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Wednesday, April 26, 2006
Supreme Court nullifies Arroyo 'no-rally' policy
MANILA -- The Supreme Court on Tuesday dealt the government a second blow after it declared unconstitutional President Gloria Macapagal-Arroyo's calibrated preemptive response (CPR) policy, which gave rise to the authority of the police to disperse protesters in the absence of a permit to rally.
Voting 13-0, with two justices on leave, the High Court said the CPR policy violates the freedom of assembly.
"The so-called calibrated pre-emptive response policy has no place in our legal firmament and must be struck down as a darkness that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses," the Supreme Court (SC) ruled in a 36-page decision penned by Associate Justice Adolfo Azcuna.
The court upheld a 21-year-old law on public assemblies, which requires organizers to secure a permit for rallies in public places. But it also gave local governments 30 days to designate "freedom parks" where demonstrations can be held without a permit under the same 1985 law.
Jaime Paglinawan, chairman of Bagong Alyansang Makabayan (Bayan)-Central Visayas, considered the SC decision a "victory of the people who have been longing for freedom."
Arroyo's chief of staff, Michael Defensor, said the administration respects the ruling, but that the Office of the Solicitor General will study a possible appeal.
He said it was in line with the government position that there should be clear guidelines during protests to protect demonstrators and those who will be inconvenienced.
The CPR policy was imposed last September as Arroyo faced mounting opposition rallies after she escaped an impeachment bid on vote-rigging and corruption allegations. The President has denied the allegations.
The SC's adverse decision against the government comes almost a week after the high court voided certain provisions of Arroyo's Executive Order 464, which prohibited government, military, and police personnel from attending congressional hearings without the permission of the President.
The High Court, however, sustained the constitutionality of Batas Pambansa (BP) 880 or the Public Assembly Law, where the CPR traces its legal roots, saying it does not curtail but merely regulates the use of public places as to the time, place, and manner of assemblies.
When the mayors do not act on applications to rally within two days, the application is deemed approved. In such 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.
"CPR, insofar as it would purport to differ from or be in lieu of maximum tolerance, is null and void and respondents are enjoined to refrain from using it and to strictly observe the requirements of maximum tolerance. The petitions are dismissed in all other respects, and the constitutionality of BP 880 is sustained," the SC ruled.
Solicitor General Eduardo Nachura earlier said government has conceded to strike out the CPR against mass rallies since the basic principle behind it is still entrenched with BP 880.
He had argued that being a mere "catch-phrase," there is nothing in CPR that would be lost in the law should the high court decide to expunge the controversial policy.
Defensor said Tuesday the SC's decision does not mean that President Arroyo committed a mistake for the second time, first with EO 464 and now with CPR.
He said the High Tribunal recognized BP 880, which served as basis of the CPR policy.
He also said groups that are planning to stage rallies on or before May 1 would still have to ask for permits from local government units. He said it is up to Manila City Hall if it would grant a petition to hold a rally in Mendiola Bridge. (ECV/JMR/VR/Sunnex/With AP)
(April 26, 2006 issue)
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