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Case Digest: Navarro v. Villegas (G.R. L-31687, 26 Feb 1970)

 

Navarro v. Villegas (G.R. L-31687, 26 Feb 1970)

 

Resolution: 1 concur in separate opinion, 2 dissented

Facts.

On February 24, 1970, Nelson Navarro (petitioner), acting in behalf of the Movement of a Democratic Philippines, wrote a letter to Antonio J. Villegas (respondent), the Mayor of the City of Manila, applying to hold a rally at Plaza Miranda on February 26, 1970 from 4 to 11 p.m.

 

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 demonstrations 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. Mayor Villegas has not denied nor absolutely refused the permit sought by Navarro. The petitioner filed suit contesting the Mayor’s action on the ground that it violates the petitioner’s right to peaceable assembly and petition the government for redress of grievances. Navarro filed the petition for mandamus. The Court, after considering the pleadings and arguments of the parties, issued a Resolution “without prejudice to a more extended opinion.”

 

Issue.

Whether the Mayor possesses discretion to determine the public places to be used for assembly, i.e. the Sunken Garden, instead of Plaza Miranda.

 

Held.

As stated in Primicias v. Fugoso (80 Phil. 75), the 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. The 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 in the afternoon of 26 February 1970. Experiences in connection with present assemblies and demonstrations do not warrant the Court's disbelieving the 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. 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. Civil rights and liberties can exist and be preserved only in an ordered society. Navarro has failed to show a clear specific legal duty on the part of Mayor to grant their application for permit unconditionally.

 

Ruling.

The Court resolved to deny the writ prayed for and to dismiss the petition.

 

Legal terms.

Mandamus - a (writ of) mandamus is an order from a court to an inferior government official ... appeal is only available if the party has no alternative means of seeking review.

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