People vs Baes, GR. No. L-46000. May 25, 1939

Facts:

            The undersigned Parish Priest of the Roman Catholic Church in the parish and municipality of Lumban, Province of Laguna, upon being duly sworn, charges Enrique Villaroca, Alejandro Lacbay and Bernardo del Rosario with an offense against religion.

            On April 14, 1937, at about 9 o'clock a.m., in this municipality of Lumban, Province of Laguna, Philippines, and within the jurisdiction of this court, the aforesaid accused, while holding the funeral of one who in life was called Antonio Macabigtas, in accordance with the rites of religious sect known as the "Church of Christ", willfully, unlawfully, and criminally caused the funeral to pass, as it in fact passed, through the church yard fronting the Roman Catholic Church, which church yard belongs to the said Church, which churchyard belongs to the said Church and is devoted to the religious worship thereof, against the opposition of the undersigned complainant who, through force and threats of physical violence by the accused, was compelled to allow the funeral to pass through the said churchyard. An act committed in grave profanation of the place, in open disregard of the religious feelings of the Catholics of this municipality, and in violation of article 133 of the Revised Penal Code.

Issue:

Whether or not respondent is liable under Article 133 of the Revised Penal Code.

Ruling:

            No.

            The undersigned is of the opinion that the fact act imputed to the accused does not constitute the offense complained of considering the spirit of article 133 of the Revised Penal Code. At most they might be chargeable with having threatened the parish priest, or with having passed through a private property without the consent of the owner.

Justice Albert, commenting on the article, has this to say: "An act is said to be notoriously offensive to the religious feelings of the faithful when a person ridicules or makes light of anything constituting a religious dogma; works or scoffs at anything devoted to religious ceremonies; plays with or damages or destroys any object of veneration by the faithful." The mere act of causing the passage through the churchyard belonging to the Church, of the funeral of one who in life belonged to the Church of Christ, neither offends nor ridicules the religious feelings of those who belong to the Roman Catholic Church.