G.R. No. 47799 - Neri vs. Akutin

Petition and Proposed Assembly
On October 20, 1983, retired Justice Jose B.L. Reyes, in behalf of the Anti-Bases Coalition (ABC), filed an application with the City of Manila for a permit to hold a peaceful march and rally on October 26, 1983 from 2:00 PM to 5:00 PM.
The proposed route was from Luneta (a public park) along Roxas Boulevard to the gates of the United States Embassy (two blocks away).
Upon arrival, participants would hear two brief speeches and present a petition—based on resolutions from the International Conference for General Disarmament, World Peace and the Removal of All Foreign Military Bases—to Embassy personnel.
The petition assured that all necessary steps would be taken to ensure a peaceful assembly, and requested police protection.

Permit Denial and Judicial Proceedings
On October 19, 1983, Mayor Ramon Bagatsing denied the permit by ordinary mail, citing “police intelligence reports” of planned subversive infiltration and potential disruption. He suggested relocating to an enclosed area such as the Rizal Coliseum.
Unaware of the denial, ABC filed a suit for mandamus with an alternative prayer for a writ of preliminary mandatory injunction on October 20, 1983.
The Mayor’s formal answer was filed on October 25, 1983; oral arguments were heard the same day.
On October 25, 1983, a minute resolution granted the mandatory injunction—unanimously on clear and present danger grounds—with Justice Aquino dissenting for reliance on Manila Ordinance No. 7295 (prohibiting demonstrations within 500 feet of any foreign mission).

Does the denial of a permit to march from Luneta to the U.S. Embassy infringe the constitutional rights to free speech and peaceable assembly absent a clear and present danger?
What is the scope of the “clear and present danger” test in regulating public assemblies?
Can City Ordinance No. 7295 and the Vienna Convention on Diplomatic Relations justify barring or relocating the proposed rally?