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Navarro vs. Villegas

navarro vs. villegas

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erica peji
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80 views2 pages

Navarro vs. Villegas

navarro vs. villegas

Uploaded by

erica peji
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Navarro vs.

Villegas
G.R. No. L-31687
26 February 1970
--

Facts:
On February 24, 1970, the petitioner, acting in behalf of the Movement of a
Democratic Philippines, wrote a letter to the respondent, the Mayor of the city of
Manila, applying to hold a rally at Plaza Miranda February 26, 1970, from 4-11pm.
On the same day, the respondent wrote a reply, denying his request on the grounds
that, they have temporarily adopted the policy of not issuing any permit for the use
of Plaza Miranda for rallies or demonstration during weekdays due to the events
that happened from the past week. On the same letter, the respondent gave the
petitioner an option to use the Sunken Garden near Intramuros for its rally, and for
it to be held earlier for it to end before dark.
The petitioner filed suit contesting the Mayor’s action on the ground that it violates
the petitioner’s right to peaceable assemble and petition the government for
redress of grievances (ART. 3, sec 1(8)) and of the petitioner’s right to the equal
protection of the law (art. 3, sec. 1).
Issue:
Whether or not the respondent’s act on denying the request of the petitioner
violates provisions under Article 131 of Revised Penal Code.
Ruling:
The Court dismissed the Petition. The petitioner has failed to show a clear specific
legal duty on the part of respondent Mayor to grant their application for permit
unconditionally.
That respondent Mayor has not denied nor absolutely refused the permit sought by
petitioner;
That as stated in Primicias v. Fugoso, 80 Phil. 75, respondent Mayor possesses
reasonable discretion to determine or specify the streets or public places to be used
for the assembly in order to secure convenient use thereof by others and provide
adequate and proper policing to minimize the risks of disorder and maintain public
safety and order;
That respondent Mayor has expressly stated his willingness to grant permits for
peaceful assemblies at Plaza Miranda during Saturdays, Sundays and holidays when
they would not cause unnecessarily great disruption of the normal activities of the
community and has further offered Sunken Gardens as an alternative to Plaza
Miranda as the site of the demonstration sought to be held.
That experiences in connection with present assemblies and demonstrations do not
warrant the Court's disbelieving respondent Mayor's appraisal that a public rally at
Plaza Miranda, as compared to one at the Sunken Gardens as he suggested, poses a
clearer and more imminent danger of public disorders, breaches of the peace,
criminal acts, and even bloodshed as an aftermath of such assemblies, and
petitioner has manifested that it has no means of preventing such disorders;
That, consequently, every time that such assemblies are announced, the
community is placed in such a state of fear and tension that offices are closed early
and employees dismissed, storefronts boarded up, classes suspended, and
transportation disrupted, to the general detriment of the public:
That civil rights and liberties can exist and be preserved only in an order society.

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