No. L-65366, 9 November 1983. 149 Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas (KMP) and Gabriela v. Eduardo Ermita, G.R. No. 169838, April 2006 150 Batas Pambansa Blg. 880, An Act Ensuring the Free Exercise by the People of their Right Peaceably to Assemble and Petition the Government and for Other Purposes (1985) [hereinafter B.P. 880]. 151 Karapatan, “Violations of Civil & Political Rights under the Noynoy Aquino Government (July 2010-April 2013)” in Karapatan Monitor, Jan-Apr. 2013, p. 1. 152 Section 4 of B.P. 880. 153 Section 5(a) of B.P. 880. 154 Section 5(c) of B.P. 880. 155 Section 5(d) of B.P. 880. 156 Section 6(b) of B.P. 880. 157 Section 6(a) of B.P. 880. 158 Section 6(3) of B.P. 880. 159 Section 6(4) of B.P. 880. 160 Section 6(6) of B.P. 880. 161 Sections 13(b) and 14(b) of B.P.880. 162 Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas (KMP) and Gabriela v. Eduardo Ermita, G.R. No. 169848, May 2006..