DILG issues guidelines on rallies in public places
posted 23-Apr-2019  ·  
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Under a recent memorandum circular of the Department of the Interior and Local Government (DILG), the mayor may issue permits for the conduct of a public assembly or rally in public places only after an assessment of the situation by the local police.

DILG Secretary Eduardo Año said in Memorandum Circular No. 2019-35 that while Batas Pambansa 880 or the Public Assembly Act of 1985, allows the free exercise of the people’s right to hold a public assembly and to petition the government, it is also the duty of the State to uphold the interest and guarantee the safety and security of the greater majority of the people.

This has been affirmed by the Supreme Court in Primicias vs. Fugoso, Sec. Año said, when it stressed that such public assembly “may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, nor injurious to the rights of the community or society.”

The DILG chief reiterated that it shall be the duty of the mayor, or any official acting on his behalf, to issue or grant a permit unless there is clear and 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.

The mayor shall seek the written assessment and recommendation of the local police unit which has jurisdiction over the place where the rally is requested to be held and the chief executive shall base his decision on such assessment, Sec. Año stated.

Aside from the permit requirement and the condition that the permit be used for such purposes in the place stated in the permit, the guideline prohibits the following acts within 100 meters from the area of the activity or on the occasion thereof: carrying of a deadly or offensive weapon or device such as firearms, pillbox, bomb and the like; carrying of a bladed weapon and the like; malicious burning of any object in the streets or thoroughfares; carrying of firearms by members of the law enforcement unit; and, interfering with or intentionally disturbing the holding of a public assembly by the use of a motor vehicle, its horns, and loud sound systems.

Report on Violation of PD 705

 (Illegal Logging)

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