93. JOSE B.L.

REYES VS RAMON BAGATSING

G.R. No. 65366, October 25, 1983
Retired Justice JBL Reyes in behalf of the members of the Anti-Bases Coalition
sought a permit to rally from Luneta Park until the front gate of the US embassy
which is less than two blocks apart. The permit has been denied by then Manila
mayor Ramon Bagatsing. The mayor claimed that there have been intelligence
reports that indicated that the rally would be infiltrated by lawless elements. He
also issued City Ordinance No. 7295 to prohibit the staging of rallies within the 500
feet radius of the US embassy. Bagatsing pointed out that it was his intention to
provide protection to the US embassy from such lawless elements in pursuant to
Art. 22 of the Vienna Convention on Diplomatic Relations. And that under our
constitution we adhere to generally accepted principles of international law.
ISSUE: Whether or not a treaty may supersede provisions of the Constitution.
HELD:
No. Indeed, the receiving state is tasked for the protection of foreign diplomats from
any lawless element. And indeed the Vienna Convention is a restatement of the
generally accepted principles of international law. But the same cannot be invoked
as defense to the primacy of the Philippine Constitution which upholds and
guarantees the rights to free speech and peaceful assembly. At the same time, the
City Ordinance issued by respondent mayor cannot be invoked if the application
thereof would collide with a constitutionally guaranteed rights.