Anda di halaman 1dari 4


FUGOSO Facts: An action was instituted by the petitioner for the refusal of the respondent to issue a permit to them to hold a public meeting in Plaza Miranda for redress of grievances to the government. The reason alleged by the respondent in his defense for refusing the permit is, "that there is a reasonable ground to believe, basing upon previous utterances and upon the fact that passions, especially on the part of the losing groups, remains bitter and high, that similar speeches will be delivered tending to undermine the faith and confidence of the people in their government, and in the duly constituted authorities, which might threaten breaches of the peace and a disruption of public order." Giving emphasis as well to the delegated police power to local government. Stating as well Revised Ordinances of 1927 prohibiting as an offense against public peace, and penalizes as a misdemeanor, "any act, in any public place, meeting, or procession, tending to disturb the peace or excite a riot; or collect with other persons in a body or crowd for any unlawful purpose; or disturb or disquiet any congregation engaged in any lawful assembly." Included herein is Sec. 1119, Free use of Public Place. Issue: Whether or Not the freedom of speech was violated. Held: Yes. Dealing with the ordinance, specifically, Sec. 1119, said section provides for two constructions: (1) the Mayor of the City of Manila is vested with unregulated discretion to grant or refuse, to grant permit for the holding of a lawful assembly or meeting, parade, or procession in the streets and other public places of the City of Manila; (2) The right of the Mayor is subject to reasonable discretion to determine or specify the streets or public places to be used with the view to prevent confusion by overlapping, to secure convenient use of the streets and public places by others, and to provide adequate and proper policing to minimize the risk of disorder. The court favored the second construction. First construction tantamount to authorizing the Mayor to prohibit the use of the streets. Under our democratic system of government no such unlimited power may be validly granted to any officer of the government, except perhaps in cases of national emergency. The Mayors first defense is untenable. Fear of serious injury can not alone justify suppression of free speech and assembly. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one . The fact that speech is likely to result in some violence or in destruction of property is not enough to justify its suppression. There must be the probability of serious injury to the state.

REYES VS. BAGATSING Facts: Petitioner sought a permit from the City of Manila to hold a peaceful march and rally on October 26, 1983 from 2:00 to 5:00 in the afternoon, starting from the Luneta to the gates of the United States Embassy. Once there, and in an open space of public property, a short program would be held. The march would be attended by the local and foreign participants of such conference. That would be followed by the handing over of a petition based on the resolution adopted at the closing session of the Anti-Bases Coalition. There was likewise an assurance in the petition that in the exercise of the constitutional rights to free speech and assembly, all the necessary steps would be taken by it "to ensure a peaceful march and rally. However the request was denied. Reference was made to persistent intelligence reports affirming the plans of subversive/criminal elements to infiltrate or disrupt any assembly or congregations where a large number of people are expected to attend. Respondent suggested that a permit may be issued if it is to be held at the Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured. An oral argument was heard and the mandatory injunction was granted on the ground that there was no showing of the existence of a clear and present danger of a substantive evil that could justify the denial of a permit. However Justice Aquino dissented that the rally is violative of Ordinance No. 7295 of the City of Manila prohibiting the holding of rallies within a radius of five hundred (500) feet from any foreign mission or chancery and for other purposes. Hence the Court resolves. Issue: Whether or Not the freedom of expression and the right to peaceably assemble violated.

Held: Yes. The invocation of the right to freedom of peaceable assembly carries with it the implication that the right to free speech has likewise been disregarded. It is settled law that as to public places, especially so as to parks and streets, there is freedom of access. Nor is their use dependent on who is the applicant for the permit, whether an individual or a group. There can be no legal objection, absent the existence of a clear and present danger of a substantive evil, on the choice of Luneta as the place where the peace rally would start. Time immemorial Luneta has been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the public places has from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. With regard to the ordinance, there was no showing that there was violation and even if it could be shown that such a condition is satisfied it does not follow that respondent could legally act the way he did. The validity of his denial of the permit sought could still be challenged. A summary of the application for permit for rally: The applicants for a permit to hold an assembly should inform the licensing authority of the date, the public place where and the time when it will take place. If it were a private place, only the consent of the owner or the one entitled to its legal possession is required. Such application should be filed well ahead in time to enable the public official concerned to appraise whether there may be valid objections to the grant of the permit or to its grant but at another public place. It is an indispensable condition to such refusal or modification that the clear and present danger test be the standard for the decision reached. Notice is given to applicants for the denial.

