J.B.L. Reyes vs Bagatsing GR No. 65366 October 25, 1983

Facts
Retired Justice Jose B.L. Reyes, in behalf of the Anti-Bases Coalition, sought for a permit from the City of Manila to hold a peaceful march and rally on October 26, 1983 starting from Luneta to the gates of the United States embassy. The objective of the rally was to peacefully protest the removal of all foreign military bases and to present a petition containing such to a representative of the Embassy so it may be delivered to the United States Ambassador. This petition was to initially compel the Mayor of the City of Manila to make a decision on the application for a permit but it was discovered that a denial has already been sent through mail. It also included a provision that if it be held somewhere else, permit may be issued. The respondent mayor alleges that holding the rally in front of the US Embassy is a violation of the resolutions during the Vienna Convention on Diplomatic Relations adopted in 1961 and of which the Philippines is a signatory. In the doctrine of incorporation, the Philippines has to comply with such generally accepted principles of international law as part of the law of the land. The petitioner, on the other hand, contends that the denial of the permit is a violation of the constitutional right of the freedom of speech and expression.


Issue
Whether or not the Anti-Bases Coalition should be allowed to hold a peaceful protest rally in front of the US Embassy


Ruling
The Supreme Court ruled to allow the rally in front of the US Embassy to protect the exercise of the rights to free speech and peaceful assembly and 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 the permit. These rights are not only assured by our constitution but also provided for in the Universal Declaration of Human Rights. Between the two generally accepted principles of diplomatic relations and human rights, the former takes higher ground. The right of the freedom of expression and peaceful assembly is highly ranked in the scheme of constitutional values.