Reyes vs Bagatsing

125 SCRA 553 November 9 1983 [Bill of Rights, Freedom of Free Speech, Peaceable Assembly]

FACTS:
retired Justice Reyes in behalf of the Anti-Bases Coalition, sought to permit a rally permit from Luneta Park to front gate of the US Embassy in Manila. Mayor Bagatsing denied the petition. He issued City Ordinance No. 7295 to prohibit rallying 500 meter radius around the Embassy.

ISSUE:
Whether or not the Mayor violated the petitioners' constitutional right.

RULING:
Yes, the mayor's ordinance which prohibit the petitioners to rally violates their constitutional right to free speech and peaceable assembly. It is settled law that as to public places, especially so as to parks and streets, there is freedom of access. Nor is their use dependent on who is the applicant for the permit, whether an individual or a group.