Renato Reyes Jr. INQUIRER.net FILE PHOTO
MANILA, Philippines—Bagong Alyansang Makabayan (Bayan) on Thursday asked the Quezon City Regional Trial Court to stop the Quezon City government from implementing its ruling denying their request to hold protest action and program near the Batasang Pambansa complex on President Benigno Aquino III’s fourth State of the Nation Address on Monday.
In their very urgent petition, Bayan and Secretary General Renato Reyes Jr. through their counsel from the National Union of Peoples’ Lawyers (NUPL) told the QCRTC that respondents Quezon City Mayor Herbert Bautista, Quezon City Police District Director Richard Albano and Department of Public Order and Safety head Elmo San Diego committed grave abuse of discretion when they denied their request for permit without complying with the requirements set forth under Batas Pambansa 880 or the Public Assembly Act of 1985.
Petitioners said they were not informed of the grounds for denying their application for a permit to rally. They said they were only informed that their request have been turned down.
“The failure of respondents to hear the petitioners prior to the denial of their application for a rally permit is an act of bad faith and is grave abuse of discretion amounting to lack or excess of jurisdiction,” they said.
Under BP880, if the mayor believes that there is imminent and grave danger that would warrant a denial or modification of the request for permit, he should inform the applicant to defend their side.
The group added that San Diego denied their request citing “serious traffic problem” which cannot be considered “clear and present danger” as required under the law.
“The right to peaceably assemble is a constitutionally guaranteed right, designed to ensure that citizens are freely allowed to express their sentiments…Considering the nature of this constitutional right, which is accorded utmost deference and respect, any act by the Government limiting the exercise of this right should be strictly construed against the Government and in favour of the exercise of such right, and the right to peaceably assemble, cannot be curtailed unless there is clear and present danger,” they said.
In denying their request, the Quezon City Government proposed that the protesters hold their rally at the park near the city hall.