G.R. No. L-1800; January 27, 1948
Cipriano P. Primicias, General Campaign Manager of Coalesced Minority Parties, vs. Valeriano E. Fugoso, Mayor of City of Manila

FACTS

Petitioner Cipriano Primicias, as campaign manager of the Coalesced Minority Parties, sought a writ of mandamus to compel Manila Mayor Valeriano Fugoso to issue a permit for a public meeting at Plaza Miranda on November 16, 1947. The purpose was to petition the government for redress of grievances. The Mayor had refused to grant the permit. Due to urgency, the Supreme Court initially issued the writ on November 15, 1947, and later rendered this extended decision.

ISSUE

Whether the Mayor of Manila has unregulated discretion to refuse a permit for a public assembly in a public place under the city ordinances, or whether such a permit must be granted subject only to reasonable regulation of time, place, and manner.

RULING

The Supreme Court ruled in favor of the petitioner. The applicable ordinance (Section 1119 of the Revised Ordinances of Manila) does not confer upon the Mayor the power to arbitrarily refuse a permit for a lawful assembly. Instead, the Mayor’s discretion is limited to regulating the time, place, and manner of the assembly to ensure public convenience, prevent overlapping, and provide proper policing. The right to freedom of speech and assembly, while not absolute, can only be regulated under the police power to maintain public order and safety, not prohibited arbitrarily. The Court adopted the construction that the ordinance is valid only if interpreted as not granting the Mayor unfettered licensing authority, consistent with the U.S. Supreme Court precedent in Cox v. New Hampshire. The writ of mandamus was made permanent.

AI Generated by Armztrong.