Righting Wrongs: Criminal Law Provisions in the Philippines related to
National Security and their Impact on Human Rights Defenders
cause.175 This denial was upheld by the trial court.176 As the UN Special Rapporteur noted, prohibition
should be a measure of last resort and that “the free flow of traffic should not automatically take
precedence over freedom of peaceful assembly”. Authorities should take measures to facilitate the
exercise of the right, such as rerouting vehicular and/or pedestrian traffic.177
The ICJ was also informed that on several occasions, law enforcement officers dispersed assemblies and
indiscriminately charged participants under B.P. 880, then failed to show up in court to press the charges.
It has also been reported to the ICJ that prosecutors pursue charges against protestors, even when law
enforcement officers show no interest in appearing for the trial. Furthermore, to date, no mayors or
officers acting in behalf of these mayors have been prosecuted under Sections 13(b) and 13(d) of B.P.
880 for arbitrarily denying permits or obstructing peaceful assemblies.
The consistent disregard by local government officials, law enforcement, and prosecutors of B.P. 880’s
protective provisions and the Supreme Court rulings in Bayan et. al v. Ermita et. al. and Integrated Bar
Association v. Atienza currently interferes with individuals’ enjoyment of their right to freedom of assembly
in the Philippines, and seriously impedes the ability of persons to advocate for the promotion and
protection of human rights.
The only oversight of decisions of mayors on applications for permits under B.P. 880, which is judicial
review, is failing. Judicial appeals can be costly and time consuming,178 and the continued failure of
judges to correct local governments’ improper application of the law demonstrate that courts are not
applying B.P. 880 in accordance with its provisions or in a manner that is consistent with respect for
freedom of peaceful assembly as guaranteed under the ICCPR. The UN Special Rapporteur on the rights
to freedom of peaceful assembly and of association has cautioned against interpreting restrictions
arbitrarily, and advised that officials in charge of issuing authorizations should be subject to regular
oversight.179
C. Recommendations
1. The Government of the Philippines must revise Article 146 of the RPC and B.P. 880, as neither is
compatible with international human rights law. In crafting a new law that would constitute a lawful
restriction on the right to peaceably assemble, the Government should ensure that the presumption
of the new law is in favor of holding peaceful assemblies and such presumption should be established
in a clear and explicit manner.
180
There should be no requirement of prior authorization to assemble,
but at most a notification procedure, ideally only for large meetings that may interfere with pedestrian
or vehicular traffic, so as to allow for rerouting of cars and pedestrians.181 The law must not subject
participants or organizers of public protests to criminal or administrative liability, solely for failing
to notify authorities of the meeting. The law and its implementation must also be revised to ensure
that organizers and participants are not held responsible or liable for the violent conduct of others
in the course of an assembly.182
175 Tetch Torres-Tupas, “Bayan presses bid to hold rally near Batasan complex”, Inquirer.net, 18 July 2013. http://www.inquirer.net/
sona-2013/article?nav_pid=447733 (Accessed August 2014).
176 Dennis Carcamo, “Bayan to push through with rally on SONA day”, Philstar.com, 19 July 2013. http://www.philstar.com/
nation/2013/07/19/988621/bayan-push-through-rally-sona-day (Accessed August 2014).
177 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at
paras. 39 and 41.
178 The Supreme Court’s decision in Integrated Bar Association v. Atienza was issued on 24 February 2010, over three and a half years
after the IBP submitted its application and planned to hold its rally. Integrated Bar Association v. Atienza, G.R. No. 175241, 24
February 2010.
179 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at
paras. 20, 44.
180 Report of the Special Rapporteur on the rights to freedom of assembly and association, UN Doc. A/HRC/20/27 (2012) at para. 88.
181 Ibid. at paras. 28, 90.
182 Ibid. at paras. 29, 84(c), 93.
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