Offending religious feelings (Philippines) explained

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

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]

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.[5]

Another similar provision in the same penal code is Article 201 which penalizes performances which offends "any race or religion"[6]

Cases

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] [7]

Carlos Celdran attempted to get the offending religious feelings provision ruled as unconstitutional in his own legal case.[22]

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.[23]

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.[24]

See also

Notes and References

  1. News: Lawmakers seek repeal of 'archaic' ban on offending religious feelings . https://web.archive.org/web/20191022192406/https://cnnphilippines.com/news/2019/10/21/offending-religious-feelings-repeal.html . dead . October 22, 2019 . 29 May 2023 . CNN Philippines . 21 October 2019 . en.
  2. News: Abasola . Leonel . Philippine senator wants end to blasphemy punishments. 29 May 2023 . UCA News . Union of Catholic Asian News . 7 August 2019 . en.
  3. News: Visconti . Katherine . Law used vs Celdran 'outdated, obsolete' . 7 October 2023 . Rappler . 28 January 2013.
  4. News: Yes, there are religious crimes . 7 October 2023 . The Philippine Star . 29 January 2023.
  5. News: Ycasiano . Jose Angelo . Penal code provisions: Is Pura Luka Vega's drag performance a crime? . 7 October 2023 . Interaksyon . 14 July 2023.
  6. News: Bolledo . Jairo . Is it time to repeal the law that put drag artist Pura Luka Vega behind bars? . 22 October 2023 . Rappler . 9 October 2023.
  7. News: Robles . Raissa . Criminal law professor questions constitutionality of the crime of "offending religious feelings" . 7 October 2023 . ABS-CBN News . 29 January 2023.
  8. GR. L-34854. Pamil vs. Teleron, et.al. 2024-03-18. The Lawphil Project. 1978-11-20.
  9. News: Padua . Reinir . British missionary nabbed for disrupting worship service . 7 October 2023 . The Philippine Star . 6 May 2008.
  10. News: Torres . Jose Jr. . Jail for Filipino activist who offended religious feelings . 29 May 2023 . UCA News . Union of Catholic Asian News . 8 August 2018 . en.
  11. News: Torres-Tupas . Tetch . CA affirms Celdran's conviction in 'Damaso' act . 29 May 2023 . Philippine Daily Inquirer . 7 January 2015 . en.
  12. News: Patag . Kristine Joy . SC affirms guilty verdict of Carlos Celdran . 29 May 2023 . The Philippine Star . 7 August 2018.
  13. News: Why an exorcist priest was arrested for 'offending religious feelings' . 29 May 2023 . Rappler . 24 May 2023.
  14. News: Macairan . Evelyn . Priest: No basis for charge of offending religious feelings . 29 May 2023 . The Philippine Star.
  15. News: Drag queen: 'Ama Namin' performance meant to challenge notions of praise and worship . 17 March 2024 . 13 July 2023 . . en . 3 August 2023 . https://web.archive.org/web/20230803231419/http://www.cnnphilippines.com/news/2023/7/13/pura-luka-vega-ama-namin-performance.html . dead .
  16. News: Pura Luka Vega after persona non grata tag, charges: 'Dagdagan niyo pa! Pakialam ko' . en . 22 August 2023 . . 17 March 2024 . 26 August 2023 . https://web.archive.org/web/20230826134945/https://entertainment.inquirer.net/515202/pura-luka-vega-repeats-performance-amid-lawsuit-persona-non-grata-tag . live.
  17. News: Philippines' drag artist Pura Luka Vega arrested for 'offending religion' . 6 October 2023 . . 17 March 2024.
  18. Web site: Thoreson . Ryan . 5 October 2023 . Philippine Drag Artist Arrested for 'Offending Religion' . 17 March 2024 . . en . 7 October 2023 . https://web.archive.org/web/20231007021153/https://www.hrw.org/news/2023/10/05/philippine-drag-artist-arrested-offending-religion . live .
  19. News: Pura Luka Vega arrested again by Manila Police District . 29 February 2024 . . 17 March 2024.
  20. Offending the Religious Feelings . Act . 3815 . 133 . 1930-12-08 . 2024-03-18 . Official Gazette of the Philippines.
  21. News: Pura Luka Vega faces new criminal raps for offending religious feelings, cybercrime with social media posts . Valderrama, Evangeline . . October 23, 2023 . March 18, 2024.
  22. News: Lagrimas . Nicolle Anne . Carlos Celdran again urges SC to declare unconstitutional crime of offending religion . 7 October 2023 . GMA News . 15 August 2018 . en.
  23. News: Cervantes . Filane Mikee . Solon seeks repeal of law vs. 'offending religious feelings' . 7 October 2023 . Philippine News Agency . 21 October 2019.
  24. News: Cabristante . Raffy . Calls to revoke religious feelings offense renewed after case vs. priest . 7 October 2023 . ABS-CBN News . 30 May 2023.