MANILA, Philippines — It is actually up to the local government of Quezon City to decide on whether protests on the day of President Ferdinand Marcos Jr.’s first State of the Nation Address will be allowed along Commonwealth Avenue and not the Philippine National Police, which has declared the highway a "no-rally" zone anyway.
Section 6(a) of Batas Pambansa 880 or the Public Assembly Act of 1985 provides that the "mayor or any official acting in his behalf to issue or grant a permit unless there is clear and convincing evidence that the public assembly will create a clear and present danger to public order, public safety, public convenience, public morals or public health."
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Permits are not needed for assemblies at designated freedom parks, like Liwasang Diokno in the Commission on Human Rights grounds along Commonwealth.
"The LGU should provide evidence of clear and present danger to public safety (to justify banning protests). All we are hearing so far are arbitrary statements,” Bagong Alyansang Makabayan secretary-general Renato Reyes said Wednesday in a tweet.
The PNP has no authority to declare a “no rally zone” along Commonwealth Avenue. It is only the QC LGU which is authorized to grant or deny a rally permit. The PNP should not usurp the Mayor’s authority.
— Renato Reyes, Jr. (@natoreyes) July 20, 2022
In the lead up to former President Rodrigo Duterte's last State of the Nation Address, then Interior Secretary Eduardo Año affirmed that deciding on whether to grant or deny rally permits is up to local governments. He made the statement after the Quezon City police declared that they had denied Bayan’s application to hold a rally.
Reyes on Wednesday hit the PNP’s declaration of a no-rally zone along Commonwealth Avenue, saying that it "should not usurp the [Quezon City] mayor’s authority."
"The people intend to exercise their right to peaceful assembly and to air their grievances. The PNP should stop fearmongering," Reyes said partly in Filipino. "What will happen on Monday is the SONA. Why does it seem like they’re preparing for war? Why are they so afraid?"
The people intend to exercise their right to peaceful assembly and to air their grievances. Tigilan na ng PNP ang pananakot. Ang magaganap sa Lunes ay SONA. Bakit parang naghahanda sila sa gera? Bakit takot na takot?
— Renato Reyes, Jr. (@natoreyes) July 20, 2022
It is still unclear as of publication what action the Quezon City government has taken on Bayan’s protest permit but activists have historically held protests along Commonwealth Avenue, although often at a considerable distance from the Batasan Pambansa complex where the House of Representatives is.
Police Lt. Gen. Vicente Danao Jr., PNP officer-in-charge, said police are still holding dialogues with protest organizers to convince them to limit their activities to freedom parks like the Quezon City Memorial Circle or even the University of the Philippines – Diliman campus.
At least 22,000 police officers, soldiers, personnel from other government agencies and force multipliers will secure Marcos’ SONA.
Police dispersal of a rally at the CHR in May left 10 people injured. The Quezon City Police District claimed protesters had tried to "illegally occupy" Commonwealth Avenue, which it said was "a main road leading to House of Representative where the Joint Canvassing of votes [were] being done." — with a report from Emmanuel Tupas/The STAR