Case Digest (G.R. No. 123346)
Facts:
In Jose B.L. Reyes, in behalf of the Anti-Bases Coalition (ABC), v. Ramon Bagatsing, as Mayor of the City of Manila (G.R. No. L-65366, October 25, 1983), retired Justice Jose B.L. Reyes filed a petition for mandamus with an alternative prayer for a writ of preliminary mandatory injunction on October 20, 1983, after Mayor Ramon Bagatsing denied the ABC’s application for a rally permit. The ABC sought authority to use the open field in front of the Luneta Grandstand and Roxas Boulevard adjacent to the United States Embassy on October 26, 1983, from 2:00 p.m. to 5:00 p.m., to commemorate an International Conference for General Disarmament, World Peace and Removal of All Foreign Military Bases, and to march to the embassy gate for a short program. Mayor Bagatsing refused the permit on the ground of “police intelligence reports which strongly militate against the advisability of issuing such permit at this time and at the place applied for,” but suggested relocating to the Rizal ColiCase Digest (G.R. No. 123346)
Facts:
- Filing of petition
- Date and parties
- October 20, 1983: Retired Justice Jose B.L. Reyes, on behalf of the Anti-Bases Coalition (ABC), filed a petition for mandamus with an alternative prayer for writ of preliminary mandatory injunction against Mayor Ramon Bagatsing of Manila.
- Purpose: Compel action on a permit application for a public rally.
- Permit application details
- Venue: Empty field in front of the Luneta Grandstand and Roxas Boulevard opposite the U.S. Embassy.
- Date and time: October 26, 1983, from 2:00 to 5:00 p.m.
- Nature of event: International Conference for General Disarmament, World Peace, and Removal of All Foreign Military Bases, including a march for Philippine sovereignty and independence culminating in a short program at the U.S. Embassy gate.
- Assurance of peaceful assembly
- ABC’s pledge to take all necessary steps to ensure a peaceful march and rally.
- Mayor’s response
- Denial of permit
- Filed by Assistant Solicitor General Eduardo G. Montenegro (assisted by Solicitor Roberto A. Abad).
- Ground: Police intelligence reports indicating risk to public welfare, peace, or safety at the proposed time and place.
- Suggested alternative venues
- Recommendation by police authorities: Rizal Coliseum or any other enclosed area where safety of participants and the public could be ensured.
- Proceedings before the Court
- Constitutional context and precedents
- Right to freedom of assembly guaranteed under the Constitution; akin to speech, press, and petition rights.
- Reference to the “clear and present danger” test for justifying prior restraint (citing Schneider v. Irvington, Thomas v. Collins, Gonzales v. Commission on Elections, United States v. Bustos).
- Hearing
- Date: October 25, 1983.
- Petitioner’s counsel: Professor Haydee Yorac (UP College of Law) and former Senator Jose W. Diokno.
- Respondent’s counsel: Assistant Solicitor General Montenegro.
Issues:
- Whether Mayor Bagatsing’s denial of the rally permit violated the constitutional right to freedom of assembly.
- Whether the denial was supported by a “clear and present danger” of substantive evil justifying prior restraint.
- Whether City of Manila Ordinance No. 7295 (prohibiting rallies within 500 feet of foreign missions) and Article 22 of the Vienna Convention on Diplomatic Relations legally justified the permit denial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)