Primicias vs Fugoso

G.R. No. L-1800, January 27, 1948

Feria, J.

Principle: Suppression of speech and assembly by reason of fear of serious injury.

Facts:

Cipriano Primicias, a campaign manager of the Coalesced Minority Parties filed a n

action for mandamus against Valeraino Fugoso, as Mayor of the City of Manila, on the
ground that the latter refused to grant and issue a permit for the holding of a public
meeting at Plaza Miranda on Sunday afternoon, November 16, 1947.

The reason alleged by the Mayor Fugoso in his defense for refusing the permit is that
there is a reasonable ground to believe, basing upon previous utterances and upon the
fact that passions, especially on the part of the losing groups, remains bitter and high,
that similar speeches will be delivered tending to undermine the faith and confidence of
the people in their government, and in the duly constituted authorities, which might
threaten breaches of the peace and a disruption of public order.

Issue:

Whether or not the fear of serious injury can justify suppression of speech and
assembly.

Ruling:

No.

As the request of the petition was for a permit "to hold a peaceful public meeting," and
there is no denial of that fact or any doubt that it was to be a lawful assemblage, the
reason given for the refusal of the permit cannot be given any consideration.

Fear of serious injury cannot alone justify suppression of free speech and assembly. It is
the function of speech to free men from the bondage of irrational fears. To justify
suppression of free speech there must be reasonable ground to fear that serious evil will
result if free speech is practiced. There must be reasonable ground to believe that the
danger apprehended is imminent. There must be reasonable ground to believe that the
evil to be prevented is a serious one.
Moreover, even imminent danger cannot justify resort to prohibition of these functions
essential effective democracy, unless the evil apprehended is relatively serious.
Prohibition of free speech and assembly is a measure so stringent that it would be
inappropriate as the means for averting a relatively trivial harm to a society. . . . The fact
that speech is likely to result in some violence or in destruction of property is not
enough to justify its suppression. There must be the probability of serious injury to the
state. Among freemen, the deterrents ordinarily to be applied to prevent crimes are
education and punishment for violations of the law, not abridgment of the rights of free
speech and assembly.

More so, the legislative police power of the Municipal Board to enact ordinances
regulating reasonably the exercise of the fundamental personal rights of the citizens in
the streets and other public places, cannot be delegated to the Mayor or any other
officer by conferring upon him unregulated discretion or without laying down rules to
guide and control his action by which its impartial execution can be secured or
partiality and oppression prevented.

It is also to be construed that the provisions of the said ordinance to mean that it does
not confer upon the Mayor the power to refuse to grant the permit, but only the
discretion, in issuing the permit, to determine or specify the streets or public places
where the parade or procession may pass or the meeting may be held.

In view of all the foregoing, the petition for mandamus is granted and, there appearing
no reasonable objection to the use of the Plaza Miranda, Quiapo, for the meeting
applied for, Mayor Fugoso is ordered to issue the corresponding permit, as requested.