6. Ignacio, et al. vs.

Ela
99 Phil. 347

FACTS: A permit to hold a public meeting at the public plaza of Sta. Cruz, Zambales, together with the
kiosk, was sought on behalf of the Watch Tower Bible and Tract Society (commonly known as Jehovahs
Witnesses). The respondent mayor gave them permission to use the northwestern part of the plaza,
instead of the section of the plaza near the kiosk. It appears that the public plaza, particularly the kiosk, is
located at a short distance from the Roman Catholic Church. The proximity of said church to the kiosk has
caused some concern on the part of the authorities regarding peace and order. This is especially so
considering that the tenets of petitioners congregation are derogatory to those of the Roman Catholic
Church.
ISSUE: Whether or not respondent mayor violated Article 131 by not granting the petition to hold the
public meeting in the part of the public plaza as was requested.
HELD: The right to freedom of speech and to peacefully assemble, though guaranteed by our
Constitution, is not absolute, for it may be regulated in order that it may not be injurious to the equal
enjoyment of others having equal rights, nor injurious to the right of the community or society, and this
power may be exercised under the police power of the state, which is the power to prescribe regulations
to promote the good order or safety and general welfare of the people.
Thus, the action taken by the respondent who refused to allow the use of the kiosk, part of the public
plaza, by the members of the Watch Tower Bible and Tract Society, whose tenets and principles are
derogatory to those professed by the Catholics, is not unconstitutional as an abridgement of the freedom
of speech, assembly, and worship, considering that in view of the proximity of the kiosk to the Catholic
church, such meeting, if allowed, might result in the happening of untoward incidents and disturbance of
peace and order.
Article 131, RPC:
Prohibition, interruption, and dissolution of peaceful meetings. The penalty of prision correccional
in its minimum period shall be imposed upon any public officer or employee who, without legal ground,
shall prohibit or interrupt the holding of a peaceful meeting; or shall dissolve the same.
The same penalty shall be imposed upon any public officer or employee who shall hinder any person
from joining any lawful association or from attending any of its meetings.
The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.