(10 POINTS)
Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of all protest rallies in the Philippines.
(a) Salakay, Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. They received a permit from the Mayor of Quezon City, but not from the Mayor of Manila. They were able to march in Quezon City and up to the boundary separating it from the City of Manila. Three meters after crossing the boundary, the Manila Police stopped them for posing a danger to public safety. Was this a valid exercise of police power?
(b) The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles, with paper banners taped on their sides and protesting graft and corruption in government. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Some banners had been blown off by the wind, and posed a hazard to other motorists. They were stopped by the security police. The protesters then proceeded to march instead, sandwiched between the caravan vehicles.
They were also stopped by the security force. May the security police validly stop the vehicles and the marchers?
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1 comment:
VII.
a.
Yes. Requiring a permit before a group can conduct protest rallies is a valid exercise of police power to ensure public order and safety. Since “Salakay, Bayan!” did not acquire a permit to rally in Manila, they cannot conduct protest rallies there.
b.
The security police can validly stop the vehicles if the paper banners attached to the vehicles remain to be a hazard to motorists. But if the paper banners are secured or removed, the security police cannot validly stop them without violating the constitutional rights of the protesters.
The security police can validly stop the marchers as marching in the expressway poses a danger to the safety not only of the motorists but also of the marchers themselves.
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