INTRODUCTION

For quite a long time, mankind has looked to comprehend and clarify the "significance of

life." Many philosophers accept this examination and the craving to comprehend our place

known to mankind are what separate mankind from different species. Religion, in some

structure, has been found in every single human culture since human social orders previously

showed up. Archeological burrows have uncovered ceremonial items, stylized internment

locales, and different religious relics. Social clash and even wars frequently result from religious

debates. To comprehend a culture, sociologists must always include religion.

Dr. Jose Rizal said in his book Noli Me Tangere, religion has a major impact in the

perspective of people. But on the same book, he stated that the influence of religion would be

weaker because of education. He wrote, “Man has at last comprehended that he is man; he has

given up analyzing his God and searching into the imperceptible, into what he has not seen; he

has given up framing laws for the phantasms of his brain; he comprehends that his heritage is the

vast world, dominion over which is within his reach; weary of his useless and presumptuous toil,

he lowers his head and examines what surrounds him.”1

Religious influence therefore is undeniably powerful. In fact, all the Constitutions of the

Philippines from Malolos Constitution to 1987 Constitution, contains provisions stating that the

“State recognizes the freedom and equality of religions.” And as stated by Suarez“The

Constitution is the supreme law of the land: A Constitution is a legislation direct from the people

acting in their sovereign capacity, hence, it is more superior to an ordinary law or statue which is

merely a legislation from the people’s representatives subject to limitations prescribed by the

Constitution. No man-made law, therefore, can prevail as against the Constitution”.2

1
Rizal, José, 1861-1896. Noli Me Tangere.
2
Suarez, Rolando, 2017. Introduction to Law.

1
 But religion is not an absolute power, it is violated time and time again, and such

violations evolve too. In the Philippines, there are only two punishable crimes that covers assault

on religion. Both laws are found under Title 2 Section 4 of the Revised Penal Code. The first one

is Article 132 which is the Interruption of Religious Worship. This is imposed to any public

officer or employee who shall prevent or disturb the ceremonies or manifestations of any

religion. The penalty for this is prisión correccional in its minimum period. However, if the said

interruption during a religious worship was committed with violence or threats, the penalty

imposed shall be higher which is prisión correccional in its medium and maximum periods. 3 The

second crime under this title is article 133 which penalizes the acts that offends religious feeling

and said crime is only punishable when it is done in a place devoted to religious ceremony or

during celebration of any religious ceremony. These mentioned laws were enacted in 1930, and

since then, only few cases were filed for its violation. And the apparent reason is that the Revised

Penal Code is very limited as to its application and parameters. It is not able to keep up with the

progress of time since many forms of offending religious feelings were devised. There is

offending of religious feeling in the street, in the internet, in social media, and other places.

The violation of said offense is confined only within the walls of the place of worship of

religions. Offense on religious feeling outside that place go unpunished even if the forms done

were far worse. Groups of people who burn crucifix, who dresses like Jesus, tamper the Quran,

tear the bible, and other forms of disrespect were seen merely as an expression and not really an

offense.

This study therefore will show that our protection on Religious Freedom is not

commensurate to the violations it has been receiving. And that our laws are way behind our time

3
Act 3815, Revised Penal Code

2
that it is really not enough anymore. Compared to other jurisdictions, which also has most if their

population belonging to certain religions like the Philippines, they have more laws and policies

that certainly aim to protect and uphold religious freedom, whether it is their state religion or not.

Afghanistan for example, in their criminal code, punishes "crimes against religions," which

include verbal and physical assaults on a follower of any religion. It specifies a person who

attacks a follower of any religion shall receive a prison sentence of not less than three months but

no more than a year, and a fine of between 3,000 and 12,000 afghanis ($44 to $177).4

STATEMENT OF THE PROBLEM

This study aims to determine whether the existing law and jurisprudence sufficiently dealt with

the criminal aspect of the assault on religious freedom. In particular, this study seeks answer to

the following inquiry:

1. How are assaults on religious freedom under the law and jurisprudence across

different jurisdiction viewed?

