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JOSE B. L. REYES, in behalf of ANTI-BASES COALITION vs.

RAMON BAGATSING
G.R. No. L-65366
Fernando, CJ.:
FACTS:
Anti-Bases Coalition (ABC), herein represented by retired Justice Jose B. L. Reyes, sought a permit to hold
a protest action and hold a peaceful march from Luneta up to the front gate of the US Embassy. However, Manila
mayor Ramin Bagatsing disapproved the permit, claiming that he had been receiving police intelligence reports that
the protest action may be infiltrated by lawless elements. According to the police intelligence, there are alleged
plans of subversive/criminal elements to infiltrate and/or disrupt any assmebly or congragations where a large
number is expected to attend.
However, Bagatsing suggested that a permit may be issued IF the protest action shall be held in the Rizal
Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be
ensured.
In addition, Bagatsing issued City Ordinance No. 7259 which prohibits staging of rallies within the 500
meter radius from the US Embassy. According to him, it was his intention to provide protection to our diplomatic
relations, thus favoring the US Embassy from such protest action which was allegedly reported to have been
infiltrated by lawless elements.
ISSUE: Whether or not the participants should be granted the permit.
HELD:
AFFIRMATIVE
Such denial of the peoples right to

peacably assemble and petition the government for redress of

grievances, despite the police intelligence report, did not pass the clear and present danger test. Mere assertion of the
report that the protest being infiltrated by subversives does not suffice. It is enough that the police chief assure to
take all necessary steps to ensure a peaceful assembly (BUTI NGA!!!).
Furthermore, Ordinance No. 7259 cannot be applied yet because it cannot be shown that the protesters are
indeed within the 500 meter radius of the embassy.
PETITION GRANTED!

Junk VFA! Junk EDCA! No to US Imperalism! Uphold our national sovereignty!

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