Up to this time, Las Pinas City, as in the case of a great majority of all towns and cities in the Philippines, does not have its own FREEDOM PARK. Read: “Bayan, et. al. vs. Ermita, et. al.” and docketed GR No. 169838, April 25, 2006.
The said landmark decision commands the local government units to comply with Sec. 15 of B.P. Blg. 880 (Public Assembly Act of 1985) by establishing at least one (1) FREEDOM PARK OR PLAZA in every city and municipality in the country. After 30 days from the finality of the decision, subject to the giving of advance notices, no permit shall be required to exercise the constitutional right of assembly and expression in the public parks or plazas of a city or municipality which does not yet have a freedom park or plaza.
April 26, 2006
Personal Delivery
FOR :
- Hon. IMELDA AGUILAR
City Mayor
Las Pinas City
- Hon. LUIS BUSTAMANTE
City Vice Mayor
Las Pinas City
RE : SUPREME COURT DECISION RE: CALIBRATED
PREEMPTIVE RESPONSE
MABUHAY:
As a pro bono service of the Bar to our City Government, enclosed is a copy of the very recent decision of the Supreme Court in re: the controversial issue of “calibrated preemptive response” (CPR) issued by the Court yesterday (April 25, 2006), entitled “Bayan, et. al. vs. Ermita, et. al.” and docketed GR No. 169838, for your information, record, and appropriate study and action.
Please note that, inter alia, the said decision commands the local government units to comply with Sec. 15 of B.P. Blg. 880 (Public Assembly Act of 1985) by establishing at least one (1) FREEDOM PARK OR PLAZA in every city and municipality in the country. After 30 days from the finality of the decision, subject to the giving of advance notices, no permit shall be required to exercise the constitutional right of assembly and expression in the public parks or plazas of a city or municipality which does not yet have a freedom park or plaza.
We suggest that the City Council be convened to discuss in advance the matter of designating the Las Pinas City Freedom Park/s, in compliance with the said decision.
(Note: The City Council and the Office of the City Mayor might want to include in their studies the provisions of P.D. 1216, which commands subdivision owners/developers to donate to the homeowners associations or to the local government units the open spaces inside the subdivisions upon completion thereof. Since Las Pinas City is a small city with no available public lands for parks/plazas or a city university {which the Bar had also proposed in the past], its political leaders will have to study other applicable laws and other ways and means to tap and mobilize the open spaces inside the subdivisions located within its territory, pursuant to the aforesaid Decree).
Let us know how the local Bar could be of help to your respective offices in this respect. The local Bar is an able and non-partisan partner both in the administration of the local justice system and the local promotion of the local rule of law, as well as in the enhancement of local socio-economic growth and development. It is always available to give free consultations to the local leaders and other NGOs and POs of the city.
X x x.
Cc: IBP PPLM Chapter Office
IBP National Office
LPBA President
Rep. Cynthia Villar
RTC Executive Judge & Vice Exec. Judge
The PNP Chief of Police of LPC
File