2. Why is there a need to protect the freedom of religion in the Philippines?

3. Why are there acts treated as criminal offense of assaults on religious freedom under

different jurisdiction?

4. Does the Philippine law sufficiently cover all acts treated as criminal offense of

assaults on religious freedom in other jurisdiction?

5. Why mens rea should be established for acts considered as criminal offense of

assaults on religious freedom?

OBJECTIVE OF THE STUDY

4
Retrieved from https://www.refworld.org/docid/59b7d8f4a.html?fbclid=IwAR0lby_cATaIre-
u69WqCcSGuHTAx7xjFEgQkXYHLG0UYRH3lFBYlNRZfDw Accessed November 21, 2019.

3
 In general, the present study aims to determine the sufficiency of the prevailing law on

the criminal aspect of the assaults on religious freedom. Specifically, the study endeavors to meet

the following objectives:

1. To determine how the law and jurisprudence across jurisdiction treat assaults on religious

freedom?

2. To ascertain the acts treated as criminal offense of assaults on religious freedom in

another jurisdiction.

3. To establish exactly whether the Philippine law sufficiently covers the criminal aspect of

the assaults on religious freedom based on existing law and jurisprudence across different

jurisdiction.

4. To determine the means rea of acts considered as criminal offense of assault on religious

freedom.

SIGNIFICANCE OF THE STUDY

STATE

Understanding the concept of Freedom of Religion, its underlying principles, and

significance will give the state a bigger picture and precise comprehension of the subject matter.

4
This paper will show the insufficiency of the law in protecting and addressing assault on

religions.

INDIVIDUALS

This paper will focus on establishing the new scope of offense and assault on religions.

And upon which, punish the acts committed by persons violating such. In addition, it will serve

as protection to people belonging to a religion and the religion itself from possible offense which

comes in different forms.

This paper also aims to uphold the Constitutionally protected freedom of religion from

acts not punished under our jurisdiction because of old and limited in scope laws which was

never amended nor updated.

SCOPE AND LIMITATIONS

The scope of the paper is limited to secondary literature and resource persons with

knowledge about the topic of assault on religious freedom. And it primarily focuses on the laws

and jurisprudence in the Philippine jurisdiction.

This study is conducted to determine the status of the protection give to freedom of

religion in our country as dictated by law, code, jurisprudence and other documents regarding the

topic.

DEFINITION OF TERMS

5
 Actus reus is defined as an action or conduct that is a constituent element of a crime, as

opposed to the mental state of the accused.

Mens rea refers to is defined as "a guilty mind, a guilty or wrongful purpose or criminal

intent."5 Or the mental element of a person's intention to commit a crime; or knowledge that

one's action or lack of action would cause a crime to be committed.

Religious Freedom refers to the free exercise and enjoyment of religious profession and

worship, without discrimination or preference, shall forever be allowed.6

LITERATURE REVIEW

5
Black's Law Dictionary, 5th ed., p. 889.
6
Art. 3 Sec. 5 1987 Constitution

6
FREEDOM OF RELIGION IN THE PHILIPPPINES

The Philippine laws recognize religion as one of the most fundamental institution. The

protection given to it is considered a preferred status in the hierarchy of human rights - "the most

inalienable and sacred of all human rights," in the words of Jefferson. 7 And that Religion as a

social institution is deeply rooted in every culture; it predates laws and survives civilizations. In

the Philippines, the 1935, 1973, and 1987 Constitutions were crafted in full acknowledgment of

the contributions of religion to the country through the enactment of various benevolent

provisions.8 Among plethora of cases decided by the Supreme Court, the latter elucidated how

important religion is in connection with the daily life of Filipinos.

