image Intent to Kill: Police van runs over lumads & student rallyists on Mla street #Lakbayan2016

Video shot this morning by with a warning  of graphic content in the form of unarmed protesters being mowed down by a police van:


  1. Because ARTICLE 3, SECTION 4 states that “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances”, the right of freedom of assembly is clearly included in the right of freedom of expression. The protracted oppression (human rights violations and land grabbing among others) that the IP groups experience impels them to relay the issues to the larger public and the government per se, the assembly being a way to “petition [to] the government for redress of grievances.” Thus, the rally that the IP groups held at the US embassy is legal.

    The action of the police is therefore a VIOLATION of the freedom of expression, particularly FREEDOM FROM PRIOR RESTRAINTS. Since PRIOR RESTRAINTS happens when the government restricts or censors something to be aired publicly, the action of the police is an imposition of prior restraints and cannot be justified by the CLEAR AND PRESENT DANGER RULE (a test that ascertains the danger caused by such expression) since there is no clear and imminent danger brought about by the protest.

  2. Just reposting this comment from the 9th Media Monitoring entry..

    *For Media230/Wed class bonus points
    The right to freedom to expression is the liberty to discuss publicly and truthfully all matters of public concern without previous restraint and without fear of subsequent punishment. Taking the definition of the right of freedom to assembly in the section 3 of Batasang Pambansa Bilang 880, it states that public assembly” means any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances. Therefore, the freedom of right of assembly could be deemed as part of exercising the freedom of expression.
    In the recent protest held by the National Minority group, Lumad at the US embassy, the right to freedom of assembly was exercised. However, tension grew between the activists and the police officers that led to a violent dispersal. Justifying “No Permit, No Rally” policy, a police patrol ran over the activists, injuring not less than 5 people including women. As the freedom of speech is not absolute, there are measures meant to regulate the consequences of expressing one’s sentiment. The clear and present danger rule aims to prevent the substantive evil that the assembly can bring. Under the rule, therefore, words and mere advocacy of ideas cannot be punished unless there is a clear and present danger that the advocacy will result in illegal action. Danger must be present, or imminent in point of time that the rally was held for the clear and present danger rule to be applied. However, in the rally composed of student activists and unarmed minorities; people who are even asking for donations to fill their stomachs, let alone afford a weapon that is able to incur harm to police officers who are protected by vests, gas masks, metal shield, bats and other equipment, it is quite easy to identify who is on the more vulnerable side. The clear and present danger rule cannot justify the violent act of the police who almost killed the members of the minority group because the danger is on the Lumads’ life for standing up against foreign intervention and militarization.

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