LEGAL MATTERS
CRIMES AGAINST RELIGIOUS WORSHIP
‘Crimes agaast Rats Worship
REVISED PENAL CODE OF THE PHILIPPINES,
Art 132. Inerrption of religious worship. — The
Denaty of prison corecional is minimum period
Sal be imposed upon any publeofer or enployee
‘iho shal prevent or dstard the cefemontes or man
Festatonsofany religion.
1 the ere shall bare beew commited with violence
‘ar thre he penal shall be prison correctonal
‘ts medium and maximum pertots
trruption of Reigions Worship
1. The offenders pub officer or employes
2. Theres ongoing or abut to happe religous cer
‘monies or mmaiestatons of a teiten: aad.
See Oatender proven or dsr the relsons core-
oui of manifestations of ay teliion (de El
BY LEM DCL, Cine! Lave Quester and Reviewer
Qualities when com
td with erat
‘The bao lietenant was ely ofa vclion of Article
135 when be nade an actual teat oa te Life of the
Dest shud hele perss in his tation Tosa the
fms Av’ ton the tavewas not ele (People
0 Mice CGR No 12990 December 59, 1958)
ending the Bible not a ceremony
‘Reading of te Bibl then anacking crain churches ina
ble plca nota cetemouy or nafesation of rele
jn. bat ely a meatng of ariscus sec. (Pople
Roe ot al. COR: No 15683, pre)
Art 133 Offending the religions fecings: — The pen-
‘ty of aresto mayor ints macimum period to prison
orrectonal nf minimum period shal be imposed
‘pon anyone io, na place dered to religious wor
Ship or during the celebration of any regions cers
iy shall perform acts nooroasy offensive fo the ere
Ings ofthe anny
Elements of Article 133
Le 8, Reyes — in his Revised Penal Code Vol.
fe 76 fovides Tr the elements of he cine wer
Atel 153 RPC. They ae the same elements provided
{the dissent of then husice Lael in Pople. ae,
GR L-A6000, 25 Bay 1939, En Banc. Coneepcen [10
As define. to esol slments mist be present
usr this aie, to wit (1) That the facts complained
‘of were perform in a pce devoted to rela ee
‘Ship or drag the cecbraton of my relist cerem>=
‘yz ad) in the sald ats must Be DHL
‘tins to th feelings of th fatal
Notoriously offensive, where
‘Where mst he act notxously offensive 0 the rl
ions felings ofthe ‘nfl e performed? Accs
Stoald have performed the at” kta pice devoed
Feligioustershp ot dmg the celebraon of ay rele
ios cen leis an cesar tat tere tlc
Siu ceremony gots om en the a4 Was pedo
place devoted oligos woes
Thc tligionscermcay may’ be celebrated ome ofa
nut Religios ceremonies ae those feigous ete
Perfo! ome of crc, sich ar processions and
Special payers for burying dead pets. (People vs
By
FR. ATTY. LHEM J. NAVAL, JD
‘Ozamis Archdiocesan Legal Officer
Bass, GR. No L-15000, May 25,1939)
Notoriousy offensive, when
‘when is a at considered 1 be notoriously offensive to
the elgions feelings ofthe ata?
‘Anact is sido be notoriously offesive wo te religious
{elms ofthe ffl whan person riicles or makes
Tet of antiag const #velisious dosina Woks
scoff at acy devoted 0 felis ctemenies
plays wat ov dinages or destoys any objet of Wats
tion by the fal bid)
‘The acts mst be diected agaist religious practice ot
dogma cert for the purpose of ridicule, ts mocking
for scoflng a or apt to danaze an obec of rl
lous venerion eyes, Te Revised Pend Code, Book
B88) 73)
Cases decided by Supreme Court
‘The acts mst be diected agaist religious practice ot
ogni ecru forthe pepose of rides, te mosking
for seoflng aor aexptiag to dazaze an abject of rele
lous venation (Pia Pople. Bas, 68 Pil 203)
‘THuowing stone a the mister ofthe Iglesia ui Cxsto
‘who avs preaching or spreding his behets before a
‘rod nots effete elisa felines ofthe
init and of the members of the esa ni Cristo who
tinessed the incident (Prope ®. Migalon CA-GR
Nolse1oR sug 1955)
Retuaks that those who baioved that Chis is Goa are
fan-Chrst, tha all mene of the Roman Cathie
{Cnt ar minke bythe demon that the Pope is
the Commande of Satan are notoricsty ofesive othe
Telag of the nto (Prope Moro, pra)
$m ony and not offending religious fo
‘The crime is nly unjust vexaton wien the 9t i not
dist to the rss bi self and te 3 noe
‘eon of causing 0 seis tube a erp
Sreliponscerstoay
Examples:
Ase wile dk used with vied ands while
the eonaezaticn of he Aserhiy of Got ws hme ts
Seve inside cape ad atepted vo grb he soe
lender As-a rt. the meni ofthe ssc ran oo of
the chapel andthe service Was discoatited The cine
{sit vettion a ace did perform a n10-
ouly offre tothe fsings ofthe al People
Accused played dace music while a group of Catholics
aver abet commence praying the rosary. and refs
to tun dova the auplifa when rayestod 10 do so.