The Philippines is home for rich and diverse culture, where many persons come from

different cultural and religious background. The said diversity has its own positive and negative

feedback from society. Before the coming of Spaniards, Filipinos are practitioners of animism, or

the attribution of a soul to plants, inanimate objects, and natural phenomena. 9 This belief

changed at the point when the Spanish assumed control over the Philippines, they carried their

long convention of Catholicism with them. It was a piece of the Spanish victory to change over

every one of the locals to Christ through their Catholic tradition. Today therefore, the Catholic

church still stays a ground-breaking power in the Philippines. Filipinos still celebrate and take an

interest in numerous Catholic occasions and traditions. Basically, wherever you go you will see

enormous Catholic houses of prayer. In numerous homes, you'll see photos of the virgin Mary or

the last dinner, and numerous individuals bear rosaries with them. On open transportation are put

7
Estrada v. Escritor, 455 Phil. 411
8
Spouses Imbong v. Ochoa, Jr., supra note 3 7, at 167.
9
Oxford Dictionary

7
publications of Jesus and Mary and strict colloquialisms. Due to the Spanish victory, there is a

solid Christian tradition among the Filipino individuals.

Since then, religions in the Philippines have greatly contributed in nation building and

civic affairs. And the framers of the Constitution deemed it necessary and right to accord ardent

protection to religions in the Philippines. No other than the Constitution states that, No law shall

be made respecting an establishment of religion or prohibiting the free exercise thereof. The free

exercise and enjoyment of religious profession and worship, without discrimination or

preference, shall forever be allowed.10 According to Murray, religious freedom has been an

integral part of the Catholic experience internationally; the institution is considered to have made

a contribution to the vitality of the Church. Being in a certain religion means exercising its rights

and duties as a member and protecting these so-called rights against the abuse, discrimination

and dissolution.11

A declaration on religious freedom in the Philippines might be understood to signify the

will of the members of the Church to constitute a "state within a state," and to withdraw from

solidarity with the existent national community. The result might possibly be governmental

legislation against free exercise of religion, as well as severe restrictions on catholic and

missionary activity. Another example when there is a conflict between the State and the right to

religious freedom is when there is an opposition on Christian grounds to governmental policies.

It is an accepted phenomenon in different countries in which government pretends to do no more

than administer the affairs of society; however, it is considered a legitimate exercise of religious

freedom. In line with this, the case may be different in those countries in which government is

undertaking the task of constructing the social order and promoting laws that may be in contrast
10
The Philippine Constitution Article III, Section 5.
11
Murray, J. (1965). The Problem of Religious Freedom

8
with the beliefs and practices one’s religion, in the name of an ideology of which government is

the representative. In these circumstances, opposition, based on an appeal to religious freedom,

might be considered disloyalty to the state. Some laws of the State promoting the needs of the

society may be against the views and teachings of a certain religion. This is where the mens rea

and actus reus of others, even by the State, can affect or offend one’s religious freedom.

Furthermore, internal personal freedom is extended to include the religious freedom of

the family—the right of parents to care for the religious upbringing of their children and to

provide religious teachers for them. Some may affirm that internal personal freedom includes the

right to public worship; others, however, deny this right, for the reason that a public act of

worship is already an act of public propaganda.12

In the case of Estrada vs Escritor, where Escritor is a court employee and a case was filed

against her by a certain Alejandro Estrada claiming that she ought to be expelled from

administration on the ground of unethical behavior since she is living with a wedded man-

Luciano Quilapio Jr. During the arrangement of examinations, it was discovered that Escritor

and Quilapio had been living respectively for pretty much 20 years before the case commenced.

