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Friday, April 28, 2006
Maxey: Freedom parks
By Ram Maxey
Bar None
THE Supreme Court has junked Malacañang's much abhorred Calibrated Preemptive Response (CPR) policy regarding street rallies, but on the other hand says that there is neither absolute power, nor absolute right. While upholding people's right to freedom of speech and assembly, the SC has seen to it that such right is not abused.
Hence its recent ruling validating Batas Pambansa Blg. 880 of 1985 (Marcos regime) which provides for the exercise of "maximum tolerance" while dealing with rallies. In calling on each local government unit (city, municipality) to designate within 30 days of the finality of its decision a freedom park where rallies may be held without the need for permits, the tribunal underscored its dictum on "no absolute power, no absolute right". After 30 days, unless a freedom park had been designated, all parks and plazas thereat will assume the nature of a freedom park.
Londoners have their famous Hyde Park where people who want to speak on any issue under the sun are free to do so, whether there are listeners or not, at the particular portion called Speakers' Corner. Its equivalent in Manila is Plaza Miranda (Quiapo), scene of many historic rallies, including one that was bombed during an election campaign.
In Davao City, militant groups invariably congregate in the area along Roxas Avenue, fronting the Ateneo de Davao University, which has become known as Freedom Park. It is there where they air grievances against the government and whatever else comes to mind at the moment. They have chosen the perfect place to do their thing, it being within the university belt, shopping centers, hotels, business establishments and busy road intersections.
Local protest groups couldn't have chosen a more ideal place than Freedom Park. It is there where they are highly visible and their loud, lengthy, aggressive harangues are guaranteed to make their presence felt, if not necessarily appreciated, by the general public. People these days are just too preoccupied with mundane cares to pay attention to rabble-rousers anymore.
It is unlikely that the Duterte administration will designate any park or plaza here as freedom park as envisioned by the Supreme Court. The city government has not been too keen on requiring permits for rallies anywhere, provided that the organizers guarantee peaceful assembly and not to disrupt the normal flow of vehicular traffic.
As far as Davao City's tireless militants are concerned, the so-called Freedom Park on Roxas Avenue will remain their choice for rallies for as long as they have axes to grind. In our city there has been no need for maximum tolerance. Mayor Rody Duterte gives protesters enough leeway to exercise their freedom while the latter reciprocates with maximum restraint on their actions.
For Bisaya stories from Davao. Click here. (April 28, 2006 issue)
Write letter to the editor.Click here.
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