Considering the
inherent and regulatory power
of the courts to control their proceedings in order to permit the fair
and impartial administration of justice and the constitutional rights,
pleading, practice, and procedure in all courts, and complementing
further
the Per Curiam Resolution of the Court in the case of Nestle
Philippines,
Inc. v. Hon. Augusto S. Sanchez, et al., dated September 30, 1987, the
Court resolves to adopt formally the following policy and procedural
guidelines,
regarding the conduct of demonstrations, pickets, rallies and other
similar
gatherings in the vicinity of the grounds and adjacent areas of the
Supreme
Court and all other courts:
1. Courts are the defenders of the
people's
rights, especially their freedom of expression and assembly. Free
speech and peaceable assembly, along with the other intellectual
freedoms,
are highly ranked in our scheme of constitutional values.
These freedoms, however, are not
absolute.
The right of a citizen to use the streets for communication of views on
national questions must be balanced with the need of our courts for an
atmosphere that will enable them to dispense justice free from bias and
unnecessary pressure. The courts would not exist and survive to
protect
the people's most revered rights if they were unable to preserve the
integrity
of judicial proceedings and the dignity of the institution from all
forms
of distracting, degrading and prejudicial influences that threaten the
fair and orderly administration of justice.
2. Demonstrators, picketers, rallyists
and
all other similar persons are enjoined from holding any activity on the
sidewalks and streets adjacent to, in front of, or within a radius of
two
hundred (200) meters from, the outer boundary of the Supreme Court
Building,
any Hall of Justice, and any other building that houses at least one
(1)
court sala. Such activities unquestionably interrupt and hamper
the
working condition in the salas, offices and chambers of the courts.
3. Demonstrators, picketers, rallyists
and
their sympathizers must keep all public thoroughfares free and
unimpeded
to allow the smooth flow of vehicular and pedestrian traffic. At
no time should ingress to and egress from the premises of the courts
and
the offices of the courts and the offices of the justices, judges, and
court officials and employees be obstructed.
4. Demonstrators, picketers, rallyists
and
their sympathizers are prohibited from camping out on the streets,
sidewalks
or pavement adjacent to, in front of, or within a radius of two hundred
(200) meters from, the outer boundary of the Supreme Court Building,
any
Hall of Justice, and any other building that houses at least one (1)
court
sala. No provisional shelters and kitchens, pickets' quarters,
and
other similar makeshift structures shall be established in said areas.
5. Lawyers of parties with cases
pending
in courts have a duty to properly apprise their clients on matters of
decorum
and proper attitude toward courts of justice when engaged in
demonstrations,
pickets, rallies and similar activities. As officers of the
court,
they must help to preserve the dignity of the courts and to insulate
the
courts from all forms of influence that may adversely affect judicial
impartiality
and violate a party's right to due process.
6. Any violation of this resolution
shall
be treated as contempt of court. Members of the Bar violating
this
resolution may, in addition, be subject to the administrative sanctions
of fine, imprisonment, suspension from the practice of law or
disbarment
as circumstances may warrant.
The Clerk of Court is directed to forthwith
cause
publication of these Guidelines in two (2) newspapers of general
circulation.
The Guidelines shall take effect upon the expiration of fifteen (15)
days
after such publication.
The Clerk of Court is further directed to
furnish
all lower courts, the Integrated Bar of the Philippines, the PNP, and
all
agencies of local governments in charge of issuing permits to hold
demonstrations,
rallies, pickets and similar activities, around the vicinity of courts
of justice with copies of this Resolution.