Offending religious feelings (Philippines)

Last updated

In the Philippines, offending religious feelings is an blasphemy law-related offense under Article 133 of the Revised Penal Code. [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]

Related Research Articles

<span class="mw-page-title-main">Iglesia ni Cristo</span> Christian church from the Philippines

Iglesia ni Cristo is an independent Nontrinitarian Christian church, founded in 1913 and registered by Felix Y. Manalo in 1914 as a unipersonal religious corporation to the Insular Government of the Philippines.

<span class="mw-page-title-main">Gloria Diaz</span> Filipina actress and model

Gloria Maria Aspillera Diaz is a Filipina actress, model and beauty queen who won Miss Universe 1969, becoming the first Filipino to hold the Miss Universe title.

Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines.

The Da Vinci Code is a 2006 American mystery-thriller film directed by Ron Howard. The screenplay was written by Akiva Goldsman and based on Dan Brown's worldwide bestselling 2003 novel, The Da Vinci Code. It was produced by Howard with John Calley and Brian Grazer and released by Columbia Pictures in the United States on May 19, 2006.

Reclusión perpetua is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries.

Abortion is illegal in the Philippines.

<span class="mw-page-title-main">Sonshine Media Network International</span> Television channel in the Philippines

Sonshine Media Network International (SMNI), also known by its name Swara Sug Media Corporation (SSMC), is a Filipino broadcast media arm of the Kingdom of Jesus Christ (KJC) led by the Filipino televangelist Apollo Quiboloy. Based in Davao City and Makati, it operates a network of radio and television broadcasting stations.

Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by reclusión perpetua when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years.

Harriet Obias Demetriou is a Filipino lawyer and retired judge. She served as the chairperson of the Commission on Elections (COMELEC) from 1999 to 2001, the first woman to serve in that post. Prior to that, she was an associate justice of the Sandiganbayan, serving from 1995 to 1998. As presiding judge of the Pasig regional trial court, she presided over the trial for the murders of Eileen Sarmenta and Allan Gomez, in which Calauan, Laguna mayor Antonio Sanchez and his accomplices were convicted in 1995.

<span class="mw-page-title-main">Blasphemy law</span> Law prohibiting blasphemy

A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.

<span class="mw-page-title-main">Mary, Mediatrix of All Grace</span> Marian Apparition in the Philippines

Mary, the Mediatrix of All Grace, also known as the Our Lady of Lipa, is an alleged Marian apparition that occurred within the Carmelite Monastery of Lipa, Batangas, Philippines. The event occurred to a former Carmelite postulant, Teresita Castillo. The original statue associated with the apparition is currently enshrined at the monastery.

<span class="mw-page-title-main">Cybercrime Prevention Act of 2012</span> Law in the Philippines

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.

<span class="mw-page-title-main">EJ Obiena</span> Filipino pole vaulter

Ernest John "EJ" Uy Obiena, OLY is a Filipino Olympian pole vaulter, currently ranked second in the world in men's pole vault (2023), per the World Athletics Organization.

<span class="mw-page-title-main">Pantaleon Alvarez</span> Speaker of the House of Representatives of the Philippines from 2016 to 2018

Pantaleon Diaz Alvarez is a Filipino lawyer and politician serving as the Representative of Davao del Norte's 1st district since 2016, previously holding the position from 1998 to 2001. He served as the Speaker of the House of Representatives from 2016 to 2018. He also served as the Secretary of Transportation and Communications in the Cabinet of President Gloria Macapagal Arroyo from 2001 to 2002.

<span class="mw-page-title-main">Carlos Celdran</span> Filipino artist, tour guide and cultural activist

John Charles EdwardPamintuan Celdran was a Filipino artist, tour guide, segment TV host and cultural activist. He was known for "Walk This Way", a guided tour of the Manila districts of Intramuros, Binondo, and Quiapo using a combination of music, visuals, and history lectures to immerse tourists into what life was like during the Spanish and American colonization periods of the Philippines. He was also known for engaging in a controversial protest, known colloquially as his "Damaso stunt", in the Manila Cathedral in September 2010, leading to his arrest for "offending religious feelings" as per Article 133 of the Revised Penal Code. In January 2019, the conviction forced Celdran to go on self-exile in Madrid, Spain, where he died of cardiac arrest on October 8 of that year.

<span class="mw-page-title-main">Offending religious feelings (Poland)</span> Polish blasphemy law

Offending religious feelings is a blasphemy law in Poland. According to Article 196 of the Penal Code: "Whoever offends the religious feelings of other persons by publicly insulting an object of religious worship, or a place designated for public religious ceremonies, is liable to pay a fine, have their liberty limited, or be deprived of their liberty for a period of up to two years."

Persona non grata, in the context of Philippine governance parlance, refers individuals or groups declared as unwelcome in a particular locality. This designation is merely symbolic and non-binding, and does not legally prohibit a person declared as persona non grata from stepping foot on that locality.

Amadeus Fernando Pagente, better known by their stage name Pura Luka Vega, is a Filipino drag performer. They were a Drag Den contestant. In 2023, they came into public attention for a drag performance dressed as Jesus Christ to the tune of a remix of the Tagalog language version of the Lord's Prayer.

Toni Fowler is a Filipina actress and social media personality. Besides appearances on her social media profiles, Fowler also pursued a career in mainstream show business where she portrayed the role of Chicky in the ABS-CBN action series FPJ's Batang Quiapo.

