ATTY. Harry Roque stresses that blocking a peaceful assembly is unconstitutional, following the harassment of the MAISUG Peace Rally that was supposed to be held in Bulacan on Sunday.
‘‘Hey, you LGUs, you have no right to allow or disallow a rally. Your only right is to specify the place, time, and manner of assembly. But the rally permit is in the constitution… that’s a bill approved,’’ Atty. Harry Roque, said.
It is the right of the citizens to assemble peacefully to express their views and sentiments.
This was asserted by Former Presidential Spokesperson Atty. Harry Roque in the special coverage of Pilipinas Nating Mahal with Ka Eric and Dr. Lorraine Badoy.
Atty. Roque pointed out the provision in the constitution about the right to peaceful assembly without fear of repression or harassment.
‘‘You know, the right to peaceful assembly comes from the Bill of Rights, it doesn’t come from the government, it doesn’t come from the LGU,’’ according to Atty. Roque.
Atty. Roque cited the Primicias versus Fugoso Case and the rally held by the former presidential spokesperson with a group in Mendiola years ago.
‘‘There’s an old case— the Primicias vs Fugoso case, [which ruled that] the permit to rally doesn’t come from the LGU, it comes from the Constitution. The LGU’s only concern is the time, place, and manner of the rally. And you know during PGMA’s time, we went to the Supreme Court because they banned rallies near San Beda, near Malacañang. The Supreme Court reiterated the Primicias vs Fugoso case— that it’s not the local government that approves the rally, they only dictate the time, place, and manner. And if the local government doesn’t approve the rally permit without reason except for clear and present danger, that’s bill-approved. I know that because what we did was we really rallied without a permit, you can wear your Sunday best, and act sophisticated so we don’t look like ‘a clear and present danger’ because many socialists are rallying there.’’
‘‘The Supreme Court said our streets are really entrusted for citizens gathering, not really for vehicles. The [streets are] for citizens to gather and express their sentiments which are very important in a democracy,’’ Roque stated.
Atty. Roque also emphasized that no permit from the LGU is necessary when assembling in private property.
To recall, the MAISUG Peace Rally was supposed to be held in a private place in Bustos, Bulacan on Sunday. However, the event was cancelled on the day it was supposed to be held due to the harassment experienced by the organizers.
‘‘The Rally would be held in private property, no permit from the LGU is needed,’’ he added.
Meanwhile, when Atty. Harry roque was asked about his reaction to the statement of Bustos, Bulacan Mayor Francis Albert “Iskul” Juan regarding why he didn’t give a permit, this the lawyer’s response:
‘‘First of all, what the Supreme Court said in the case we filed, the only reason to not approve the rally permit is if there’s a clear and present danger. Why? Am I a bomber? Is Lorraine a bomber, or Eric? Do we have weapons? We don’t resort to [violence]? Those who do that are their allies, the terrorist CPP-NPA. There are no CPP-NPA terrorists among us. Our weapons are our mouths and sentiments. And of course, the presence of many citizens who are extremely dissatisfied with the ‘pulvoronic’ administration of PBBM.
