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  • 24 Gallego Vs People

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    Trem Gallente
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    Florentino Gallego and his companions were about to hold a Jehovah's Witnesses meeting in public without a permit when approached by the chief of police. The chief warned Gallego he needed a permit and could not hold the meeting, but Gallego refused and continued the meeting for 30 minutes. The court ruled Gallego was in clear disobedience of an existing municipal ordinance requiring a permit for religious meetings in public places. Gallego argued there was no proof of the ordinance, but the court found courts can take judicial notice of municipal ordinances and the trial court properly did so in this case regarding Ordinance No. 2, Series of 1957 of the Municipality of Lambunao.

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    24 Gallego vs People

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    Florentino Gallego and his companions were about to hold a Jehovah's Witnesses meeting in public without a permit when approached by the chief of police. The chief warned Gallego he needed a permit and could not hold the meeting, but Gallego refused and continued the meeting for 30 minutes. The court ruled Gallego was in clear disobedience of an existing municipal ordinance requiring a permit for religious meetings in public places. Gallego argued there was no proof of the ordinance, but the court found courts can take judicial notice of municipal ordinances and the trial court properly did so in this case regarding Ordinance No. 2, Series of 1957 of the Municipality of Lambunao.

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    © All Rights Reserved
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    434 views2 pages

    24 Gallego Vs People

    Uploaded by

    Trem Gallente
    Florentino Gallego and his companions were about to hold a Jehovah's Witnesses meeting in public without a permit when approached by the chief of police. The chief warned Gallego he needed a permit and could not hold the meeting, but Gallego refused and continued the meeting for 30 minutes. The court ruled Gallego was in clear disobedience of an existing municipal ordinance requiring a permit for religious meetings in public places. Gallego argued there was no proof of the ordinance, but the court found courts can take judicial notice of municipal ordinances and the trial court properly did so in this case regarding Ordinance No. 2, Series of 1957 of the Municipality of Lambunao.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    FLORENTINO GALLEGO v.

    PEOPLE

    8 SCRA 813

    Gallego and his companions were about to hold a meeting of the


    Jehovahs Witnesses in front of the Public market. The chief of
    police, approached him and asked if they have a permit to hold the
    meeting, he answered in the negative. The chief of police enjoined
    him from proceeding but he refused. The chief of police warned
    appellant if he continued with the meeting, he was to place him
    under arrest. Gallego disregarded the warning and continued the
    meeting for at least 30 minutes.
    CA ruled: That there was disobedience on appellants part is selfevident from his immediate reaction to the chief of police warning.
    And there was an existing municipal ordinance at the time
    (Ordinance No. 2, Series of 1957) providing for a previous permit for
    the holding of religious meeting in public places.
    He contends that he cannot be convicted of slight disobedience
    because, there is no proof of the existence of an ordinance in force
    on March 10, 1957, requiring a permit for the holding of a meeting.
    For this purpose, petitioner assails the CA for taking judicial notice
    of Ordinance No. 2, series of 1957 when the trial court itself
    allegedly did not take cognizance of the ordinance.
    RULING: There is nothing in the law that prohibits a court, from
    taking cognizance of a municipal ordinance. On the contrary,
    Section 5 of Rule 123 of the Rules of Court enjoins courts to take
    judicial notice of matters which are capable of unquestionable
    demonstration. This is exactly what the CA did in this case in
    holding that "contrary to appellants contention, there was an
    existing municipal ordinance at the time providing for a previous
    permit for the holding of religious meeting in public places."
    It is not true, that the trial court did not take notice of the
    ordinance. For the lower court mentioned petitioners "failure to
    secure the necessary permit" with obvious reference to Ordinance
    No. 2, Series of 1957. CFI should take judicial notice of municipal
    ordinances within their respective jurisdictions. It must be in

    compliance with this ruling that the trial court took notice of
    Ordinance No. 2, Series of 1957 of the Municipality of Lambunao.

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