Saturday, August 13, 2022

Designating the Iligan City Public Plaza & Some Areas &/ Open Spaces in I.C. as Freedom Parks

Ordinance No. 06-4950 An Ordinance Designating the Iligan City Public Plaza and some areas and/or open spaces in Iligan City Freedom Park.

Republika ng Pilipinas

LUNSOD NG ILIGAN

Tanggapan ng Sangguniang Panlungsod

REGULAR SESSION HELD ON MAY 09, 2006

 

PRESENT: 

 

Hon. Henry C. Dy,

Presiding Officer

Hon. Providencio P. Abragan, Sr.,

Member

Hon. Vicente F. Belmonte, Jr.,

Member

Hon. Chonilo O. Ruiz,

Member

Hon. Alfredo R. Busico,

Member

Hon. Moises G. Dalisay, Jr.,

Member

Hon. Ruderic C. Marzo,

Member

Hon. Bienvenido V. Badelles,

Member

Hon. Orlando M. Maglinao,

Member

Hon. Wilfredo R. Bacareza,

Member

Hon. Voltaire I. Rovira,

Member

Hon. Bernard Y. Pacaña,

Member

Hon. Hannah M. Quijano,

Member

 ABSENT:

 

(NONE)

 

RESOLUTION NO. 06-403 

WHEREAS, Section 4, Article III of the 1987 Philippine Constitution explicitly provides that; “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances”;

WHEREAS, a leading authority in Philippine Constitutional Law succinctly states that the basis for constitutional guarantee of the right to free expression is that “ours is a democratic society and the only way to rule ultimately is by means of public opinion which is possible only when everyone can speak their minds and compete in the free market of ideas”;

WHEREAS, the Supreme Court in a case ruled that, “the right to assemble is not subject to prior restraint. It may not be conditioned upon the prior issuance of a permit or authorization from government authorities. However, the right must be exercised in such a way that it will not prejudice the public welfare”;

WHEREAS, this representation is of the utmost belief that the twin basic constitutional right to free expression and assembly should be promoted, protected and enhanced at the local level by relevant legislative measures;

WHEREAS, it is the noble intention of this representation not only to urge the unhampered exercise of these basic constitutional rights but to call for its responsible use in line with the Civil Code provision obliging all persons to, “act with justice, give everyone his due, and observe honesty and good faith”;

(Page 2 of Res. No. 06-403)

WHEREAS, the High Court however enunciated that, “ if the assembly is to be held in a public place, a permit for the use of such place, and not for the assembly itself, may be validly required. But the power of local officials in this regards is merely one of regulation and not prohibition”;

WHEREAS, the clear intention and spirit of Batas Pambansa 880 or the Public Assembly Act of 1985 requires in the interest of regulations, that assemblies in public places throughout the country must secure prior permits from the Mayors of the localities concerned;

WHEREAS, the aforementioned law clearly exempts from the permit requirement, specific venues of public assemblies such as freedom parks, private properties and campuses of state colleges and universities;

WHEREAS, Iligan City at present has no officially designated Freedom park which will serve as a forum for free expression and as a venue for public assemblies exempted from the permit requirement;

WHEREFORE, on joint motion of Members Orlando M. Maglinao and Alfredo R. Busico, duly seconded by Members Providencio P. Abragan, Sr. and Ruderic C. Marzo;

BE IT RESOLVED, AS IT IS HEREBY RESOLVED, By the Sangguniang Panlungsod of Iligan, that the following City Ordinance be, as it hereby ADOPTED and APPROVED:

 

CITY ORDINANCE NO. O6-4950

AN ORDINANCE DESIGNATING THE ILIGAN CITY PUBLIC PLAZA AND SOME AREAS AND/OR OPEN SPACES IN ILIGAN CITY AS FREEDOM PARKS.

Be it ordained by the Sangguniang Panlungsod of Iligan in session assembled, that:

SECTION 1. Policy – It is the declared policy of the City Government of Iligan to respect the freedom of speech, of expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances.

SECTION 2. Freedom Parks – For the people to freely exercise such rights,the Iligan City Public Plaza; the Centennial Park at Dalipuga; the Amphitheater at Buhanginan Hill, Barangay Pala-o; the Open Space in front of the Girl Scouts Headquarters, Barangay Pala-o; the Oval in front of the Iligan Medical Center College, the Island at the Y-junction of President Diosdado Macapagal Avenue and the national road going to Marawi City at Barangay Maria Cristina and the Reclamation Area at Barangay Poblacion, are hereby DECLARED, as the same are hereby DECLARED as Freedom Parks;

 SECTION 3. Conduct of Assembly – Any organization or group for that matter, could conduct assembly at the aforestated declared Freedom Parks, without prior issuance of a permit or authorization from the City Government authorities, Provided, such gathering must be exercised in such a way that it will not prejudice the public welfare and public order.

