Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

169838 April 25, 2006 BAYAN, KARAPATAN, K !USANG MAGBUBUK " NG P ! P NAS #KMP$, GABR E!A, %r. &o'( "i)o*, R(*+,o Co*',+*,i*o, &r., %ro-(l Y+*()+, +*. %+/i0+ T+1+r, Petitioners, vs. E"UAR"O ERM TA, i* /i' 2+p+2i,- +' E3(24,i5( S(2r(,+r-, M+*il+ Ci,- M+-or ! TO AT EN6A, C/i(7 o7 ,/( P/ilippi*( N+,io*+l Poli2(, G(*. ARTURO M. !OM BAO, NCRPO C/i(7 M+1. G(*. 8 "A! 9UERO!, +*. :(',(r* Poli2( "i',ri2, C/i(7 G(*. PE"RO BU!AONG, Respondents. x---------------------------------x G.R. No. 1698;8 April 25, 2006 &('' "(l Pr+.o, :il'o* %or,+l()+, !(o.- .( G4)0+*, P(.ro Pi*l+2, C+r0(li,+ Mor+*,(, R+',i "(li)o, P+4l B+*<+-, M+ri( &o O2+0po, !ili+ .(l+ Cr4), Cri',(,+ R+0o', A.(l+i.+ R+0o', M+r- Gr+2( Go*)+l(', Mi2/+(l Torr(', R(*.o S+=4'+p, Pr(2io4' B+l4,(, Ro3+**( M+<=oo, Er*i( B+4,i',+, &o'(p/ .( &('4', M+r<+ri,+ E'2o=(r, "1o+**+l-* &+*i(r, M+<.+l(*+ S(llo,(, M+**- 94i+)o*, Eri2'o* "i)o*, N(*i,+ Cr4)+,, !(o*+r.o "( lo' R(-(', P(.ri,o %+.ri<o*, Petitioners, vs. E"UAR"O ERM TA, i* /i' o77i2i+l 2+p+2i,- +' T/( E3(24,i5( S(2r(,+r- +*. i* /i' p(r'o*+l 2+p+2i,-, ANGE!O REYES, i* /i' o77i2i+l 2+p+2i,- +' S(2r(,+r- o7 ,/( *,(rior +*. !o2+l Go5(r*0(*,', ARTURO !OM BAO, i* /i' o77i2i+l 2+p+2i,- +' ,/( C/i(7, P/ilippi*( N+,io*+l Poli2(, 8 "A! 9UERO!, i* /i' o77i2i+l 2+p+2i,- +' ,/( C/i(7, N+,io*+l C+pi,+l R(<io*+l Poli2( O77i2( #NCRPO$, 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 GARC A, +*. AN" PR 8ATE N" 8 "UA!S ACT NG UN"ER T>E R CONTRO!, SUPER8 S ON AN" NSTRUCT ONS,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", NAT ONA! %E"ERAT ON O% !ABOR UN ONS?K !USANG MAYO UNO #NA%!U? KMU$, r(pr('(*,(. =- i,' N+,io*+l Pr('i.(*,, &OSE! TO 8. USTARE6, ANTON O C. PASCUA!, SA!8A"OR T. CARRAN6A, G !"A SUM !ANG, %RANC SCO !ASTRE!!A, +*. RO9UE M. TAN, Petitioners, vs. T>E >ONORAB!E E@ECUT 8E SECRETARY, PNP " RECTOR GENRA! ARTURO !OM BAO, >ONORAB!E MAYOR ! TO AT EN6A, +*. PNP MP" C> E% SUPT. PE"RO BU!AONG, Respondents. DEC ! "N A6CUNA, J.: Petitioners co#e in three $roups. %he first petitioners, B+-+*, (, +l., in &.R. No. '()*+*,1 alle$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 $roup consists of /( individual petitioners, &('' .(l Pr+.o, (, +l., in &.R. No. '()*4*,2 .ho alle$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. '()**',3 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 $overn#ento.ned and operated educational institution .hich shall be sub5ect to the rules and re$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
FavvphiF.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 $round for dispersal. !ec. '/. Dispersal of public assembly without permit . @ Ghen the public asse#bl, is held .ithout a per#it .here a per#it is reAuired, the said public asse#bl, #a, be peacefull, dispersed. !ec. '+. Prohibited acts. @ %he follo.in$ 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 NEG! Release No. / !epte#ber /', /001

