There
is a novel aspect to this case, If the rally were confined to Luneta,
no question, as noted, would have arisen. So, too, if the march would
end at another park. As previously mentioned though, there would be a
short program upon reaching the public space between the two gates of
the United States Embassy at Roxas Boulevard. That would be followed by
the handing over of a petition based on the resolution adopted at the
closing session of the Anti-Bases Coalition. The Philippines is a
signatory of the Vienna Convention on Diplomatic Relations adopted in
1961. It was concurred in by the then Philippine Senate on May 3, 1965
and the instrument of ratification was signed by the President on
October 11, 1965, and was thereafter deposited with the Secretary
General of the United Nations on November 15. As of that date then, it
was binding on the Philippines. The second paragraph of the Article 22
reads: "2. The receiving State is under a special duty to take
appropriate steps to protect the premises of the mission against any
intrusion or damage and to prevent any disturbance of the peace of the
mission or impairment of its dignity. " The Constitution "adopts the
generally accepted principles of international law as part of the law of
the land. ..." To the extent that the Vienna Convention is a
restatement of the generally accepted principles of international law,
it should be a part of the law of the land. That being the case, if
there were a clear and present danger of any intrusion or damage, or
disturbance of the peace of the mission, or impairment of its dignity,
there would be a justification for the denial of the permit insofar as
the terminal point would be the Embassy. Moreover, respondent Mayor
relied on Ordinance No. 7295 of the City of Manila prohibiting the
holding or staging of rallies or demonstrations within a radius of five
hundred (500) feet from any foreign mission or chancery and for other
purposes. Unless the ordinance is nullified, or declared ultra vires, its
invocation as a defense is understandable but not decisive, in view of
the primacy accorded the constitutional rights of free speech and
peaceable assembly. Even if shown then to be applicable, that question
the confronts this Court.
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