Crime commited is unjust veyaton ss the offender
merely purposely mnoyed the feeling ofthe felons
troup for josiable renee, wc at ean be cour
‘dard ntorcnly ofensive tote feelings of heft
Bl Pople vs Taner
Wile he pasa vas going on the evening of April 10
1933, between tani 12 oclock. the defensive
tte piace, caring bolos ad cents, ab sted 19
Cousin a bare wire fence in fou ofthe chapel. The
‘lniman ofthe emits i charge ofthe pabes od
to pesiae them to felain om ean ou the plan
tyFreninding them of the fet tha Hh Holy Week
fd tha ws bighly dnpoper to consnct fence st
that tine of the evening Ava lection etaied
‘When the people ending the pabas the chpel an
Tove oto ware eating ine yard thereat noteed wat
tose bmn. they Boeame exeted nt If the place
Thue a ta such cufison tha dices aad scars
wate broken and benches toppled over Te pasa was
tiscontine, Held The consmeton of @ fence. sven
‘hovel inating and veraious vader de eieamstances
to those pra eo cha ata cn he designs
4 "uotrouly offanive (0 We Gi (Peoples
Reyes GR No. Lo40577, August 23,1934)
Deliberate intent to atthe fesings ofthe faithful
Fact: Catholic procession poset » Protestant eet
ing on the dls Of the oad. We dhe procession was
Iwssing. the Protestant preacher placed pene othe
Pope on the wall of 3 bose ad shovted "Here again
tug the fols ofthe devouring Bets the Pope” or words
familar pot
Holt: n order to render the ase able for offending
‘he reliious fois cis nspensble that said ter
nces were nade th pice devoted to religions Wor
tips cram a place wire the seligiows carey ems
being celebrated Acesed inthis ese, as notin std
les tt in moter paces, nee religons pro=
fession dit approached the place wha he Was preachy
ing on inant offensive tothe felings ofthe fh
(Cato ‘There iso evidaice tat sccused Ia pu
possly deviated fom the opie ot his preaching otha
the precesion hd uot apreaced i meeting ples he
‘would not have tered the words cmplained te
‘lence hin steton deliberately tot the felines of
Mose acaly engaged i to celcbration of svelgious
[Mocesien c¢eefeony. (People vs Geslge Cal 3
Bee. s181.8106,
During the celebration of any riglous cermony
‘The celeron of religious ceremony my not be eon
fined tote ust place devoted to velisous Woes
Religions processans an oer feligho amberis
‘nay utlize public spaces when such cereus are
‘ondcted.Relipionsceemnies may als be contact
In cametrie, and oven privte spaces o bates.
The conf Hes wih de definition of what would be
eewied tobe a “eligous cetenoay” Thee te cone
‘tng lin weir religious ceemeny’ vas Dee
‘condita ne lata here at ecumenical
fervent ar cig, le the oder clas that 3
Tass (or religieas service) ves ceniucted calf ows
fer the act hasbeen commned while asia ete
‘menial ibe reading event
Wheer oe vot the act complained of i offensive
to thereligions feelings of the Catolies is 9 qe
Ha af fet which amit be judged only acconing to
the feuings ofthe Calle and not thse of hor
ui ees tis possible a certain acts may offend
the felnas of hose
‘vio pofesst crtin raigon, wile ot ore
Use ofesive fo the feng of hose professing ate
fh People ows 08 Ph 203)