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Monday, October 03, 2005
Marcos law gives Arroyo critics free space
By Grecar Nilles
CEBU CITY -- With the government tightening its policy against street rallies, militant groups can take shelter under a law that allows demonstrations without permits.
The irony is that the law was issued during the dictatorship of Ferdinand Marcos. Under Batas Pambansa (BP) 880, or The Public Assembly Act of 1985, activist organizations can hold rallies and street protests in designated "freedom parks" in their communities, even without permits.
The law required every city and municipality in the country to designate a "freedom park."
But the problem is that activists and street parliamentarians haven't heard of any place designated as a "freedom park" anywhere in the country after that law was enacted.
Lawyer Democrito Barcenas said Cebu City's Freedom Park, where flowers and crops from mountain barangays are sold, didn't get its name from BP 880, which was only approved in 1985.
The place got its name during the time of former governor Serging Osmeña in 1951.
Freedom park
"It was named Freedom Park because it was where former president Jose P. Laurel held his rally in the 1949 elections. During that rally, explosions were heard but Laurel stood his ground. He continued his speech, bisan og gipabuthan sila," Barcenas said.
As an activist, Barcenas had suffered detention during Martial Law.
Opposition leader Francis Escudero, in a forum, also said there's no city or municipality in the National Capital Region that has been designated as a freedom park.
With the Arroyo administration's restrictions against street protests, Barcenas said they will have to consider BP 880 in their moves.
"Buwak-buwak ra gyud ning balaora. But we will study this law, so that the Integrated Bar of the Philippines can make a position," Barcenas said.
Activists can also hold rallies and demonstrations, even without government permits, in private properties, as long the owner of the property allows it.
Rallies can also be held inside educational institutions owned by the government, but subject to campus regulations.
Clear danger
Local chief executives or their representatives should give permits to rallies, unless there's "clear and convincing evidence" that the gathering will create a "clear and present danger" to the public.
Government officials who do not issue rally permits can be sued and can be jailed for one month up to six years.
"But we do not have problems with Mayor Tomas R. Osmeña and our local police because they have been tolerant of street protesters. Peaceful and buotan man gud ang mga activists diri," Barcenas said.
Executive Secretary Eduardo Ermita has urged local government officials to rethink the "maximum tolerance" policy toward street rallies and to enforce the "no permit, no rally," rule instead.
President Arroyo, for her part, issued Executive Order 464, which requires government officials to get Malacañang's clearance before they can testify in congressional investigations. (Sun.Star Cebu/Sunnex)
(October 3, 2005 issue)
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