Their respective husband and wife have additionally left them and are presently living with their

very own partners. Escritor conjured freedom of religion as her primary protection. As an

individual from the strict organization of Jehova's Witnesses, she and Luciano executed a

Declaration Pledging Faithfulness after which the seniors of the gathering presently enabled

them to live respectively as a couple until they got the best possible legitimate cure after which

they would now be able to wed. Since their association is superbly worthy among the individuals

from the Jehova's Witnesses, Escritor accepts that she can't be viewed as carrying on with an

12
Murray, J. (1965). The Problem of Religious Freedom

9
indecent life. The researching judge in truth expelled the agreeable yet the Court Administrator

turned around and prescribed that Escritor be suspended for a half year. The Supreme Court

decided in favor of Escritor saying “As stated by Justice O’Connor in her concurring opinion in

Smith, "[t]here is nothing talismanic about neutral laws of general applicability or general

criminal prohibitions, for laws neutral towards religion can coerce a person to violate his

religious conscience or intrude upon his religious duties just as effectively as laws aimed at

religion.”13 Accordingly, we find that in this specific case and under these particular conditions,

respondent Escritor's marital course of action can't be punished as she has put forth out a defense

for exception from the law dependent on her key right to opportunity of religion.14

The state is bound not only on the natural law but also on the positive divine law whereby

the Church was established. Therefore, the state has the duty, per se and in principle, to

recognize by constitutional law that the Church is a perfect society sui iuris and that it is the only

religious society which has a right iure divino to public existence and action. Since Catholicism

is, by divine law, the one true religion, it ought to be, by constitutional law, the one religion of

the state. Hence, 'it follows that no other religion may have, per se and in principle, a legal right

to public existence and action within society. A religion that has no right to exist iure divino, can

have no right to exist iure humano. Therefore, per se and in principle, all false religions ought to

be "exterminated," that is, put beyond the bounds of public life and social action.15

In the recent case of Carlos Celdran, where he was charged with violating Art. 133 of the

Revised Penal Code (offending religious feeling) after he disrupted a service at the Manila

Cathedral on Sept 30, 2010. Clad as the Filipino national hero Jose Rizal, the outspoken

13
494 U.S. 872 (1990). (O’Connor, J. concurring)
14
Estrada v. Escritor, 455 Phil. 411 (2003).
15
Murray, J. (1965). The Problem of Religious Freedom

10
reproductive health advocate held up a sign with the words “Damaso,” in reference to the

villainous priest in Rizal’s famous novel "Noli Me Tangere." 16 And on 2018, the Supreme Court

rendered a decision finding him guilty beyond reasonable doubt and was sentenced for

imprisonment of two months and twenty-one days at minimum, and one year, one month, and

eleven days as maximum.

The Supreme Court also stated that "one cannot understand, much less intelligently criticize the

approaches of the courts and the political branches to religious freedom in the recent past in the

United States without a deep appreciation of the roots of these controversies in the ancient and

medieval world and in the American experience." The high court even dug deeper on what really

is religion, from the primitive stage when it started out as the state itself, when the authority and

power of the state were ascribed to God. Then, religion developed on its own and became

superior to the state, its subordinate, and even becoming an engine of state policy. “The State

power is no more to be used so as to handicap religions than it is to favor them."17

Ideally, the governing body would perceive the religions and their practices and would

think about them, when reasonable, in instituting laws of general application. In any case, when

the lawmaking body neglects to do as such, religions that are undermined and troubled may go to

the courts for security.18 Protection was sanctioned unequivocally to secure the privileges of

those whose strict practice are not shared by the greater part and might be met with threatening

approach.19

FREEDOM OF RELIGION AND POLITICAL CONSCIOUSNESS

16
https://www.rappler.com/nation/208973-sc-decision-carlos-celdran-offending-religious-feelings-case
17
Everson v. Board of Education, 330 U.S. 1, 18 (1947).
18
Carter, S., The Resurrection of Religious Freedom
19
Employment Division v. Smith, 494 U.S. 872, 906

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 The complexity of religious freedom is considered as something concrete and historical.

