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1 Primacias V Fugos
1 Primacias V Fugos
Held: Yes. Dealing with the ordinance, specifically, Sec. 1119, said section provides for two
constructions: (1) the Mayor of the City of Manila is vested with unregulated discretion to grant or
refuse, to grant permit for the holding of a lawful assembly or meeting, parade, or procession in the
streets and other public places of the City of Manila; (2) The right of the Mayor is subject to
reasonable discretion to determine or specify the streets or public places to be used with the view to
prevent confusion by overlapping, to secure convenient use of the streets and public places by
others, and to provide adequate and proper policing to minimize the risk of disorder. The court
favoured the second construction. First construction tantamount to authorizing the Mayor to
prohibit the use of the streets. Under our democratic system of government, no such unlimited
power may be validly granted to any officer of the government, except perhaps in cases of national
emergency.
The Mayor’s first defense is untenable. 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. 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.