ART.131- Revised Penal Code. Prohibition and Dissolution of Peaceful Meetings
I. Concept: This is a crime against the Right of Peaceful Meetings. The crime is committed by a public officer or employee who commits any of the acts specified below.
II. First Act: Prohibiting or interrupting, without legal grounds, the holding of a peaceful meeting, or by dissolving the same.
A. Grounds for prohibiting, interrupting or dissolving a meeting:
1. Lack of a required permit where the meeting is to be held in a public place where peace and order will be affected, or when others are prevented from using the place. Example: meeting in a street, or bridge or sidewalk
2. The requirement of a permit is only for purposes of regulation but not as an exercise of prohibitory powers. Thus, the refusal to issue a permit without any valid ground constitutes prohibition of a peaceful meeting.
3. When the meeting constitutes a trespass to private property
4, When the meeting is not peaceful as when it becomes chaotic or the participants are enjoined to do acts of destruction of property or acts of violence , or when the meeting becomes seditious
B. The accused officer must not be a participant in the meeting otherwise his act may either be unjust vexation or tumultuous disturbance.
C. Dissolution is usually in the form of dispersal or by the arrest of the leaders or the speakers
III. Second Act: Hindering any person from joining any peaceful meeting, such as by threatening to arrest them, unless the meeting is that of criminal associations. Example: joining the meeting of the CPP is not prohibited, but that of the NPA is prohibited..
IV. Third Act: Prohibiting or hindering another from addressing a Petition to the authorities for redress of grievances. Provided the address is done in an orderly manner and there is no damage to public peace or order.
NOTE: The Provisions of Article 131 should be read in conjunction with B.P. 880 otherwise known as the Public Assembly Act of 1985.