MALABANAN VS. RAMENTO Facts: Petitioners were officers of the Supreme Student Council of respondent University. They sought and were granted by the school authorities a permit to hold a meeting from 8:00 A.M. to 12:00P.M, on August 27, 1982. Pursuant to such permit, along with other students, they held a general assembly at the Veterinary Medicine and Animal Science basketball court (VMAS), the place indicated in such permit, not in the basketball court as therein stated but at the second floor lobby. At such gathering they manifested in vehement and vigorous language their opposition to the proposed merger of the Institute of Animal Science with the Institute of Agriculture. The same day, they marched toward the Life Science Building and continued their rally. It was outside the area covered by their permit. Even they rallied beyond the period allowed. They were asked to explain on the same day why they should not be held liable for holding an illegal assembly. Then on September 9, 1982, they were informed that they were under preventive suspension for their failure to explain the holding of an illegal assembly. The validity thereof was challenged by petitioners both before the Court of First Instance of Rizal against private respondents and before the Ministry of Education, Culture, and Sports. Respondent Ramento found petitioners guilty of the charge of illegal assembly which was characterized by the violation of the permit granted resulting in the disturbance of classes and oral defamation. The penalty was suspension for one academic year. Hence this petition. Issue: Whether on the facts as disclosed resulting in the disciplinary action and the penalty imposed, there was an infringement of the right to peaceable assembly and its cognate right of free speech. Held: Yes. Student leaders are likely to be assertive and dogmatic. They would be ineffective if during a rally they speak in the guarded and judicious language of the academe. But with the activity taking place in the school premises and during the daytime, no clear and present danger of public disorder is discernible. This is without prejudice to the taking of disciplinary action for conduct, "materially disrupts classwork or involves substantial disorder or invasion of the rights of others." The rights to peaceable assembly and free speech are guaranteed students of educational institutions. Necessarily, their exercise to discuss matters affecting their welfare or involving public interest is not to be subjected to previous restraint or subsequent punishment unless there be a showing of a clear and present danger to a substantive evil that the state, has a right to present. As a corollary, the utmost leeway and scope is accorded the content of the placards displayed or utterances made. The peaceable character of an assembly could be lost, however, by an advocacy of disorder under the name of dissent, whatever grievances that may be aired being susceptible to correction through the ways of the law. If the assembly is to be held in school premises, permit must be sought from its school authorities, who are devoid of the power to deny such request arbitrarily or unreasonably. In granting such permit, there may be conditions as to the time and place of the assembly to avoid disruption of classes or stoppage of work of the non-academic personnel. Even if, however, there be violations of its terms, the penalty incurred should not be disproportionate to the offense.

GERMAN VS. BARANGAN Facts: Petitioners converged at J.P. Laurel Street to hear Mass at the St. Jude Chapel, which adjoinedMalacaang. Respondent barred them for security reasons. Petitioners filed a petition for mandamus. Issue: Whether or Not there was a violation of the constitutional freedom. Held: Petitioners' intention was not really to perform an act of religious worship but to conduct an anti-government demonstration since they wore yellow T-shirts, raised their clenched fists and shouted anti- government slogans. While every citizen has the right to religious freedom, the exercise must be done in good faith. Besides, the restriction was reasonable as it was designed to protect the lives of the President and his family, government officials and diplomatic and foreign guests transacting business with Malacanang. The restriction was also intended to secure the executive offices within the Malacanang grounds from possible external attacks and disturbances. (Minority opinion) The sole justification for a prior restraint or limitation on the exercise of the freedom of religion is the existence of a grave and imminent, of a serious evil to public safety, public morals, public health or any other legitimate public interest that the State has a right to prevent. The burden to show the existence of grave and imminent danger lies on the officials who would restrain petitioners. Respondents were in full control and had the capability to stop any untoward move. There was no clear and present danger of any serious evil to public safety or the security of Malacanang.