Its development begins with a scrutiny of the "signs of the times." There are two factors that may

affect such. The first factor is the growth of man's personal consciousness; the second is the

growth of man's political consciousness. 20

According to John XXIII, the aspirations of the minds of men, also give clear witness to

the fact that in this era, men are becoming more and more conscious of their dignity. For this

reason, they feel the impulse and need to participate in the processes of government and also to

demand that their own inviolable rights be guaranteed by the order of public law. What is more,

they likewise demand that the civil powers should be established in accord with the norms of a

public Constitution and that they should fulfil their functions within limits defined by it. 21

Moreover, the dignity of the human person requires that a man should act on his own

judgment and with freedom. Wherefore in community life there is good reason why it should be

chiefly on his own deliberate initiative that a man should exercise his rights, fulfill his duties, and

cooperate with others in the endless variety of necessary social tasks. What matters is that a man

should make his own decisions and act on his own judgment, out of a sense of duty. He is not to

act as one compelled by external coercion or instigation. In view of all this, it is clear that a

society of men which is maintained solely by force must be considered inhuman. The reason is

that in such a society, men would be denied their freedom, whereas, on the contrary, they ought

to be inspired, by all suitable means, to find for themselves the motive for progress in life and for

the quest of perfection. 22

20
Murray, J. (1965). The Problem of Religious Freedom
21
Pacem in terris, AAS 55 (1963) 279
22
Pacem in terris, AAS 55 (1963) 279

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 Man's sense of personal freedom is allied with a demand for political and social freedom,

that is, freedom from social or legal restraint and constraint, except in so far as these are

necessary, and freedom for responsible personal decision and action in society. Freedom, not

force, is the dynamism of personal and social progress.

The common consciousness of men today considers the demand for personal, social, and

political freedom to be an exigency that rises from the depths of the human person. It is the

expression of a sense of right approved by reason. It is therefore a demand of natural law in the

present moment of history. This demand for freedom is made especially in regard to the goods of

the human spirit—the search for truth, the free expression and dissemination of opinion, the

cultivation of the arts and sciences, free access to information about public events, adequate

opportunities for the development of personal talents and for progress in knowledge and culture.
23
In a particular way, freedom is felt to be man's right in the order of his most profound concern,

which is the order of religion. 24

The mission of the Church, therefore, must include the vindication of the "dignity of

man." 25 The goal of Pius XII's pontificate, which he recommended as a goal for all men of good

will, was "to give back to the human person the dignity with which he was endowed by God
26
from the beginning." To this end, a new social order had to be constructed, based on this

principle: "The purpose of all social life remains always the same, always sacred and obligatory,

namely, the development of the personal values of man as the image of God." 27 Proceeding from

these premises, Pius XII made his first contribution to the development of doctrine in the matter

23
Ibid., p. 260.
24
Ibid.
25
Radiomessage, Dec. 24, 1944; AAS 37 (1945) 1112.
26
Radiomessage, Dec. 24, 1942; AAS 35 (1943) 19.
27
Ibid., p. 14

13
of religious freedom. It consisted in his development of the concept of government as

constitutional, that is, limited in its powers.

The state is only one order of action within society; it is an agent of society for certain

limited purposes. Society and state are not built on a generic conception of the common good,

but on a concrete conception of the human person in the present historical moment, marked by

the rise of the personal and political consciousness. The basic notion in Pius XII's sociopolitical

philosophy is thus stated: "Man as such is by no means to be considered the object of social life

or a sort of inert element in it; on the contrary, he is the subject, the foundation, and the end of

social life." 28The Pope revalidates the fundamental insight that gave rise to the constitutional

tradition, the "free man, bound by duties, endowed with inviolable rights, who is the origin and

end of human society." 29

The foregoing analysis presents the answer which the contemporary consciousness,

personal and political, gives to the first conceptual question, what is religious freedom.

