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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.[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".

Provision

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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:

  • The act should be committed in a place of worship or during a religious ceremony
  • "notoriously offensive to the faithful"

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

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Carlos Celdran was convicted for "offending religious feelings" in 2019.
  • Pre-World War II – A case involving a non-Catholic man buried with Catholic rites in a Catholic cemetery. The decision was authored by Justice Jose P. Laurel.[8]
  • Mandoriao (1953) – Mandoriao was convicted in a lower court for climbing up a stage in a religious rally organized by the Iglesia ni Cristo to engage with a debate with a minister. The man's conviction was overturned through an appeal, with the judge ruling that a religious rally held in a public plaza is not a religious ceremony.[8][9]
  • Anthony James and Nerissa Walker (2008) – British missionary Anthony James Walker and his Filipino wife were charged for "offending religious feelings" and disrupting a religious service over a commotion at a Christian service organized by the Bread of Life Ministries in Quezon City. Walker expressed his disagreement regarding doctrine with the presiding pastor.[10]
  • Carlos Celdran (2010) – for holding a sign with the text "Damaso", in reference to the antagonist priest of the same name in nationalist writer Jose Rizal's novel Noli Me Tangere at the Manila Cathedral during an ecumenical service in 2010. The stunt was in protest of the Catholic Church's alleged interference on the passage of the Reproductive Health Bill (now Responsible Parenthood Act of 2012). He was convicted in 2019.[11][12][13]
  • Winston Cabading (2022) – for statements allegedly against the Mary, Mediatrix of All Grace, a Marian apparition in Lipa, Batangas. Cabading is a Catholic priest and an exorcist who has insisted on the Vatican's stance that the apparition is non-miraculous. The case was filed by Mediatrix devotee Harriet Demetriou for his statements suggesting that the apparition is demonic in a conference and online show. (See Mediatrix of All Grace offending religious feelings case)[14][15]
  • Pura Luka Vega (2023) – for performing in drag dressed as Jesus Christ to the tune of a Tagalog rock remix version of the Lord's Prayer[16] and again as the Black Nazarene while lip-syncing to a Taylor Swift song.[17] They[a] were condemned by several personalities and Christian religious organizations[16] and declared persona non grata by several local government units.[b] Luka was arrested on October 4, 2023[22][23] and again on February 29, 2024[24] on several counts of violation of Article 133[5] ("acts notoriously offensive to the feelings of the faithful")[25] and also of obscenity and immoral doctrines in violation of Article 201 of the Revised Penal Code in relation to the Cybercrime Prevention Act of 2012 filed against them by several sectarian groups.

Attempts to repeal

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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

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Notes

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

References

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  1. ^ a b c "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. ^ a b 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. ^ a b c 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. ^ a b "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.
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