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Thursday, June 15, 2006
Mandaue designates its Freedom Park
Mayor Thadeo Ouano has designated the open area in front of the Mandaue City tennis court as the city’s “freedom park” where public assemblies and rallies may be held even without permits.
Following the directive of the Department of Interior and Local Government, Ouano issued Executive Order (EO) 16 last Friday, establishing the city’s freedom park and providing for its guidelines.
Notice
EO 16 provides that although a permit from City Hall is not required for the holding of rallies inside the freedom park, organizers should inform the Office of the City Mayor of scheduled rallies or assemblies.
Rally participants shall stay within the designated freedom park during the entire activity and a permit will be required when such assemblies are conducted outside this area.
Organizers are also required to coordinate with the City’s Civil Security Unit and the Mandaue City Police Office for the posting of security officers, to ensure that public assemblies proceed peacefully.
The organizers must also maintain peace and order and ensure the security of the participants.
Policy
“It is the policy of the City to allow its citizens to air sentiments and grievances freely. It is also the duty of the City to ensure public safety and welfare and the maintenance of peace and order,” EO 16 stated.
The Supreme Court has declared unconstitutional President Arroyo’s calibrated preemptive response policy, which gave rise to the authority of the police to disperse protesters in the absence of a permit to rally.
However, the SC upheld Batas Pambansa 880, a 21-year-old law on public assemblies, which requires organizers to secure a permit for rallies in public places. The SC said it does not curtail but merely regulates the use of public places as to the time, place and manner of assemblies.
When mayors do not act on applications to rally within two days, the application is deemed approved. In the event that maximum tolerance is applied, the protesters can show the police an application duly filed.
It will be the burden of the authorities to show that there has been a denial of the application to rally, in which case the rally may be peacefully dispersed.
But the SC also gave local governments 30 days to designate “freedom parks” where demonstrations can be held without a permit under the same 1985 law. (ROV)
For Bisaya stories from Cebu. Click here. (June 15, 2006 issue)
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