17 Navarro Vs Villegas

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G.R. No.

L-31687 February 26, 1970


NAVARRO, petitioner,
vs.
CITY MAYOR ANTONIO J. VILLEGAS, respondent.

RESOLUTION

FACTS:

Petitioner Navarro applied for a permit to conduct an assembly in Plaza Miranda.

Respondent Mayor Villegas expressly stated his willingness to grant permits for peaceful assemblies at
Plaza Miranda during weekends and holidays when they could not cause unnecessary disturbance of the
normal activities of the community.

But instead of granting the request, Mayor Villegas offered Sunken Garden as an alternative venue for the
reason that rallies in Plaza Miranda posses a clear and imminent danger of public disorders, breaches of
the peace, criminal acts and even blood shed as aftermath of the assembly.

ISSUE
WoN Mayor Villegas’s denial of the permit to hold assembly violates Freedom of Expression.

RULING:

No, the denial of the permit does not violate freedom of assembly.

The court held that civil rights and liberties can exist and be preserved only in an order society and that
the petitioner has failed to show a clear specific legal duty on the part of respondent Mayor to grant their
application for permit unconditionally;

In his concurring opinion, Justice Villamor stated that freedom of assembly is not denied; but this right is
neither unlimited nor absolute. It is not correct to say that the Mayor refused to grant the permit applied
for; he offered an alternative which is not unreasonable.

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