BATAS PAMBANSA 881 PDF

Declaration of policy - The constitutional right of the people peaceably to assemble and petition the government for redress of grievances is essential and vital to the strength and stability of the State. To this end, the State shall ensure the free exercise of such right without prejudice to the rights of others to life, liberty and equal protection of the law. Definition of terms - For purposes of this Act: a "Public assembly" means any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances. The processions, rallies, parades, demonstrations, public meetings and assemblages for religious purposes shall be governed by local ordinances: Provided, however, That the declaration of policy as provided in Section 2 of this Act shall be faithfully observed. The definition herein contained shall not include picketing and other concerted action in strike areas by workers and employees resulting from a labor dispute as defined by the Labor Code, its implementing rules and regulations, and by the Batas Pambansa Bilang

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Declaration of policy - The constitutional right of the people peaceably to assemble and petition the government for redress of grievances is essential and vital to the strength and stability of the State. To this end, the State shall ensure the free exercise of such right without prejudice to the rights of others to life, liberty and equal protection of the law. Section 3. Definition of terms - For purposes of this Act: a "Public assembly" means any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances.

The processions, rallies, parades, demonstrations, public meetings and assemblages for religious purposes shall be governed by local ordinances: Provided, however, That the declaration of policy as provided in Section 2 of this Act shall be faithfully observed. The definition herein contained shall not include picketing and other concerted action in strike areas by workers and employees resulting from a labor dispute as defined by the Labor Code, its implementing rules and regulations, and by the Batas Pambansa Bilang Section 4.

Permit when required and when not required - A written permit shall be required for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution.

Political meetings or rallies held during any election campaign period as provided for by law are not covered by this Act.

Section 5. Application requirements - All applications for a permit shall comply with the following guidelines: a The applications shall be in writing and shall include the names of the leaders or organizers; the purpose of such public assembly; the date, time and duration thereof, and place or streets to be used for the intended activity; and the probable number of persons participating, the transport and the public address systems to be used.

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. Should for any reason the mayor or any official acting in his behalf refuse to accept the application for a permit, said application shall be posted by the applicant on the premises of the office of the mayor and shall be deemed to have been filed.

No appeal bond and record on appeal shall be required. A decision granting such permit or modifying it in terms satisfactory to the applicant shall, be immediately executory. Cases filed hereunder shall be immediately endorsed to the executive judge for disposition or, in his absence, to the next in rank. Section 7. Use of public thoroughfare - Should the proposed public assembly involve the use, for an appreciable length of time, of any public highway, boulevard, avenue, road or street, the mayor or any official acting in his behalf may, to prevent grave public inconvenience, designate the route thereof which is convenient to the participants or reroute the vehicular traffic to another direction so that there will be no serious or undue interference with the free flow of commerce and trade.

Section 8. Responsibility of applicant - It shall be the duty and responsibility of the leaders and organizers of a public assembly to take all reasonable measures and steps to the end that the intended public assembly shall be conducted peacefully in accordance with the terms of the permit.

These shall include but not be limited to the following: a To inform the participants of their responsibility under the permit; b To police the ranks of the demonstrators in order to prevent non-demonstrators from disrupting the lawful activities of the public assembly; c To confer with local government officials concerned and law enforcers to the end that the public assembly may be held peacefully; d To see to it that the public assembly undertaken shall not go beyond the time stated in the permit; and e To take positive steps that demonstrators do not molest any person or do any act unduly interfering with the rights of other persons not participating in the public assembly.

Section 9. Non-interference by law enforcement authorities - Law enforcement agencies shall not interfere with the holding of a public assembly. However, to adequately ensure public safety, a law enforcement contingent under the command of a responsible police officer may be detailed and stationed in a place at least one hundred meter away from the area of activity ready to maintain peace and order at all times.

Section Police assistance when requested - It shall be imperative for law enforcement agencies, when their assistance is requested by the leaders or organizers, to perform their duties always mindful that their responsibility to provide proper protection to those exercising their right peaceably to assemble and the freedom of expression is primordial.

Towards this end, law enforcement agencies shall observe the following guidelines: a Members of the law enforcement contingent who deal with the demonstrators shall be in complete uniform with their nameplates and units to which they belong displayed prominently on the front and dorsal parts of their uniform and must observe the policy of "maximum tolerance" as herein defined; b The members of the law enforcement contingent shall not carry any kind of firearms but may be equipped with baton or riot sticks, shields, crash helmets with visor, gas masks, boots or ankle high shoes with shin guards; c Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall not be used unless the public assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property.

Dispersal of public assembly with permit - No public assembly with a permit shall be dispersed. Such arrest shall be governed by Article of the Revised Penal Code, as amended: e Isolated acts or incidents of disorder or branch of the peace during the public assembly shall not constitute a group for dispersal.

Dispersal of public assembly without permit - When the public assembly is held without a permit where a permit is required, the said public assembly may be peacefully dispersed. Prohibited acts - The following shall constitute violations of this Act: a The holding of any public assembly as defined in this Act by any leader or organizer without having first secured that written permit where a permit is required from the office concerned, or the use of such permit for such purposes in any place other than those set out in said permit: Provided, however, That no person can be punished or held criminally liable for participating in or attending an otherwise peaceful assembly; b Arbitrary and unjustified denial or modification of a permit in violation of the provisions of this Act by the mayor or any other official acting in his behalf.

Penalties - Any person found guilty and convicted of any of the prohibited acts defined in the immediately preceding Section shall be punished as follows: a violation of subparagraph a shall be punished by imprisonment of one month and one day to six months; b violations of subparagraphs b , c , d , e , f , and item 4, subparagraph g shall be punished by imprisonment of six months and one day to six years; c violation of item 1, subparagraph g shall be punished by imprisonment of six months and one day to six years without prejudice to prosecution under Presidential Decree No.

Freedom parks - Every city and municipality in the country shall within six months after the effectivity of this Act establish or designate at least one suitable "freedom park" or mall in their respective jurisdictions which, as far as practicable, shall be centrally located within the poblacion where demonstrations and meetings may be held at any time without the need of any prior permit.

In the cities and municipalities of Metropolitan Manila, the respective mayors shall establish the freedom parks within the period of six months from the effectivity of this Act. Constitutionality - Should any provision of this Act be declared invalid or unconstitutional, the validity or constitutionality of the other provisions shall not be affected thereby.

Repealing clause - All laws, decrees, letters of instructions, resolutions, orders, ordinances or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Effectivity - This Act shall take effect upon its approval. Approved, October 22,

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BATAS PAMBANSA 881 PDF

Tesho Every penalty imposed for the commission of a felony shall carry with it the forefeiture of the proceeds of panbansa crime and the instruments or tools with which it was committed. The National Internal Revenue Code is the law establishing the system of national taxation in the Philippines. For this purpose, the Speaker shall require the Commission to deliver its copies of the election returns to the Batasang Pambansa. The appeal is partly meritorious.

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Naran The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall have been elected and qualified. Effects of disqualification cases and priority. The board of election inspectors shall then break the seals of the package of official ballots and the book of voters. The Speaker shall immediately instruct the boards of canvassers concerned to obtain the missing election returns from the boards of election inspectors or, if the returns have been lost or destroyed upon prior authority from the Commission, to use any authentic copy of said election returns for the purpose of conducting the canvass, and thereafter issue the certificates of canvass.

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Section Election of members of Sangguniang Pampook. The candidates corresponding to the number of member or members to be elected in a constituency who receive the highest number of votes shall be declared elected. Selection of sectoral representatives. The President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.

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