2.

The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor of Manila an application for a permit to hold a rally on Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political killings of journalists. However, the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio, which has been designated a Freedom Park, as venue for the rally.

1. Does the SM have a remedy to contest the denial of its application for a permit? 2.5%

2. Does the availability of a Freedom Park justify the denial of SM’s application for a permit? 2.5%

3. Is the requirement to apply for a permit to hold a rally a prior restraint on freedom of speech and assembly? 2.5%

4. Assuming that despite the denial of SM’s application for a permit, its members hold a rally, prompting the police to arrest them.

Are the arrests without judicial warrants lawful? 2.5%