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:

• 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.^[5]

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

Cases

• 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.^[7]
• 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.^{[7] [8]}
• 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.^[9]
• 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.^{[10] [11] [12]}
• 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)^{[13] [14]}
• 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^[15] and again as the Black Nazarene while lip-syncing to a Taylor Swift song.^[16] They were condemned by several personalities and Christian religious organizations^[15] and declared persona non grata by several local government units. Luka was arrested on October 4, 2023^{[17] [18]} and again on February 29, 2024^[19] on several counts of violation of Article 133^[20] ("acts notoriously offensive to the feelings of the faithful")^[21] 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

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

• Separation of church and state
• Freedom of religion in the Philippines
• Offending religious feelings (Poland) – similar provision in Poland

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.