9 - People Vs Baes
9 - People Vs Baes
Baes
68 Phil. 203,
G.R. No. L-46000,
May 25, 1939
FACTS:
In Lumban Laguna, accused, Villaroca, Lacbay and Del Rosario was charged of offenses against religion for causing
the funeral of a member of the Church Christ to pass through the churchyard fronting the Roman Catholic Church
which churchyard belongs to the said Church, and is devoted to the religious
worship thereof. Baes, the parish priest of the Roman Catholic Church, opposed the
act however the accused, through force and threats of physical violence, compelled
him to allow the funeral to pass through the churchyard.
Issue:
Whether or not the alleged complain is a violation of Article 133 of the Revised Penal Code.
Ruling:
Yes, the facts alleged in the complaint constitute offenses punishable under Article 133 of RPC.
The court held that the act complained of is a question of fact which must be judged only
according to the feelings of the Catholics and not those of other faithful ones, for it is possible
that certain acts may offend the feelings of those who profess a certain religion, while not
otherwise offensive to the feelings of those professing another faith.
Offense to religious feelings should not be made to depend upon the more or less broad or
narrow conception of any given particular religion but should be gauged having in view the
nature of the acts committed and after scrutiny of all the facts and circumstances which
should be viewed through the mirror of an unbiased judicial criterion. Otherwise, the gravity of
leniency of the offense would hinge in the subjective characterization of the act from the point
of view of a given religious denomination or sect and in such a case, the application of the law
would be partial and arbitrary, withal, dangerous, especially in a country said to once the
scene of religious intolerance and prosecution.