QC gov't to 'review counter-points' in denial of permit to rally vs Marcos SONA

Members of the Philippine National Police-Civil Disturbance Management (PNP-CDM), in full battle gear but unarmed, are stationed along Commonwealth Avenue in Quezon City in preparation for the last state of the nation address (SONA) of President Rodrigo Duterte on Monday(July 26, 2021). The PNP deploys 15,000 personnel to secure and maintain peace throughout the duration of Duterte’s final SONA.
The STAR / Miguel de Guzman

MANILA, Philippines — The Quezon City local government said Friday it would review its decision to deny the rally permit requested by progressive group Bagong Alyansang Makabayan, which earlier questioned the reasoning behind the denial. 

In a statement sent to reporters Friday morning, Quezon City Mayor Joy Belmonte said that she was recently made aware of requests to reconsider the city hall's initial denial of the progressive groups' request to stage a rally on the day of Marcos' SONA. 

This comes after the Quezon City Police District and the Philippine National Police declared Commonwealth Avenue a "no rally zone" in the days leading up to the SONA — despite rally permits being decided on by the local government units and not the police force, according to no less than the Department of the Interior and Local Government. 

"I have instructed the Quezon City Department of Public Order and Safety to carefully review the counter-points that were presented, and to determine if there are any possible accommodations or middle ground that they can agree upon. The same will also be applied to all rally permits that are currently with the DPOS," she said. 

Belmonte added that she was currently out of the country representing Quezon City for the International Visitor Leadership Program's Summit for Democracy Initiative.

In most cases, the vice mayor serves as officer-in-charge on matters decided upon by the local chief executive, including granting rally permits in the locality. 

READ: Up to local government, not cops, to allow SONA protests or not

Philstar.com sought comment from Quezon City Vice Mayor Gian Sotto and Quezon City chief of staff Weng Macatao, who signed the denial letter, the day before the latter was issued but received no response. 

"Rest assured, all these shall be discussed during our final SONA coordination meeting, which will happen today," Belmonte also said. 

To recall, Belmonte's city hall initially denied the request for permit, claiming that Batasan Road is not a freedom park and that a rally in the Commonwealth Area would cause heavy traffic. 

Bayan questioned the reasoning behind pointing to traffic as the basis for the denial of a permit, saying it should "at least have been granted a hearing" before the denial was issued. 

"The DPOS denial is based on a faulty understanding of the law and disregards historical precedents...we find this reasoning inconsistent with what the law states," Bayan wrote in its appeal letter addressed to Belmonte. 

"We were never given by the DPOS a proper hearing on the denial."

The Marcos-era Batas Pambansa 880 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."

"The presumption is that a permit should be granted unless there is clear and convincing evidence that the public assembly will create a clear and present danger to public order, safety, and so on. The planned assembly does not pose any of these threats," Bayan said. 

"In 2016 and 2017, protests were held in Batasan Road and these ended peacefully and traffic along Commonwealth was not affected by the demonstration. This can be done again in 2022."

At least 22,000 police officers, soldiers, personnel from other government agencies and force multipliers will secure Marcos’ SONA. — Franco Luna with a report from Xave Gregorio 

 

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 Disclosure: Quezon City Mayor Joy Belmonte is a shareholder of Philstar Global Corp., which operates digital news outlet Philstar.com.

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