Judge allows rally, but not near SONA venue

MANILA, Philippines - A second Quezon City judge has affirmed a city government directive that banned a militant group from holding a rally near Batasang Pambansa Complex during President Aquino’s State of the Nation Address (SONA) tomorrow, saying the militants were not “totally prohibited” from exercising their right to assemble.

“Their planned activity was merely regulated on account of a serious traffic problem. Petitioners can still exercise their right at another place,” read the order released to the media yesterday.

The order, issued by Regional Trial Court (RTC) Branch 77 Judge Germano Francisco Legaspi late Friday, denied the petition for a temporary restraining order (TRO) of militant group Bagong Alyansang Makabayan (Bayan).

The order was issued hours after RTC Executive Judge Fernando Sagun denied Bayan’s initial request for a 72-hour TRO on the directive that denied their application for a permit to hold a rally along the Batasang Pambansa Road.

Reacting to the denial of their request for TRO, Bayan secretary-general Renato Reyes said they will assert their rights tomorrow and push through with their plan.

On Tuesday, city department of public order and safety chief Elmo San Diego junked the application of Bayan for a rally permit to protest at Batasan Road during Aquino’s SONA.

The city government also denied the bid of the Freedom from Debt Coalition, which asked permission to conduct its rally near the Ever Gotesco Mall along Commonwealth Avenue.

San Diego said they could not allow rallies near the Batasang Pambansa Complex as it may cause traffic congestion in the area. He said the decision was based on the assessment and recommendation of the Quezon City Police District (QCPD).

The city government recommended the Freedom Park at the City Hall as an alternative venue for the militants to hold their protest. No permits are needed in order to protest in Freedom Parks.

In its petition, Bayan said the denial was a grave abuse of discretion on the part of the city government.

The group said that the reason provided by the city government is not among the grounds cited in Batas Pambansa 880 or the Public Assembly Act of 1985 for denying a permit.

“The reason cited by respondent San Diego for the denial of the permit is ‘serious traffic problem.’ This can hardly be considered the ‘clear and present danger’ contemplated by law,” read the group’s petition.

But in his order, Legaspi said a request for a rally permit can be turned down not just due to “clear and present danger.”

“Among others, the law allows a mayor not to grant a permit on the ground of public inconvenience,” the order read.