Moreover, the foregoing understanding of religious freedom is substantially in accord with the

understanding contained in the pertinent declarations of the World Council of Churches. 30

RELIGION AND BELIEF

For Kierkegaard Christian faith is not a matter of regurgitating church dogma. It is a

matter of individual subjective passion, which cannot be mediated by the clergy or by human

artefacts. Faith is the most important task to be achieved by a human being, because only on the

28
Radiomessage, Dec. 24, 1944; AAS 37 (1945) 13–16.
29
Ibid., p. 15.
30
A. F. Carrillo de Albornoz, The Basis of Religious Liberty (New York, 1963) esp. pp. 16–26, 155–
62.

14
basis of faith does an individual have a chance to become a true self. This self is the life-work

which God judges for eternity.

Religion is an essential arrangement of convictions and practices commonly settled upon

by a gathering of individuals. These arrangements of convictions concern the reason, nature, and

motivation behind the universe, and include reverential and ceremonial observances. They

additionally frequently contain an ethical code overseeing the direct of human issues.

As far back as the world started, man has shown a characteristic tendency towards

confidence and love of anything he thought about predominant/hard to get it. His religion

comprised of attempting to assuage and get favors from the preeminent being he dreaded. This

brought about performing ceremonies (some of them uncouth) and keeping customs or laws to

procure goodness and additionally everlasting life.

The Philippine laws has not given any preference to a particular, religion whereas it stood

to protect all religions. But religion is hard to identify or define because there is really no

universal definition of it. The concept of religion is so fluid and that it changes overtime.

Therefore it is much more difficult to enunciate what is religion in the eyes of the law, but a

contemporary author, named Emile Durkheim stated that the meaning of religion is unified

system of beliefs and practices relative to sacred things, that is to say, things set apart and

forbidden - beliefs and practices which unite into one single moral community called a Church,

all those who adhere to them.31

Religion in the Philippines is marked by a majority of people being adherents of

Christianity, at least 92% of the population is Christian; about 81% belong to the Catholic
31
E Durkheim, The Elementary Forms of Religious Life, 1915, trans. J W Swain, Free Press, New York, 1975

15
Church while about 11% belong to Protestantism, Orthodoxy, Restorationist and Independent

Catholicism and other denominations such as Iglesia Filipina Independiente, Iglesia ni Cristo,

Seventh-day Adventist Church, United Church of Christ in the Philippines, Members Church of

God International (MCGI) and Evangelicals. Officially, the Philippines is a secular nation, with

the Constitution guaranteeing separation of church and state, and requiring the government to

respect all religious beliefs equally.32

Today, religion has transcended mere rubric and has permeated into every sphere of

human undertaking. As a result, religious freedom, to a limited extent, has come under the

regulatory power of the State.33Back in the Spanish period, only the State religion is being

protected by the laws enacted in that era. This changed upon the change of sovereignty and the

enactment of the fourteenth paragraph of section 5 of the Philippine Bill caused the complete

separation of church and state, and the abolition of all special privileges and all restrictions

theretofore conferred or imposed upon any particular religious sect.

A very important provision from 1896 Spanish Constitution can still be invoked and

stayed relevant through the years, it is the delineation of what religion is protected by the State.

The case of US vs Balcorta states that The twenty-first article of the Spanish constitution of 1869

provided for a state religion, but also guaranteed the privilege of freely practicing, both in public

and private, the forms and ceremonies of other sects, subject only to the restrictions imposed by

general law and morality. It clearly shows that not all groups or organizations can be considered

religion and afforded the protection of Religious Freedom enshrined in our Constitution.

RELIGION IN DAILY LIFE/RELIGIOUS EXPRESSION

32
Philippines in Figures : 2014 Archived 2014-07-28 at the Wayback Machine, Philippine Statistics Authority.
33
G.R. No. 217453

16
 We cannot separate the exercise of religion in one’s daily life. It is expressed most often

than not, in almost everything a man does. A person, who’s attending the mass is practicing his

religion, an expression of his worship and belief in God. And so is a person who does not eat

dinuguan, which, by reason of their religion, is taboo, Iglesia ni Cristo and Jehovah's Witnesses

prohibit eating or drinking any blood.34

A Catholic who gives alms, and do charitable things can also be said as practicing his/her

religion because for them they are asked to focus more intently on "almsgiving," which means

donating money or goods to the poor and performing other acts of charity. As one of the three

pillars of Lenten practice, almsgiving is "a witness to fraternal charity" and “a work of justice

pleasing to God." (Catechism of the Catholic Church, no. 2462). Observance of religious days

and ceremonies are also included in the expression of religion in daily life.

