Jose B.L. Reyes vs. Ramon Bagatsing

Facts:

Retired Justice J.B.L. Reyes, on behalf of the Anti-Bases Coalition, sought a permit from the City of Manila to hold a peaceful march and rally on October 26, 1983 from 2:00 pm to 5:00 pm starting from Luneta, a public park, to the gates of the United States Embassy, hardly two blocks away. There was an assurance in the petition that in the exercise of the constitutional rights to free speech and assembly, all the necessary steps would be taken by the rallyist to insure a peaceful march and rally.

The petition was denied by the City Mayor due to the intelligence reports affirming the plans of subversive elements to infiltrate and/or disrupt any assembly or congregation where a large number of people is expected to attend. This denial is anchored on the provision of Article 22 of the Vienna Convention on Diplomatic Relations which was adopted in our laws as accepted thru the Ordinance No. 7295 prohibiting the holding or staging of rallies or demonstration within a radius of five hundred (500) feet from any foreign mission or chancery.

Thus, this petition for mandamus with writ of preliminary mandatory injunction to review the decision of the City Mayor of Manila.

Issue:

Whether or not the petition find its merit to exercise its constitutional rights and hold rally despite the express provision of the Vienna Convention on Diplomatic Relations.

Held:

The mandatory injunction prayed for is granted.

The constitution “adopts the generally accepted principles of international law as part of the law of the land.” That being the case, if there were a clear and present danger of any intrusion or damage, or disturbance of the peace of the mission, or impairment of its dignity, there would be a justification for the denial of the permit in so far as the terminal point would be the embassy.

There was no showing, however, that the distance between the chancery and the embassy gate is less than 500 feet.