Press Statement
July 16, 2012

REFERENCES: Renato M. Reyes, Jr Secretary General, BAYAN
Atty. Rey Cortez, National Union of People’s Lawyers, counsel for Bayan

The Bagong Alyansang Makabayan, upon the advice of our legal counsel, is not attending the dialogue with the Philippine National Police scheduled today in relation to the upcoming State of the Nation Address of the President.

For so long, these dialogues have been a way for the PNP to justify its violations of the constitutional right of the people to peaceably assemble and air their grievances to the government. They have used the so-called dialogues as a way to impose PNP security measures which run counter to our Constitutional rights and even the government’s own Batas Pambansa 880.

Bayan applied for a rally permit last July 10, stating that the group and its allied organizations intend to march to and hold a rally at the Batasan Road, near the Batasang Pambansa. The choice of venue, apart from being closer to Congress, would also allow the decongestion of Commonwealth Avenue.

Our counsel, Atty. Rey Cortez, has informed us that under BP 880, the City Government has two days from the filing to act on the request of the applicant. It has been more than two days since we applied for a permit and we have not been contacted by the QC government. Upon follow up, we found out that the matter was referred to the QC Police District.

Under the law, if the application is not acted on within the prescribed period, said application is deemed approved. Also under the law, should the City Government choose to deny or modify the application for rally permit (change venue), it has to inform the applicant and call for a hearing. The City Government, unless it presents evidence that the rally poses a clear and present danger to the public, cannot arbitrarily change the rally venue. This much has been affirmed by a Supreme Court ruling, IBP vs. Atienza.

It is clear that the PNP has no intention of following this provision of the law. It merely wishes to impose its restrictions with the expectation that we will meekly follow their dictates. It must also be made clear that the City Government cannot delegate its function of approving or rejecting permits to the PNP.

Last year, the PNP and City Government also committed the same violation of BP 880. A case before the Supreme Court is now pending because of this where the PNP and QC governments are respondents.

Our counsel has also informed us that any attempt to block the protest action on Monday, July 23, would be a violation of BP 880. We reserve our right to explore all our legal options should the PNP violate our constitutional rights.

We ask the Aquino regime, what is so frightening about a peaceful protest action? Why push the people away from Batasan? The people want to air their grievances, including economic issues, human rights abuses, violations of sovereignty and the lack of accountability of erring officials. These are valid issues Mr. President and they deserve to be heard as near as possible to Batasang Pambansa. Or is it the position of the regime that it is not interested in these issues and would rather ignore or suppress them altogether? ###