PRESIDENT Gloria Macapagal Arroyo will continue to ban antigovernment protests that pose a “security risk” despite the Supreme Court ruling scrapping her power to forcefully break up demonstrations as they form, the government’s top lawyer said yesterday.
Mrs. Arroyo’s political opponents claimed a moral victory on Tuesday when the Supreme Court said the administration’s “calibrated preemptive response” policy against protesters was unconstitutional and an incorrect interpretation of a law governing street protests.
Police cracked down on street protests last year as Mrs. Arroyo successfully fought an impeachment complaint in the legislature over charges of election fraud. Leftist groups filed suit in the Supreme Court to have the policy struck down.
However, the Court ruling stressed that while free speech and freedom of assembly were guaranteed by the Bill of Rights, “the right, while sacrosanct, is not absolute.”
Solicitor General Eduardo Nachura said the government would continue to require antigovernment protesters to secure rally permits from local governments.
“I am puzzled why they [Arroyo foes] are rejoicing, because the Supreme Court upheld Batas Pambansa 880,” Nachura said over dzBB radio.
He said this means those who stage rallies still need to secure a permit.
Court officials said the Supreme Court ruling required protesters to apply for a permit if they planned to assemble in a public place, while ordering the government to exercise “maximum tolerance.”
The government may only lawfully deny the permit if it can show that there is a “clear and present danger” posed by the protest to “public order, public safety, public convenience, public morals or public health.”
Presidential Spokesman Ignacio Bunye warned that the ruling “
is not a carte blanche for fomenting anarchy and destabilization.”
He added: “We must warn those who intend to overthrow the government not to test the mettle of the authorities, who will move forcefully in the case of a clear and present danger to the Republic.”
Executive Secretary Eduardo Ermita issued a similar warning in the wake of reports that militant groups were planning to mount a mammoth protest rally and duplicate the May 1, 2001 storming of Malacañan Palace by loyalists of ousted President Joseph Estrada.
“They should not misinterpret the decision of the Supreme Court. to mean they can do anything that would be destructive to the welfare of others,” he said.
Police, meanwhile, expressed alarm that militants may take advantage of the Supreme Court ruling and test the waters on May 1.
National Police Chief Arturo Lomibao, however, assured the public that street demonstrations would not be dispersed as long as the protesters act within legal limits.
Lomibao added that the Supreme Court ruling would have little effect on the ability of the police to maintain the peace.
Commission on Human Rights chief Wilhelm Soriano yesterday gave a crash course to members of the PNP civil disturbance management group, which held exercises at the PNP parade grounds, presumably in preparation for rallies on Labor Day.
Senators, meanwhile, said the Labor Day rallies would be a litmus test for the administration, following the Supreme Court ruling.
“If the demonstrations on Monday will be peaceful, the government should not do anything to break them [up], otherwise there will be more problems,” said Senate Minority Leader Aquilino Pimentel Jr.
“We ask Malacañang to obey the decision of the Supreme Court as it is duty-bound to respect and implement the Constitution,” added Senate President Franklin Drilon.
In the House, administration allies warned militants not to violate BP 880.
“The Supreme Court ruling is not a bugle call for anarchy,” said Palawan Rep. Abraham Mitra. “The state retains the power to defend itself when assaulted by evil forces who use democratic values to destroy democracy itself. The ruling is not a franchise to whip up a mob.”
Also yesterday, Vice President Noli de Castro said the Court ruling Tuesday shows that democracy and the system of checks and balances are at work.
The Court on Tuesday also upheld the law’s provision that protestors do not require a permit for demonstrations in a “freedom park” designated by the government, on private property or inside schools.
Permits that are denied can be contested in the courts, which must hand down a ruling within 24 hours.
The Court also ordered local governments to designate within 30 days “freedom parks” where protesters may freely assemble without needing permits. .....
Fel V. Maragay, Romie A. Evangelista, Roy Pelovello, Joel M. Sy Egco, with AFP
http://www.manilastandardtoday.com/?...1_april27_2006
‘Dangerous’ protests will still be dispersed
Reply With Quote
Posting Permissions
