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Legal Ruling on Rally Venue Change

The Integrated Bar of the Philippines (IBP) applied for a permit to hold a rally at the foot of Mendiola Bridge in Manila but the permit was modified by the Mayor to hold the rally at Plaza Miranda instead. IBP argued this violated their freedom of assembly. The Supreme Court ruled in favor of IBP, finding the respondent failed to demonstrate a clear and present danger as required to justify limiting freedom of assembly. The sole basis for restricting this fundamental democratic right is a serious imminent threat to public safety or other legitimate state interests.

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Nica Cielo B. Libunao
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102 views1 page

Legal Ruling on Rally Venue Change

The Integrated Bar of the Philippines (IBP) applied for a permit to hold a rally at the foot of Mendiola Bridge in Manila but the permit was modified by the Mayor to hold the rally at Plaza Miranda instead. IBP argued this violated their freedom of assembly. The Supreme Court ruled in favor of IBP, finding the respondent failed to demonstrate a clear and present danger as required to justify limiting freedom of assembly. The sole basis for restricting this fundamental democratic right is a serious imminent threat to public safety or other legitimate state interests.

Uploaded by

Nica Cielo B. Libunao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IBP v.

CA Manila Police Department who earlier barred


GR# 175241 them from proceeding thereto.
Petitioners: Integrated Bar of the Philippines
through its President Jose Anselmo I. Cadiz, MPD then filed a criminal action against Cadiz
Harry Roque, and Joel Ruiz Butuyan for violating the Public Assembly Act.
Respondent: Honorable Manila Mayor Jose
“lito” Atienza ISSUES/HELD
Ponente: Carpio-Morales, J. (1) WON the modification of place in the
Date: February 24, 2010 permit issued for the rally constitute a
violation of Freedom of Assembly– YES
TOPIC Unprotected Speech
RATIO
DOCTRINE
. (1) The respondent failed to indicate how he had
Freedom of assembly is not to be limited, much arrived at modifying the terms of the permit
less denied, except on a showing, as is the case against the standard of a clear and present
with freedom of expression, of a clear and danger test which is an indispensible condition
present danger of a substantive evil that the state to such modification.
has a right to prevent.
In KMP v Ermita
(SHORT VERSION) Freedom of assembly is not to be limited, much
less denied, except on a showing, as is the case
IBP filed for a permit to rally at the foot of with freedom of expression, of a clear and
Mendiola bridge. The Office of the Manila present danger of a substantive evil that the state
Mayor issued the same but it changed the venue has a right to prevent.
of the rally to Plaza Miranda. IBP allege that
such modification violated their Freedom of
Assembly. SC held for the Petitioners, The sole justification for a limitation on the
respondent failed to show that there is a clear exercise of this right so fundamental to the
and present danger as his reason for the maintenance of democratic institutions, is the
modification. danger, of a character both grave and imminent,
of a serious evil to public safety, public morals,
FACTS public health, or any other legitimate public
interest.
IBP, through is National President Jose Anselmo
Cadiz, filed with the Office of the City Mayos of In Reyes v. Bagatsing
Manila a letter of application for a permit to
rally at the foot of Mendiola Bridge. The It is an indispensible condition to such refusal or
respondent issued the permit but with modification that the clear and present danger
modifications. Aside from permitting the rally to test be the standard for the decision reached.
be held at Mendiola Bridge, the permit states Also, the applicants must be heard on the matter.
that it would be held at Plaza Miranda.
DECISION CA Reversed
IBP filed a certiorari but to no avail.
O
The rally pushed through at Mediola Bridge,
after Cadiz discussed with a contingent from the

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