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CA
GR# 175241
Petitioners: Integrated Bar of the Philippines
through its President Jose Anselmo I. Cadiz,
Harry Roque, and Joel Ruiz Butuyan
Respondent: Honorable Manila Mayor Jose
lito Atienza
Ponente: Carpio-Morales, J.
Date: February 24, 2010
TOPIC Unprotected Speech
DOCTRINE
.
Freedom of assembly is not to be limited, much
less denied, except on a showing, as is the case
with freedom of expression, of a clear and
present danger of a substantive evil that the state
has a right to prevent.
(SHORT VERSION)
IBP filed for a permit to rally at the foot of
Mendiola bridge. The Office of the Manila
Mayor issued the same but it changed the venue
of the rally to Plaza Miranda. IBP allege that
such modification violated their Freedom of
Assembly. SC held for the Petitioners,
respondent failed to show that there is a clear
and present danger as his reason for the
modification.
FACTS
IBP, through is National President Jose Anselmo
Cadiz, filed with the Office of the City Mayos of
Manila a letter of application for a permit to
rally at the foot of Mendiola Bridge. The
respondent issued the permit but with
modifications. Aside from permitting the rally to
be held at Mendiola Bridge, the permit states
that it would be held at Plaza Miranda.