Nelson Navarro, Petitioner vs. Mayor Antonio Villegas, respondent.

FACTS: On February 24, 1970, the petitioner, acting in behalf of the Movement of a Democratic Philippines, wrote a letter to the respondent, the Mayor of the city of Manila, applying to hold a rally at Plaza Miranda February 26, 1970, from 4-11pm. On the same day, the respondent wrote a reply, denying his request on the grounds that, the have temporarily adopted the policy of not issuing any permit for the used of Plaza Miranda for rallies or demonstration during weekdays due to the events that happened from the past week. On the same letter, the respondent gave the petitioner an option to use the Sunken Garden near Intamuros for its rally, and for it to be held earlier for it to end before dark. The petitioner filed suit contesting the Mayors action on the ground that it violates the petitioners right to peaceable assemble and petition the government for redress of grievances (ART. 3, sec 1(8)) and of the petitioners right to the equal protection of the law (art. 3, sec. 1). ISSUE: Whether or not the respondents act on denying the request of the petitioner violates the petitioners Right to peaceable assembly and right to the equal protection of the law. Held: The right of peaceable assemble is subject to regulation under the police power of the state. The right to freedom of speech and peaceful assembly, though granted by the Constitution, is not absolute for it may be regulated in order that it may not be injurious to the equal enjoyment of others having an equal right of community and society, This power may be exercised under the police power of the state, which is the power of the state, which is the power to prescribe regulations to promote the health, morals, peace, education, and good order, safety and general welfare of the people. While the privilege of the citizen to use streets and parks for communication may be regulated in the interest of all, said privilege is not absolute. It must be exercised in subordination to the general comfort and convenience and in consonance with peace and good order, but it must not guise of regulation be abridged or denied.