QC-DPOS denies Bayan request to hold rally along Batasan Road on SONA 2022

The Quezon City-Department of Public Order and Safety (QC-DPOS) has denied the request of militant group Bagong Alyansang Makabayan (Bayan) to hold a protest rally along Batasan Road during the first State of the Nation Address (SONA) of President Ferdinand "Bongbong" Marcos Jr. on July 25.

In a letter dated July 19, QC-DPOS head Elmo San Diego said that the QC Police District (QCPD) recommended to deny Bayan the issuance of permit to rally as Batasan Road “is not a Freedom Park to hold protest, rallies and mass gatherings.”

Law enforcers also said that the activity “will greatly affect the normal flow of traffic for motorists” who will pass through the Batasan Road or Commonwealth Avenue during the event.

In response, Bayan secretary general Renato Reyes Jr. claimed that such denial by the QC-DPOS violates the law and constitutional rights.

He also said that the QC-DPOS “did not exercise its own judgement and independent evaluation of the facts [and] did not exercise independence and autonomy as a local government unit” for copying the QCPD’s reasons for the permit denial.

“The denial is arbitrary and follows the fascist imposition of the police. It is patently wrong. The DPOS denial suffers from a gross ignorance of the law and sheer laziness,” Reyes said in a statement.

He also argued that they sought for a rally permit as they were aware that the Batasan Road is not a freedom park, yet the SONA 2016 and 2017 rallies were held in the same area nonetheless.

He also said the authorities cannot use the traffic inconvenience as reason to refuse them to conduct the rally, citing the Batas Pambansa 880.

“The DPOS and PNP cannot invoke traffic inconvenience as a basis to deny the permit as this is not a valid ground under BP 880. The law states that a permit can be denied only if there is ‘convincing evidence of a clear and present danger’ to public safety. Heavy traffic does not constitute clear and present danger to public safety,” Reyes said.

“The State is enjoined to respect the primacy of the right to freedom of expression and peaceful assembly and make necessary arrangements to mitigate traffic disruption,” he added.

This was echoed by Kilusang Magbubukid ng Pilipinas (KMP), saying the denial is “a direct affront to the peoples' constitutional rights to peaceably assemble and freely express their views and opinions.”

They also called on QC Mayor Joy Belmonte to step in and consider allowing them to hold the rally during the upcoming SONA.

“We ask Quezon City Mayor Joy Belmonte to intervene in her capacity as LGU executive to consider granting the rally permit. Wala pong clear and present danger ang mga pagkilos sa SONA (The rallies on SONA post no clear and present danger). The PNP is only overreacting and imposing tyrannical measures that reflect the stance of the new president,” they said.

Despite the permit denial, Reyes said Bayan will proceed holding a “peaceful assembly” and they will file charges against police who will arrest and harm the protesters.

GMA News Online sought for the comment of San Diego regarding the groups’ statements but he is yet to respond as of posting.

NCRPO

Meanwhile, the National Capital Region Police Office (NCRPO) on Thursday clarified that it will “not hinder the holding of protests, mass gatherings, and the right of the people to air out their grievances to the government,” adding that it would even ensure the “safety and security” of the participants in their program.

“In fact, we guarantee that we will uphold and protect this right vested upon our people and we will even be there to ensure the safety and security of those who will participate in their program,” Police Major General Felipe Natividad, the NCRPO chief, said in a statement.

Natividad, however, encouraged the protesters to make use of freedom parks to continue free exercise of their constitutional rights to assembly and expression.

“This is to ensure the free flow of traffic for traveling motorists and commuters and uphold the security measures implemented to secure the first SONA (State of the Nation) of President  Ferdinand "Bongbong" Marcos Jr.,” he said.

“Staging of public assemblies outside these freedom parks and other places authorized by law, necessary permits must be secured from the local government units,” he added.

The 17th Philippine president is set to deliver his first SONA on Monday, July 25.

The NCRPO chief also appealed for the public’s cooperation and understanding to “work in unity towards progress and public safety.”

Philippine National Police (PNP) Director for Operations Police Major General Valeriano de Leon on Sunday called on those  planning to hold protest rallies during Marcos’ first SONA to listen to the latter's plans for the country and monitor his performance during his term instead.

This was disapproved by Reyes himself, stressing that SONA is an occasion for the public to air their grievances and urge the government to act on their most pressing concerns.—AOL/KBK, GMA News