!%A%EMEN% "= EHEC:% IE !ECRE%ARJ 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. Ge 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 PresidentKs 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$nator,.5 %he, ar$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$ion Police "ffice 2NCRP"3 Chief, PNP M+1. G(*. 8i.+l 94(rol, and Manila Police District 2MPD3 Chief G(*. P(.ro B4l+o*<. Respondents in G.R. No. 1698;8 are E.4+r.o Er0i,+ as Executive !ecretar, and in his personal capacit,B A*<(lo R(-(', as !ecretar, of the nterior and ;ocal &overn#entsB Ar,4ro !o0i=+o, as Chief 8i.+l 94(rol, as Chief, NCRP"B P(.ro B4l+o*<, as Chief, MPD, and all other public officers and private individuals actin$ 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.6 +. 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,Ks 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,Ks 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.7 4. Adiong v$ &omelec8 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 9 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$er test.710 C. CPR is si#pl, the responsible and 5udicious use of #eans allo.ed b, existin$ 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 Loselito 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,11 Primicias v$ %ugoso,12 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$htsB and that B.P. No. **0 is not a contentbased re$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$u#ents on April 4, /00(,14 statin$ 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$ulationsM 2b3 Are the, void on $rounds of overbreadth or va$uenessM 2c3 Do the, constitute prior restraintM 2d3 Are the, undue dele$ations of po.ers to Ma,orsM 2e3 Do the, violate international hu#an ri$hts treaties and the :niversal Declaration of Eu#an Ri$htsM /. "n the constitutionalit, and le$alit, of the polic, of Calibrated Pree#ptive Response 2CPR3< 2a3 s the polic, void on its face or due to va$uenessM 2b3 s it void for lac8 of publicationM 2c3 s the polic, of CPR void as applied to the rallies of !epte#ber /( and "ctober 4, 1 and (, /001M Durin$ 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$reed .ith the observation of the Chief Lustice that CPR should no lon$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. PetitionersK 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 $uaranteed b, the Constitution, is directl, affected b, B.P. No. **0 .hich reAuires a per#it for all .ho .ould publicl, asse#ble in the nationKs streets and par8s. %he, have, in fact, purposel, en$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,15 the Court, as earl, as the onset of this centur,, in $+$ v$ Apurado,16 alread, upheld the ri$ht to asse#bl, and petition, as follo.s< %here is no Auestion as to the petitionersK ri$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 H, and !ection + of Article H . Lurisprudence abounds .ith hallo.ed pronounce#ents defendin$ and pro#otin$ the peopleKs 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< 7 t 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.een disorderly and seditious conduct and bet.een an essentiall, peaceable asse#bl, and a tu#ultuous uprisin$.7 A$ain, in Primicias v$ %ugoso,17 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$islative bodies called #unicipal and cit, councils to enact ordinances for the purpose.18 !eyes v$ Bagatsing19 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$ht to prevent. Even prior to the ')+1 Constitution, Lustice Malcol# had occasion to stress that it is a necessar, conseAuence of our republican institutions and co#ple#ents the ri$ht of free speech. %o paraphrase the opinion of Lustice 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 Lustice =ran8furter< 7 t #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

