8/12/2019 Ignacio, Et Al. vs. Ela (DIGEST)

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6. Ignacio, et al. vs. Ela99 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, islocated 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 equa l

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:

Prohib i t ion, in terrupt ion, and dissolut ion of p eacefu l meet ings.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.