REYES VS BAGATSING

FACTS:

retired Justice Reyes in behalf of the Anti-Bases Coalition, sought to permit a rally permit from Luneta
Park to front gate of the US Embassy in Manila. Mayor Bagatsing denied the petition. He issued City
Ordinance No. 7295 to prohibit rallying 500 meter radius around the Embassy.

ISSUE:

Whether or not the Mayor violated the petitioners' constitutional right.

RULING:

Yes, the mayor's ordinance which prohibit the petitioners to rally violates their constitutional right to
free speech and peaceable assembly. 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.

REYES VS BAGATSING

FACTS:

Petitioner’s request for a permit to hold a peaceful march and rally was denied by respondent mayor
due to police intelligence reports affirming plans of criminal intent to disrupt the assembly. Respondent
recommended that the permit may be issued if said rally is to be held at any other enclosed area where
safety is ensured.

ISSUE:

Whether or not denial of a permit to rally violates freedom of speech.

HELD:

Yes. The sole justification for a limitation on the exercise of this right, is the danger of a character both
grave and imminent, of a serious evil public safety, public morals, or any other legitimate public interest.
Peaceful assemblies are guaranteed in freedom of speech.