For Muslims, the day of Eidul Fitr and Eidul Adha is to be celebrated. 35 For Catholics,

they have myriads of special days, such as feast day of Saints, All Saints day, Holy Week, and

Christmas.

Many religions also have their own days of recreation and merry-making, which cannot

be said to be separated from their faith or worship. For example, in Catholics, there are sportsfest

and other gatherings such as Christmas parties that is rooted from their faith, and is done by

reason of the latter.

A religious teacher teaching catechism and doctrine is also practicing his religion

everytime he teaches. A Catholic priest teaching Catholic doctrines, an Imam, Pastor, or any

34
Bible verses considered relevant to blood transfusions include Acts 15:20, 15:29, and 21:25.
35
https://publicholidays.ph/

17
religious leaders preaching, and even choir masters of a certain religion can be said to be

expressing his/her religion. A writer, for instance, writing religious articles, explanations of

dogma, or doctrine is also “worshipping” and practicing their religion.

In different religions, work days are also affected by its member’s beliefs. There are

religions who prohibits one to work on Saturdays 36. The way to bury the dead also varies. Rites

on marriage also differs between Muslims, Christians, Catholics and other religions.

Article 6 of Declaration on the Elimination of All Forms of Intolerance and

Discrimination Based on Religion or Belief of the United Nations also enumerates acts and key

elements of how practice of religion may be set. It includes worship, establishing and

maintaining appropriate charitable institutions, make articles and materials for rites, write

relevant publications, teach religion in suitable places, solicit and receive voluntary financial

contributions, train their leaders, observe days with the precept of one’s religion and maintain

and establish communications in national and international level.

The fact that is that in all aspects of life, religion can be expressed. Thus, violations can

be also done in each of religious expressions. In the Philippines.

ASSAULTS AGAINST FREEDOM OF RELIGION

Only a handful of crimes or assault on religion have ever been recorded. One is

committed by Buenaventura Balcorta in 1913, and that of Carlos Celdran in 2010. And both are

punished under the RPC, particularly the crime of offending religious feeling, under Art. 233 of

the Penal Code for Balcorta and Art. 133 of the Revised Penal Code for Celdran.

36
When Does Sabbath Begin? on the Adventist website. Archived 24 July 2011 at the Wayback Machine

18
 As reported by the Commission on Human Rights, from 2013 it has not received any

complaints regarding abuses and violations of freedom of religion, except the complaint filed by

the National Commission on Muslim Filipinos before the CHR against certain school prohibiting

Muslim women from wearing headscarves. Which the CHR advised that “Muslim women and

girls cannot be prevented by government or private institutions wearing headscarves (hijabs) or

face veils (niqabs) as it is part of their freedom from expression and freedom of religion which

does not run counter to the national or private institutional needs of security and identification. A

balanced in practice can be found, indeed, must be found and implemented in order to protect the

fundamental freedoms of culture and religion that enrich Philippine society and life”.

In the daily exercise of our so-called freedom of religion, assaults came in into different

acts. The above-mentioned cases are only those which are documented, more assault have been

committed by people against religion.

