The day before groups announced their plans for “mañanita” protests for Independence day, Justice Secretary Menardo Guevarra announced that protest rallies are temporarily banned for public health reasons.

In a message to reporters, Guevarra noted that this ban is being enacted “solely for public health reasons and nothing else,” and that violators will be given “penal sanctions under existing public health laws, not under criminal laws.”

Human rights lawyers, however, pointed out that we have no laws that prohibit people from holding rallies. The National Union of Peoples’ Lawyers has listed these down in a legal opinion posted on their Facebook page.

The Constitution prevents the government from passing any laws that restrict our right to peacefully assemble and demand our government to resolve our country’s problems. There’s also the 1985 Public Assembly Act, which states that we should be free to exercise our right to protest and that organizers or participants of any rally can’t actually be arrested for protesting.

It’s also worth noting that the Bayanihan To Heal As One Act doesn’t say anything about arresting anyone on the grounds of violating rules on mass gatherings.

Presidential Spokesperson Harry Roque also did not say anything about a ban on mass gatherings being enacted, only that these should be limited to less than ten people.

“Hindi ko po alam kung ano ang sinasabi niyong mañanita, pero bawal pa po ang pagtitipon ng higit sampung tao,” Roque said.

[READ: A note for protesters: Gatherings of more than 10 prohibited]

There have been protests carried out that practice social distancing for the sake of public health. University of the Philippines -Diliman’s recent indignation protest on the Anti-Terror Bill is one example.

Header photo by Grig Montegrande of Inquirer.net

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