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    Primicias Vs Fugoso

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    Laurence Brian M. Hagutin
    This case involves a petition filed by Cipriano Primicias, manager of the Coalesced Minority Parties, against Manila City Mayor Valeriano Fugoso to compel the mayor to issue a permit for a public meeting. The mayor refused to issue the permit, citing concerns that speeches at the meeting could undermine confidence in the government and disrupt public order. The Supreme Court ruled that the mayor does not have unlimited discretion to refuse permits and prohibit public assemblies. While freedom of speech and assembly are not absolute rights, they cannot be restricted without reasonable belief that serious and imminent harm will occur. As there was no evidence of imminent danger from the planned meeting, the mayor's refusal to issue the permit violated the group's

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    Primicias Vs Fugoso

    Uploaded by

    Laurence Brian M. Hagutin
    102 views2 pages
    This case involves a petition filed by Cipriano Primicias, manager of the Coalesced Minority Parties, against Manila City Mayor Valeriano Fugoso to compel the mayor to issue a permit for a public meeting. The mayor refused to issue the permit, citing concerns that speeches at the meeting could undermine confidence in the government and disrupt public order. The Supreme Court ruled that the mayor does not have unlimited discretion to refuse permits and prohibit public assemblies. While freedom of speech and assembly are not absolute rights, they cannot be restricted without reasonable belief that serious and imminent harm will occur. As there was no evidence of imminent danger from the planned meeting, the mayor's refusal to issue the permit violated the group's

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    Primicias vs Fugoso

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    This case involves a petition filed by Cipriano Primicias, manager of the Coalesced Minority Parties, against Manila City Mayor Valeriano Fugoso to compel the mayor to issue a permit for a public meeting. The mayor refused to issue the permit, citing concerns that speeches at the meeting could undermine confidence in the government and disrupt public order. The Supreme Court ruled that the mayor does not have unlimited discretion to refuse permits and prohibit public assemblies. While freedom of speech and assembly are not absolute rights, they cannot be restricted without reasonable belief that serious and imminent harm will occur. As there was no evidence of imminent danger from the planned meeting, the mayor's refusal to issue the permit violated the group's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views2 pages

    Primicias Vs Fugoso

    Uploaded by

    Laurence Brian M. Hagutin
    This case involves a petition filed by Cipriano Primicias, manager of the Coalesced Minority Parties, against Manila City Mayor Valeriano Fugoso to compel the mayor to issue a permit for a public meeting. The mayor refused to issue the permit, citing concerns that speeches at the meeting could undermine confidence in the government and disrupt public order. The Supreme Court ruled that the mayor does not have unlimited discretion to refuse permits and prohibit public assemblies. While freedom of speech and assembly are not absolute rights, they cannot be restricted without reasonable belief that serious and imminent harm will occur. As there was no evidence of imminent danger from the planned meeting, the mayor's refusal to issue the permit violated the group's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Primicias vs. Fugoso [L-18000.

    Jan 27, 1948]


    Doctrine:

    Clear and Present Danger Test, Freedom of Assembly and Expression


    FACTS:
    This case is an action of mandamus instituted by petitioner Cipriano Primicias,
    manager of theCoalesced Minority Parties, against respondent Manila City Mayor,
    Valeriano Fugoso, to compel thelatter to issue a permit for the holding of a public
    meeting at the Plaza Miranda on Nov 16, 1947. The
    petitioner requested for a permit to hold a peaceful public meeting.
    However, the respondent refused
    to issue such permit because he found that there is a reasonable ground to believe,
    basing upon
    previous utterances and upon the fact that passions, specially on the part of the
    losing groups, remainsbitter and high, that similar speeches will bedelivered
    tending to undermine the faith and confidence of
    the people in their government, and in the duly peace and a disruption of public
    order.
    Respondentbased his refusal to the Revised Ordinances of 1927 prohibiting as an
    offense against public peace, andpenalizes as a misdemeanor, "any act, in any
    public place, meeting, orprocession, tending to disturb thepeace or excite a riot; or
    collect with other persons in a body or crowd for any unlawful purpose; ordisturb
    or disquiet any congregation engaged in any lawful assembly." Included herein is
    Sec. 1119, Freeuse of Public Place.
    ISSUE:
    Whether or not the Mayor has the right to refuse to issue permit hence violating
    freedom of assembly.
    HELD:
    The answer is negative. Supreme Court states that the freedom of speech, and to
    peacefullyassemble and petition the government for redress of grievances, are
    fundamental personal rights of thepeople recognized and guaranteed by the
    constitution. However, these rights are not absolute. They can
    be regulated under the states police power
    that they should not be injurious to the equal enjoymentof others having equal
    rights, nor to the rights of the community or society.The Court holds that there
    can be 2 interpretations of Sec. 1119: 1) the Mayor of the City of Manila isvested
    with unregulated discretion to grant or refuse, to grant permit for the holding of a
    lawfulassembly or meeting, parade, or procession in the streets and other public
    places of the City of Manila;and 2) The right of the Mayor is subject to reasonable
    discretion to determine or specify the streets orpublic places to be used with the
    view to prevent confusion by overlapping, to secure convenient use of the streets

    and public places by others, and to provide adequate and proper policing to
    minimize therisk of disorder.The court favored the second construction since the
    first construction is tantamount to authorizing theMayor to prohibit the use of the
    streets. Under our democratic system of government no such unlimitedpower may
    be validly granted to any officer of the government, except perhaps in cases of
    nationalemergency. It is to be noted that the permit to be issued is for the use of
    public places and not for theassembly itself.The Court holds that the assembly is
    lawful and thus cannot be struck down. Fear of serious injurycannot alone justify
    suppression of free speech and assembly. It is the function of speech to free
    menfrom the bondage of irrational fears. To justify suppression of free speech there
    must be reasonableground to fear that serious evil will result if free speech is
    practiced. There must be reasonable groundto believe that the danger apprehended
    is imminent. There must be reasonable ground to believe thatthe evil to be
    prevented is a serious one . The fact that speech is likely to result in some violence
    or in

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