Offending religious feelings (Philippines)

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In the Philippines, offending religious feelings is a blasphemy law-related offense under Article 133 of the Revised Penal Code, where it is called "offending the religious feelings" (emphasis added). [1] [2] It is a criminal offense which could only be committed if done in a place of worship or during a religious ceremony and if the act is considered "notoriously offensive to the feelings of the faithful".

Contents

Provision

The offending religious feelings provision is stated in article 133 of the Revised Penal Code of 1930 which came into effect in 1932. [3] There is a second religious offense under the same law which is interruption of religious worship stated in Article 132. [4]

Offending the religious feelings. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.

Art. 133, Revised Penal Code (1930) [5]

As noted in the provision both conditions must be present in order to consider an act to be in violation of the "offending religious feelings" clause:

Lawyer Chel Diokno names the following acts as "notoriously offensive" a mockery of dogma, a mockery of the religious ceremony, or toying with or destruction of an object of veneration. [6]

Another similar provision in the same penal code is Article 201 which penalizes performances which offends "any race or religion" [7]

Cases

Carlos Celdran was convicted for "offending religious feelings" in 2019. Celdran performing left.jpg
Carlos Celdran was convicted for "offending religious feelings" in 2019.

Attempts to repeal

There has been calls to repeal the offending religious feelings provision from the Revised Penal Code. It has been argued that it is unconstitutional contrary to the 1987 Constitution's non-establishment clause stating "no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof." [1] [8]

Carlos Celdran attempted to get the offending religious feelings provision ruled as unconstitutional in his own legal case. [26]

During the 18th Congress, Senator Leila de Lima and House of Representatives member Edcel Lagman for Albay 1st District filed measures proposing the abolishment of the offending religious feelings from the Revised Penal Code. [1] Lagman argued that the provision has been unconstitutional, as early as the 1935 iteration. [27]

Christian Monsod, one of the framers of the 1987 Constitution called for the abolishment of the "offending religious feelings" provision believing it to be "too overbroad" and was a "throwback to the age of Church intolerance and oppression" which prevailed in the Spanish colonial era. [28]

See also

Notes

  1. Luka does not identify with any gender label, but prefers the pronouns they/them. [18]
  2. Multiple sources: [19] [20] [21]

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References

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