[admin 04] BAYAN takes QC officials to court over denial of rally permit during SONA MANILA, Philippines – Saying the Quezon City authorities violated the law governing mass actions like rallies, militant group Bagong Alyansang Makabayan took the QC mayor, police director and public safety chief to court Thursday in a bid to secure a permit to march to the Batasan complex on Monday, the opening of the 16th Congress. Bayan Secretary General Renato Reyes, Jr., filed before the QC courts a petition for “Certiorari under Rule 65 of the Rules of Court with application for Temporary Restraining Order and/or Writ of Preliminary Injunction.” He was represented by Atty. Edre Olalia of the National Union of People’s Lawyers. Petitioners asked the court to overturn the move of Mayor Herbert Bautista, QCPD chief Chief Supt. Richard Albano, and Department of Public Order and Safety head Elmo San Diego, denying the group a permit to demonstrate on Batasan Road when President Aquino issues his State of the Nationa Address. Bayan said the respondents effectively denied them a rally permit by directing them to move their venue to a Freedom Park near QC Hall. No permit is needed to rally at a Freedom Park, petitioners noted, so the letter-response to their application for a permit was tantamount to a refusal to issue one. This violated Batas Pambansa 880, or the Marcos-era Public Assembly Act, for two major reasons: the officials did not invoke any of the grounds listed in BP 880 for refusing them their preferred rally venue any of the grounds ; and they were never heard on the matter because respondents simply wrote them back four days after they sent their letter-application. Under that law, said Reyes et.al, permits for public assemblies may only be withheld on a firm showing there is a danger to public order, public safety, public morals, public convenience or public health. In any case, if there is such a showing, the applicants must be given a chance to explain or refute the perceived threat. On July 12, 2013, Bayan through Reyes, Jr., filed an application in writing for a rally permit, declaring its intent to hold its annual SONA rally on July 22, 2013 from 7 am until 6 pm, along Batasan Road, near the Batasang Pambansa. On July 16, 2013 petitioners, through counsel, received the letter of San Diego denying the application for a rally permit. San Diego’s letter said: “Based on the assessment and recommendation of the Quezon City Police District, your request cannot be given favorable consideration. The said area is not the proper venue for the activity for it may cause a serious traffic problem. However, it is hereby recommended that you may assemble and hold your own State of the Nation Address in the designated Freedom Park of the Football Field of the Quezon City Hall Compound.” Bayan said the respondents gravely abused their discretion amounting to lack or in excess of jurisdiction: 1. When respondents unilaterally and arbitrarily denied the application for the rally permit without proper notice and hearing as required by law and jurisprudence. 2. When respondents unilaterally and arbitrarily denied the application for the rally permit based on grounds not specified by law and jurisprudence. The officials acted, said Bayan, with grave abuse of discretion amounting to lack or in excess of jurisdiction when it denied the permit to rally applied for by the petitioners without complying with the requirements laid down in BP Bilang 880, Section 6 of which states that: “Section 6. Action to be taken on the application -⨓(a) It shall be the duty of the mayor or any official acting in 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 law further mandates that: “(c) If the mayor is of the view that there is imminent and grave danger of a substantive evil warranting the denial or modification of the permit, he shall immediately inform the applicant who must be heard on the matter.” Petitioners said they sought redress in court because the law states: “(e) If the mayor or any official acting in his behalf denies the application or modifies the terms thereof in his permit, the applicant may contest the decision in an appropriate court of law.” No valid reason, said Bayan, was shown for disallowing the petitioners to hold rally at the Batasan Road, near Batasang Pambansa. The right to peaceably assemble is a constitutionally guaranteed right, designed to ensure that citizens are freely allowed to express their sentiments, said the militants. Thus, said Bayan, the right of the petitioners to hold a rally in front of Batasan Pamabansa cannot be curtailed simply on the flimsy ground that it will cause a “serious traffic problem”. interaksyon/article/66677/bayan-takes-qc-officials-to-court-over-denial-of-rally-permit-during-sona
Posted on: Thu, 18 Jul 2013 11:58:02 +0000
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