J.B.L. REYES VS. BAGATSING
125 SCRA 553
125 SCRA 553
Facts:
Justice JBL Reyes filed a petition on behalf of the Anti-Bases Coalition to compel the issuance of a permit for a rally to be held at the Luneta and a subsequent march to the U.S. Embassy on Roxas Boulevard. The petition was filed the day before the scheduled assembly as no action had apparently been taken on the application, although it turned out later that it had been rejected in a letter sent earlier by ordinary mail. The reasons for the denial was the mayor’s fear that the assemblage might be infiltrated by subversive elements to the prejudice of the public order, and thus the intended rally would violate a city ordinance implementing the provisions of the Diplomatic Convention requiring the receiving state to afford adequate protection to foreign embassies; hence his suggestion that the rally be held at an enclosed place like Rizal Coliseum for better security.
Issue: Whether the denial of the issuance and modification of the permit is meritorious and is guaranteed under Article II, Section 3 of the Constitution.
Held:
The court set aside the denial or the modification of the permit sought and order the respondent official to grant it. The choice of Luneta and U.S. Embassy for a public rally cannot legally objected to in the absence of clear and present danger to life or property of the embassy. The Philippines, being a signatory of Vienna Conventions which calls for the protection of the premises of a diplomatic mission, adopts the generally accepted principles of international law as part of the law of the land as cited in Article II, Section 3 of the Constitution.
Justice JBL Reyes filed a petition on behalf of the Anti-Bases Coalition to compel the issuance of a permit for a rally to be held at the Luneta and a subsequent march to the U.S. Embassy on Roxas Boulevard. The petition was filed the day before the scheduled assembly as no action had apparently been taken on the application, although it turned out later that it had been rejected in a letter sent earlier by ordinary mail. The reasons for the denial was the mayor’s fear that the assemblage might be infiltrated by subversive elements to the prejudice of the public order, and thus the intended rally would violate a city ordinance implementing the provisions of the Diplomatic Convention requiring the receiving state to afford adequate protection to foreign embassies; hence his suggestion that the rally be held at an enclosed place like Rizal Coliseum for better security.
Issue: Whether the denial of the issuance and modification of the permit is meritorious and is guaranteed under Article II, Section 3 of the Constitution.
Held:
The court set aside the denial or the modification of the permit sought and order the respondent official to grant it. The choice of Luneta and U.S. Embassy for a public rally cannot legally objected to in the absence of clear and present danger to life or property of the embassy. The Philippines, being a signatory of Vienna Conventions which calls for the protection of the premises of a diplomatic mission, adopts the generally accepted principles of international law as part of the law of the land as cited in Article II, Section 3 of the Constitution.
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