Thursday, April 27, 2006
No permit needed; 'rally anywhere' in Cebu City
By Rene H. Martel & Jovy S. Taghoy
CEBU CITY -- Cebu City Mayor Tomas Osmeña designated Plaza Independencia at the pier area as a "freedom park" where people can hold rallies without any permit.
This was in response to the Supreme Court (SC) directive giving local government units 30 days to identify such areas, after it ruled as unconstitutional President Gloria Macapagal-Arroyo's calibrated preemptive response (CPR) policy on rallies.
Militant and cause-oriented groups who have been congregating on Colon St. and other areas to hold demonstrations should not fret.
Osmeña said they can hold protests all they want, anywhere they want, without any permit, "as long as they do not disturb the public."
And if they cause inconvenience, it will still be okay with him "as long as it is not severe."
"For example, if the people cannot work anymore. That's another thing. (But) they (rallyists) can rally all they want, I will take that risk," the mayor said in a press conference.
He said that approach is what he calls a tempered version of the CPR policy.
CPR gave authority to the police to disperse rallies without permits.
Although the Supreme Court upheld the 21-year-old law on public assemblies (Batas Pambansa 880), which requires organizers to secure permits for rallies in public places, it made sure LGUs designate freedom parks.
Under the law, when mayors do not act on the application for a permit within two days, it is already deemed approved.
On Thursday, Osmeña said protesters do not need any permit from his office. But they should ensure they will not inconvenience the public.
Supt. Pablo Labra II, chief of the Criminal Investigation and Intelligence Bureau (CIIB), said the Cebu City Police Office is mapping out a security plan for the May 1 activities.
They expect cause-oriented and militant groups to hold protests against the Arroyo administration and call for pay increases.
Aside from setting several tasks for policemen, the security plan includes the rerouting in the areas where rallies might be held.
Labra, however, is confident that mass actions in Cebu City will be peaceful, unlike those in Manila.
President Arroyo had used the CPR to justify dispersals, which often turned violent, of Manila rallyists protesting controversial policies and corruption in her administration.
Solicitor General Eduardo Antonio Nachura said in a radio interview in Manila that the CPR is the government's interpretation of "maximum tolerance" in handling mass demonstrations.
He also said Malacañang will not appeal the High Court's decision as it ruled that Batas Pambansa 880 is valid and that rallies are not allowed in public places without a permit.
However, under the same 1985 law, demonstrations can be held without a permit in "freedom parks."
Dionisio Sy, consultant of the Cultural and Historical Affairs Commission (Chac), in a radio dyLA interview said there was an area before later known as Freedom Park located at Sitio Warwick Barracks in Barangay Ermita, Cebu City, where public debates particularly on religious issues and political rallies were held.
Lawyer Democrito Barcenas, in the same radio interview said it was in 1951 during the stint of former Cebu City mayor Sergio Osmeña Jr., that the freedom park was officially named.
Barcenas remembered that in 1949, Jose P. Laurel, who was the presidential candidate of the Nationalista Party, ran against Elpidio Quirino of the Liberal Party.
Laurel held one of his political rallies in the park and while delivering his speech several unidentified goons reportedly harassed the rally. But this did not stopped Laurel from continuing his speech.
From then on, the area has been called a freedom park. (Sun.Star Cebu)
(April 27, 2006 issue)
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