(Page 3 of Res. No. 06-403)

 SECTION 4. Users to Consult City Government – That before any person or group of persons may use any public plaza under the right granted as a Freedom Park, said person or group of persons may consult first the City Government concerned, for that purpose of regulating and controlling the use of the public plaza, in order to find out if there is no other person or group of persons who has already been given the permission to use the same, and thus avoid any confusion or conflict of schedule.

 SECTION 5. Priority in the Use of the Freedom Parks – The use of the Freedom Parks shall be for the First-Come-First-Serve Basis, limited in duration to one day only, and in accordance with the rules and regulations set forth by the City General Services Office, Provided, that the regular activities conducted by the City Government and the private sector for annual celebrations like Labor Day, Adlaw sa Iligan and the like shall be given priority in the use of the said Freedom Parks over all other activities falling on the same day; Provided further that the business and product promotion activities shall be absolutely prohibited in the Freedom Parks; Provided furthermore, that the organizers and their members shall be responsible to maintain cleanliness in the aforesaid park and any libelous words that may be spoken or uttered during the expression of their freedom.

 SECTION 6. Park Police – There must be a park police designated at the Freedom Parks whose sole duty is to maintain peace and order in the aforesaid Freedom Parks, and shall not in any mode interfere in any activity held at the Freedom Parks, which are conducted in the manner not contrary to law, public policy, public order, public welfare and good customs.

 SECTION 7. Control of Prostitutes and Juvenile Delinquents – The use of Freedom Parks must be made with respect and dignity; hence, presence of vendors, prostitutes and juvenile delinquents shall be controlled by the Park Police designated at the Freedom Park.

 SECTION 8. Simultaneous Use of the Freedom Parks – Any part of the Freedom Parks can be used by any individual or group to express their opinion on an issue already espoused by other person or group also using the park so long as the former does not disturb the latter, Provided, in cases where two or more groups are using the park at the same time, it is the responsibility of the police to maintain peace and order in the aforesaid park.

 SECTION 9. Freedom Bulletin Board and Freedom Wall – The City General Services Office shall endeavor to build a Freedom Bulletin Board where the list of the groups or organizations that are scheduled to use the Freedom Park in a day, and all other information pertinent to the use of the same and the schedule of government activities shall be posted, and a Freedom Wall where the people may display placards and other symbols of expressions; Moreover, the Freedom Bulletin Board shall be built within the key and strategic place within the Freedom Park premises.

 SECTION 10. Management of the Freedom Parks – The management of the Freedom Parks with respect to the booking and listing of participants or users of the same and the permission for the use of the City Government facilities in relation to any activity thereof, shall be the sole function of the City Government Services Office.

 (Page 4 of Res. No. 06-403)

 

SECTION 11. Prohibitive Hours – Prohibitive hours for unaccompanied minor, which shall commence at 10:00 o’ clock in the evening to 4:00 o’ clock in the morning, shall be imposed within the Freedom Park as regulatory measure to avert the commission of crimes.

 

SECTION 12. Separability Clause – If, for any reason or reasons, any part or provision of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect.

 

SECTION 13. Effectivity – This Ordinance shall take effect ten (10) days after the publication in a local newspaper, as set forth by law.

 

(VOTING BY ROLL CALL: ABRAGAN, “Yes”; BELMONTE, “Yes”; RUIZ, “Yes”; BUSICO, “Yes”; DALISAY, “Yes”; MARZO, “Yes”; BADELLES, “Yes”; MAGLINAO, “Yes”; BACAREZA, “Yes”; ROVIRA, “Yes”; PACAÑA, “Yes” and QUIJANO, “Yes”).

 

CARRIED unanimously.

——————————

The undersigned hereby attests to the adoption of the foregoing as verified to by the Member-authors.

 

ATTY. ARTHUR LL. PADILLA

Secretary to the Sanggunian

VERIFIED:

ORLANDO M. MAGLINAO ALFREDO R. BUSICO
Member, Author Member, Co-author

CERTIFIED:

HENRY C. DY

 City Vice Mayor, Presiding Officer

 

APPROVED: ___________________

LAWRENCE LL. CRUZ

City Mayor