1.

What requisites are necessary in order that the publication of a report

of an official proceeding be considered privileged?
Answer: The requisites necessary in order for a publication of an official
proceeding be considered privileged is discussed in the precedent case of
Tulfo v. People, which are the following:
a. That it is a fair and true report of a judicial, legislative, or other official
proceedings which are not of confidential nature, or of a statement,
report or speech delivered in said proceedings, or of any other act
performed by a public officer in the exercise of his functions;
b. That it is made in good faith;
c. That it is without any comments or remarks

2. What is the OBrien Test?

Answer: The OBrien Test deals with content-neutral restriction which is a
test of standards. Its intent is to regulate the time, the place, and the
manner of the expression. In order for a government regulation to be
sufficiently justified under the OBrien test the following must concur:
1. If it is within the constitutional power of the Government;
2. If it furthers an important or substantial governmental interest;
3. If the governmental interest is unrelated to the suppression of free
expression;
4. If the incidental restriction on speech expression and press is no
greater than is essential to the furtherance of that interest.

3. What is B.P. 880?

Answer: B.P. 880 is otherwise knows as the Public Assembly Act of 1985. It
provisions the constitutional right of the people to peaceably assemble and
petition the government for redress of grievances. This law ensures the free
exercise of such right without prejudice to the rights of others to life, liberty
and equal protection of he law.

4. Are rallies allowed outside the Supreme Court?

Answer: Under A.M. 98-7-02 SC demonstrators, rallyists, picketers and all
similar persons are enjoined from holding on the sidewalks and streets within
the radius of 200 meters from the outer boundary of the Supreme Court
Buidling or any Hall of Justice any activities that unquestionably interrupt
or hamper the working condition in the salas, and chamber of courts.

5. What must concur before religion may be taught in public school?

Answer: In order for religion to be taught in public schools, the following
must concur:
a. That there is an express written option from the students and
guardians;
b. That it must be taught during regular school hours;
c. That the instructors are designated and approved by the proper
religious authorities;
 d. It is without additional cost to the government.

6. What is the two-fold aspect of religious profession and worship?

Answer: In the precedent case of In Re: Request of Muslim Employees in
the different courts in Iligan City the two aspects of religious profession and
worship are:

a. Freedom to believethis right is absolute as long as such belief is

confined in the realm of thought;
b. Freedom to actthis is subject to regulation. It is when the belief is
translated into external acts that affect public welfare.

7. When may the flag be burned?

Answer: Under R.A. 8491, a flag may be burned if it is worn out through
wear and tear. It should not be thrown away, but rather it should be solemnly
burned to avoid misuse and desecration.

8. What are the exceptions to B.P 880 and picketing?

Answer: Under B.P. 880 the exceptions to such law and picketing are strikes
made by workers and employees which would result to labor disputes. In the
precedent case of GSIS v. Kapisanan ng Manggagawa sa GSIS it is held that
the right of employees to organize is limited to the formation of unions or
associations only, the right to strike is NOT INCLUDED.

9. May a city mayor refuse to permit a rally due to clear and present
danger?
Answer: Under B.P. 880 Section 6(a) it is the duty of the mayor or any
official acting in his behalf to issue or grant a permit unless there is a clear
and convincing evidence that the public assembly will create a clear and
present danger to public order, public safety, public convenience, public
morals or public health.