WESTERN MINDANAO STATE UNIVERSITY

College of Law
Subject: Constitutional Law I (Topic: Treaties and Gggreements)

JOSE B. REYES VS. RAMON BAGATSING

GR No. L-65366 November 9, 1983

Chief Justice Enrique Fernando

FACTS:
Retired Justice JB L. Reyes, on behalf of the Anti-Bases Coalition, sought a permit to hold
a peaceful march and rally, starting from the Luneta to the gates of the United States
Embassy which is just two blocks away. There was an assurance that in the exercise of the
constitutional rights to free speech and assembly, all the necessary steps would be taken to
ensure a peaceful rally.
The respondent, Mayor of Manila Ramon Bagatsing, denied the permit due to the police
intelligence reports which discourage the issuance of the permit at that time and place as
criminal elements, might infiltrate, or disrupt the assembly. As an alternative, a permit may
be issued if the rally is help elsewhere enclosed and where the safety of the participants can be
ensured. The respondent issued Ordinance No. 7295 which prohibits the conduct of rallies within
the 500m radius of the US Embassy in order to “adhere to generally accepted principles of
international law” pursuant to Article 22 of the Vienna Convention on Diplomatic Relations.

ISSUES:
1. Whether or not the denial of the petition for permit to conduct rally and peaceful
assembly was constitutional.
2. Whether or not the international treaty can supersede the provisions of the constitution.
HELD:
No. The Constitution is quite explicit: "No law shall be passed abridging the freedom of speech,
or of the press, or the right of the people peaceably to assemble and petition the Government for
redress of grievances.". In cases like this, the remedy is to set aside denial and modification of
the permit and order the respondent official to grant it.
No. International treaties and local ordinances cannot supersede the supremacy of the
Constitutional right of the citizens for free speech and peaceful assembly, unless there is danger,
of a character both grave and imminent, of a serious evil to public safety, public morals, public
health, and any other legitimate public interest. In this case, there was no direct proof that
infiltration of the lawless elements will disrupt the rally.
The mandatory injunction prayed for is granted.

GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)