<span class="mw-page-title-main">Mediatrix of All Grace offending religious feelings case</span> 2022 Filipino criminal lawsuit

In December 2022, Harriet Demetriou a devotee of the Vatican unrecognized Mary, Mediatrix of All Grace apparition filed a criminal case against exorcist priest Winston Cabading for offending religious feelings a violation under the Revised Penal Code. This complaint was made over his prior statements referencing the Marian apparition in a conference and an online show which the complainant is convinced to be a mockery against the devotion.

References

  1. 1 2 3 "Lawmakers seek repeal of 'archaic' ban on offending religious feelings". CNN Philippines. October 21, 2019. Archived from the original on October 22, 2019. Retrieved May 29, 2023.
  2. ↑ Abasola, Leonel (August 7, 2019). "Philippine senator wants end to blasphemy punishments". UCA News. Union of Catholic Asian News. Retrieved May 29, 2023.
  3. ↑ Visconti, Katherine (January 28, 2013). "Law used vs Celdran 'outdated, obsolete'". Rappler. Retrieved October 7, 2023.
  4. ↑ "Yes, there are religious crimes". The Philippine Star. January 29, 2023. Retrieved October 7, 2023.
  5. 1 2 Act No. 3815 (December 8, 1930), "Article 133", Offending the Religious Feelings, Official Gazette of the Philippines , retrieved March 18, 2024
  6. ↑ Ycasiano, Jose Angelo (July 14, 2023). "Penal code provisions: Is Pura Luka Vega's drag performance a crime?". Interaksyon. Retrieved October 7, 2023.
  7. ↑ Bolledo, Jairo (October 9, 2023). "Is it time to repeal the law that put drag artist Pura Luka Vega behind bars?". Rappler. Retrieved October 22, 2023.
  8. 1 2 3 Robles, Raissa (January 29, 2023). "Criminal law professor questions constitutionality of the crime of "offending religious feelings"". ABS-CBN News. Retrieved October 7, 2023.
  9. ↑ G.R. No. L-34854 (November 20, 1978), Pamil vs. Teleron, et.al, The Lawphil Project, retrieved March 18, 2024
  10. ↑ Padua, Reinir (May 6, 2008). "British missionary nabbed for disrupting worship service". The Philippine Star. Retrieved October 7, 2023.
  11. ↑ Torres, Jose Jr. (August 8, 2018). "Jail for Filipino activist who offended religious feelings". UCA News. Union of Catholic Asian News. Retrieved May 29, 2023.
  12. ↑ Torres-Tupas, Tetch (January 7, 2015). "CA affirms Celdran's conviction in 'Damaso' act". Philippine Daily Inquirer. Retrieved May 29, 2023.
  13. ↑ Patag, Kristine Joy (August 7, 2018). "SC affirms guilty verdict of Carlos Celdran". The Philippine Star. Retrieved May 29, 2023.
  14. ↑ "Why an exorcist priest was arrested for 'offending religious feelings'". Rappler. May 24, 2023. Retrieved May 29, 2023.
  15. ↑ Macairan, Evelyn. "Priest: No basis for charge of offending religious feelings". The Philippine Star. Retrieved May 29, 2023.
  16. 1 2 "Drag queen: 'Ama Namin' performance meant to challenge notions of praise and worship". CNN Philippines . July 13, 2023. Archived from the original on August 3, 2023. Retrieved March 17, 2024.
  17. ↑ "Pura Luka Vega after persona non grata tag, charges: 'Dagdagan niyo pa! Pakialam ko'". Philippine Daily Inquirer . August 22, 2023. Archived from the original on August 26, 2023. Retrieved March 17, 2024.
  18. ↑ Cayabyab, Marc Jayson (July 16, 2023). "I'm just human, 'Jesus' drag queen tells senators". The Philippine Star . Archived from the original on July 16, 2023. Retrieved March 17, 2024.
  19. ↑ Perez, Annie; Datu, Dennis (August 17, 2023). "Pura Luka Vega persona non grata in Cebu, Dinagat, Occ. Mindoro". ABS-CBN . Archived from the original on August 17, 2023. Retrieved March 17, 2024.
  20. ↑ Perez, Annie (August 23, 2023). "Pura Luka Vega also declared persona non grata in Bohol, Mandaue". ABS-CBN . Archived from the original on August 23, 2023. Retrieved March 17, 2024.
  21. ↑ Ong, Ghio (August 10, 2023). "Manila city council declares drag artist persona non grata". The Philippine Star. Archived from the original on August 10, 2023. Retrieved March 17, 2024.
  22. ↑ "Philippines' drag artist Pura Luka Vega arrested for 'offending religion'". Aljazeera . October 6, 2023. Retrieved March 17, 2024.
  23. ↑ Thoreson, Ryan (October 5, 2023). "Philippine Drag Artist Arrested for 'Offending Religion'". Human Rights Watch . Archived from the original on October 7, 2023. Retrieved March 17, 2024.
  24. ↑ "Pura Luka Vega arrested again by Manila Police District". Rappler . February 29, 2024. Retrieved March 17, 2024.
  25. ↑ Valderrama, Evangeline (October 23, 2023). "Pura Luka Vega faces new criminal raps for offending religious feelings, cybercrime with social media posts". Philippine Daily Inquirer . Retrieved March 18, 2024.
  26. ↑ Lagrimas, Nicolle Anne (August 15, 2018). "Carlos Celdran again urges SC to declare unconstitutional crime of offending religion". GMA News. Retrieved October 7, 2023.
  27. ↑ Cervantes, Filane Mikee (October 21, 2019). "Solon seeks repeal of law vs. 'offending religious feelings'". Philippine News Agency. Retrieved October 7, 2023.
  28. ↑ Cabristante, Raffy (May 30, 2023). "Calls to revoke religious feelings offense renewed after case vs. priest". ABS-CBN News. Retrieved October 7, 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.