Right of Assembly

Right of Assembly

   The right of assembly refers to the right of the people to peaceably assemble and petition the government for redress of grievances and for no other purpose. It is the right of the people to meet peaceably  for consultation in respect to public affairs and to apply to the appropriate branch of government for redress of grievances- without previous restraint. (B.P. 880, aka Public Assembly Act)

   Both rights are protected  by the due process clause of the Constitution whereby a person may not be deprived of his right to liberty ( which right includes the right to assemble), without due process of law. This constitutional prohibition against the right of assembly and petition is directed against the adoption of any law-  a legislation by a lawmaking body or by local lawmaking bodies authorized by the same or any other act of government by any executive official authorized by law or under the Constitution.

Prohibition

   No law, ordinance,  regulation or administrative order having the force of law would be constitutionally valid where it would prohibit assemblage in a private property over which the owner may not be deprived without due process of law. Moreover, this would also curtail the right of assemblage which is guaranteed by the constitution.

   In the case of Reyes vs. Bagatsing (125 SCRA 553), then Chief Justice Fernando declared that if a rally is intended to be held in a private place, " only the consent of the owner or the one entitled to its legal possession is required."

   However, regulations promulgated in the exercise of the police power with respect to the use of public places, streets, parks, plazas or even public buildings will not constitute as restraints against the right of assembly and petition. As for instance, when the assembly might cause undue inconvenience to the public and paralyze the movement of vehicles and pedestrians for many hours.