Ghat .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. Ghat 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$h is not reAuired. As pointed out in an earl, Philippine case, penned in ')0C to be precise, :nited !tates v. Apurado< 7 t is rather to be expected that #ore or less disorder .ill #ar8 the public asse#bl, of the people to protest a$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 $ive free rein to oneKs destructive ur$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 Lustice Roberts in Ea$ue v. C "< 7Ghenever the title of streets and par8s #a, rest, the, have i##e#oriall, been held in trust for the use of the public and, ti#e out of #ind, have been used for purposes of asse#bl,, co##unicatin$ 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 Nuiapo, this Court cate$oricall, declared< 7"ur conclusion finds support in the decision in the case of Gillis Cox v. !tate of Ne. Ea#pshire, +'/ :.!., 1(). n that case, the statute of Ne. Ea#pshire P.;. chap. '41, section /, providin$ 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,K .as construed b, the !upre#e Court of Ne. Ea#pshire as not conferrin$ upon the licensin$ board unfettered discretion to refuse to $rant the license, and held valid. And the !upre#e Court of the :nited !tates, in its decision 2')4'3 penned b, Chief Lustice Eu$hes affir#in$ the 5ud$#ent of the !tate !upre#e Court, held that Oa statute reAuirin$ 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$, and are not invested .ith arbitrar, discretion to issue or refuse license, P P P. 7Nor should the point #ade b, Chief Lustice Eu$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. Ghere 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 xxx (. x x x %he principle under A#erican doctrines .as $iven utterance b, Chief Lustice Eu$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. Ghile 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$e of Lustice Roberts, spea8in$ for the A#erican !upre#e Court, is not to be 7abrid$ed on the plea that it #a, be exercised in so#e other place.7 xxx *. B, .a, of a su##ar,. %he applicants for a per#it to hold an asse#bl, should infor# the licensin$ 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, Lustice 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 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

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,.

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 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,20 .here the Court referred to it as a 7content-neutral7 re$ulation of the ti#e, place, and #anner of holdin$ public asse#blies. 21 A fair and i#partial readin$ of B.P. No. **0 thus readil, sho.s that it refers to +ll 8inds of public asse#blies22 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$ht to freedo# of peaceful asse#bl, and association. xxx Article /) '. Ever,one has duties to the co##unit, in .hich alone the free and full develop#ent of his personalit, is possible. /. n the exercise of his ri$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 petitionerKs 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. GebsterKs Dictionar, defines it, thus< 23 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'(024 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. **0Ks #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.Ks s,ste# of re$ulation of the peopleKs exercise of their ri$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$. **0. t is thus absurd for co#plainants to even clai# that ordered #, co-respondents to violate an, la..25 At an, rate, the Court rules that in vie. of the #axi#u# tolerance #andated b, B.P. No. **0, CPR serves no valid purpose if it #eans the sa#e thin$ 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< xxx 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. xxx !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$ $uidelines<
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2a3 Me#bers of the la. enforce#ent contin$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 $round for dispersal. xxx !ec. '/. Dispersal of public assembly without permit . @ Ghen the public asse#bl, is held .ithout a per#it .here a per#it is reAuired, the said public asse#bl, #a, be peacefull, dispersed. !ec. '+. Prohibited acts. @ %he follo.in$ 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$3 Acts described hereunder if co##itted .ithin one hundred 2'003 #eters fro# the area of activit, of the public asse#bl, or on the occasion thereof< xxx 4. the carr,in$ 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$hts of our people, especiall, freedo# of expression and freedo# of asse#bl,. n several polic, addresses, Chief Lustice Arte#io I. Pan$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,.726 =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,orKs 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$ht to peaceabl, asse#ble and petition in the public par8s or pla-as of a cit, or #unicipalit, that has not ,et co#plied .ith !ection '1 of the la.. =urther#ore, C+li=r+,(. Pr((0p,i5( R('po*'( #CPR3, insofar as it .ould purport to differ fro# or be in lieu of #axi#u# tolerance, is NU!! and 8O " and respondents are EN&O NE" to RE%RA N fro# usin$ it and to STR CT!Y OBSER8E the reAuire#ents of #axi#u# tolerance. %he petitions are " SM SSE" in all other respects, and the 2o*',i,4,io*+li,- of Batas Pa#bansa No. **0 is SUSTA NE". No costs. SO OR"ERE". A"O!%O S. A6CUNA Associate Lustice :E CONCURA