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.
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.
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.
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.