BAYAN VS. EXECUTIVE SECRETARY ERMITA Facts: Rallies of September 20, October 4, 5 and 6, 2005 is at issue. BAYANs rally was violently dispersed. 26 petitioners were injured, arrested and detained when a peaceful mass action they wa s preempted and violently dispersed by the police. KMU asserts that the right to peaceful assembly, are affected by Batas Pambansa No. 880 and the policy of Calibrated Preemptive Response (CPR) being followed to implement it. KMU, et al., claim that on October 4, 2005, a rally KMU co-sponsored was to be conducted at the Mendiola bridge but police blocked them along C.M. Recto and Lepanto Streets and forcibly dispersed them, causing injuries to several of their members. They further allege that on October 6, 2005, a multi-sectoral rally which KMU also co-sponsored was scheduled to proceed along Espaa Avenue in front of the UST and going towards Mendiola bridge. Police officers blocked them along Morayta Street and prevented themfrom proceeding further. They were then forcibly dispersed, causing injuries on one of them. Three other rallyists were arrested. All petitioners assail Batas Pambansa No. 880 The Public Assembly Act of 1985, some of them in toto and others only Sections 4, 5, 6, 12, 13(a), and 14(a), as well as the policy of CPR. They seek to stop violent dispersals of rallies under the no permit, no rally policy and the CPR policy announced on Sept. 21, 2005.Petitioners Bayan, et al., contend that BP 880 is clearly a violation of the Constitution and the International Covenant on Civil and Political Rights and other human rights treaties of which the Philippines is a signatory. They argue that B.P. No. 880 requires a permit before one can stage a public assembly regardless of the presence or absence of a clear and present danger. It also curtails the choice of venue and is thus repugnant to the freedom of expression clause as the time and place of a public assembly form part of the message for which the expression is sought. Petitioners Jess del Prado, et al., in turn, argue that B.P. No. 880 is unconstitutional as it is a curtailment of the right to peacefully assemble and petition for redress of grievances because it puts a condition for the valid exercise of that right. It also characterizes public assemblies without a permit as illegal and penalizes them and allows their dispersal. Thus, its provisions are not mere regulations but are actually prohibitions. Regarding the CPR policy, it is void for being an ultra vires act that alters the standard of maximum tolerance set forth in B.P. No. 880, aside from being void for being vague and for lack of publication. KMU, et al., argue that the Constitution sets no limits on the right to assembly and therefore B.P.No. 880 cannot put the prior requirement of securing a permit. And even assuming that the legislature can set limits to this right, the limits provided are unreasonable: First, allowing the Mayor to deny the permit on clear and convincing evidence of a clear and present danger is too comprehensive. Second, the five-day requirement to apply for a permit is too long as certain events require instant public assembly, otherwise interest on the issue would possibly wane. As to the CPR policy, they argue that it is preemptive, that the government takes action even before the rallyists can perform their act, and that no law, ordinance or executive order supports the policy. Furthermore, it contravenes the maximum tolerance policy of B.P. No. 880 and violates the Constitution as it causes a chilling effect on the exercise by the people of the right to peaceably assemble. Respondents argued that petitioners have no standing. BP 880 entails traffic re-routing to prevent grave public inconvenience and serious or

undue interference in the free flow of commerce and trade. It is content-neutral regulation of the time, place and manner of holding public assemblies. According to Atienza RA 7160 gives the Mayor power to deny a permit independently of B.P. No. 880 and that the permit is for the use of a public place and not for the exercise of rights; and that B.P. No. 880 is not a content-based regulation because it covers all rallies. Issue: Whether or Not BP 880 and the CPR Policy unconstitutional. Held: No question as to standing. Their right as citizens to engage in peaceful assembly and exercise the right of petition, as guaranteed by the Constitution, is directly affected by B.P. No. 880. B.P.880 is not an absolute ban of public assemblies but a restriction that simply regulates the time, place and manner of the assemblies. It refers to all kinds of public assemblies that would use public places. The reference to lawful cause does not make it content-based because assemblies really have to be for lawful causes, otherwise they would not be peaceable and entitled to protection. Ma ximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. There is, likewise, no prior restraint, since the content of the speech is not relevant to the regulation. The so-called calibrated preemptive response policy has no place in our legal firmament and must be struck down as a darkness that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses. Insofar as it would purport to differ from or be in lieu of maximum tolerance, this was declared null and void. The Secretary of the Interior and Local Government, is DIRECTED to take all necessary steps for the immediate compliance with Section 15 of Batas Pambansa No. 880 through the establishment or designation of at least one suitable freedom park or plaza in every city and municipality of the country. After thirty (30) days from the finality of this Decision, subject to the giving of advance notices, no prior permit shall be required to exercise the right to peaceably assemble and petition in the public parks or plazas of a city or municipality that has not yet complied with Section 15 of the law.