Mysterious pronouncements and rumored rules cannot be

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Unformatted text preview: ace, one must first obtain prior permit from the proper authorities. Such is valid if: 1. It is concerned only with the time, place,and manner of assembly; and 2. It does not vest on the licensing authority unfettered discretion in choosing the groups which could use the public place and discriminate others. Note: Permits are not required for designated freedom parks. Q: What is the rule on assembly in private properties? A: Only the consent of the owner of the property or person entitled to possession thereof is required. Q: What are the two tests applicable to the exercise of the right to assembly? A: 1. Purpose Test – looks into the purpose of the assembly regardless of its backers. (De Jonge v. Oregon, 299 US 353, 365, 1937) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS 2. Auspices Test – looks into the backers/supporters. Note: The ruling in Evangelista v. Earnshaw (G.R. No. 36453, Sept. 28, 1932) is not yet abrogated‐‐Mayor revoked permits he already granted because the group, the Communist Party of the Philippines, was found by the fiscal to be an illegal association. When the intention and effect of the act is seditious, the constitutional guaranties of freedom of speech and press and of assembly and petition must yield to punitive measures designed to maintain the prestige of constituted authority, the supremacy of the Constitution and the laws, and the existence of the State. Q: Is the concept of people power recognized in the Constitution? Discuss briefly. A: Yes. The Constitution: 1. Guarantees the right of the people to peaceably assemble and petition the government for redress of grievances (Sec. 4, Article III,). 2. Requires...
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This document was uploaded on 03/12/2014.

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