Title
Evangelista vs. Earnshaw
Case
G.R. No. 36453
Decision Date
Sep 28, 1932
Communist Party leader Crisanto Evangelista sought a permit for a public meeting and parade in Manila, but the Mayor denied it, citing the party's seditious activities advocating government overthrow. The Supreme Court upheld the denial, ruling the party posed a clear and present danger to public safety, affirming the Mayor's authority to protect public order.
permit cancellation
public peace and safety
seditious speech

Case Digest (G.R. No. 36453)

Facts:

Crisanto Evangelista v. Tomas Earnshaw, G.R. No. 36453, September 28, 1932, Supreme Court En Banc, Ostrand, J., writing for the Court. The plaintiff-appellant, Crisanto Evangelista, sued for a writ of mandamus against Tomas Earnshaw, Mayor of the City of Manila, seeking to compel the Mayor to issue permits for meetings and a parade by the Communist Party of the Philippines (CPP). Evangelista alleged he was president of the CPP and that on March 2, 1931 he requested permission to hold a meeting at Plaza Moriones on March 12, 1931 and a parade along specified streets; the Mayor denied the request on March 3, 1931 and instructed the chief of police to prohibit CPP meetings, purportedly revoking previously issued permits so that the party could not hold meetings after March 6, 1931.

In his answer the Mayor asserted that, following an investigation by the fiscal of the City of Manila, the CPP was shown to be an illegal organization whose constitution and by‑laws promulgated revolutionary aims: immediate independence through class struggle, overthrow of American imperialism and capitalism, establishment of a Soviet-style labor dictatorship, and the use of struggle that could be peaceful or violent. The Mayor also relied on instances of public meetings held under prior permits where members made speeches that the Mayor characterized as seditious, urging the laboring classes to unite to overthrow the government and denigrating the police and Constabulary as agents of imperialism.

The Mayor justified revocation under his statutory authority to grant, refuse, and revoke permits and licenses for reasons including violations of conditions or when acts prohibited by law are being committed under such licenses (citing Act No. 2774, sec. 4, amending Adm...(Pro-only)

Issues:

  • Is the petitioner entitled to a writ of mandamus compelling the Mayor to issue permits for the Communist Party’s meetings and parade?
  • Was the Mayor within his authority in revoking permits and prohibiting the Communist Party’s meetings on the ground that the Party was an unlawful or s...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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