In the US, there was this man who were assaulted by a woman, a fellow passenger in the

train solely because he was preaching the Gospel.37 In 2016, a report on International Religious

Freedom – Afghanistan by refworld stated that Sikhs, Hindus, Christians, and other non-Muslim

minorities stated they continued to face harassment and occasional violence. Hindus and Sikhs

said they were still able to practice their religions publicly, although Sikhs reported instances in

which they were told they did not belong in the country. Christians continued to report hostile

public opinion towards Christian proselytizing and said they continued to worship privately to

37
Crane, E. 2019. “Preacher, 79, needed 30 stitches after woman was caught on camera striking him in the head
with her stiletto on a New York subway”

19
avoid societal discrimination and persecution. Women of several different religions reported

local Muslim religious leaders initiated confrontations with them over their attire.38

In 2019 alone, more or less ten crimes against religion was recorded in the United States

Department of Justice, and the assaults committed were directed towards different religions,

including Jewish, Eugene Church, Islam, Catholics and other Christian denominations. 39 The acts

consisted setting fire on Churches, threatening members of the church, shootings at the church,

and even conspiring to bomb a church. Most of which is, as defined by the US Department of

Justice, is classified as hate crimes towards religion.

In the Philippines, several actions can be seen as violations to freedom of religion or to

religion itself. The president himself has uttered words against Catholics that can be categorized

as blasphemous. He explicitly said that God is stupid, which for a fact offended the members of

Catholic Church. But he was not meted out any penalty simply because there is no law broad

enough to punish that said statement. He even threatened to kill Bishops simply because the

latter are criticizing him for going contrary to morals and public policy, an aspects bishops and

other members of the clergy should protect.

In recent rallies and demonstrations, there were people who were dressed up like Jesus

Christ and holding placards with written words that are offensive for Christians. They portray

important church figures such as bishops who were doing acts contrary to the teachings of the

Church. There were also reports of people who tampered, stepped upon, and burn the Bible,

38
United States Department of State, 2016 Report on International Religious Freedom -
Afghanistan, 15 August 2017, available at:
https://www.refworld.org/docid/59b7d8f4a.html [accessed 17 November 2019]
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https://www.justice.gov/crt/combating-religious-discrimination-and-protecting-religious-freedom-12?
fbclid=IwAR0iRxLpvIykdIo_H9te2Ji3oXpJLZpRqhkp_SEoGIXxsNK5T6LzTMPULEg

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Quran, and other religious articles. There were also acts committed in social media that can be

seen as an assault to religion and the feelings of its members. There are many images, articles,

and even videos circulating online which are blasphemous, and run contrary to teachings of

various religions. People without regard for the latter, indiscriminately share those matters, and

most often than not, cloths such utterances as freedom of speech.

These people went unpunished because of the insufficiency of criminal laws protecting Religion.

The provision stated in the Constitution about freedom of religion is not self-executing therefore

needing the help of legislation in order for it to be effective.

CRIMES IN VIOLATION OF RELIGIOUS FREEDOM IN THE PHILIPPINES

The above discussions are the violations against religious freedom which are not

punishable in our Jurisdiction, this portion will state what are the acts that are punishable in our

jurisdiction.

There are only two crimes concerning offense committed against religion that are

embodied in our Revised Penal Code. The first one is in Article 132 of the Revised Penal Code,

the Interruption of Religious Worship. The law states, the penalty of prision correccional in its

minimum period shall be imposed upon any public officer or employee who shall prevent or

disturb the ceremonies or manifestations of any religion. If the crime shall have been committed

with violence or threats, the penalty shall be prision correccional in its medium and maximum

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periods. The following are the elements of the said crime. First, that the offender is a public

officer, or employee. Second, that religious ceremonies or manifestations of any religion are

about to take place or are going on. And Lastly, that the offender prevents or disturbs the same. It

can be qualified by violence or threats.

The second crime is under article 133 of the same code, the offending religious feeling. It

states that 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. The elements of the crime are, first, That the acts complained of were

performed either in a place devoted to religious worship or During the celebration of any

religious ceremony. And lastly, That the acts must be notoriously offensive to the feelings of the

faithful.

Clearly, the laws abovementioned is very limited. It does not afford sufficient protection

for the institutions that are helping the government in terms of morality and good conduct. The

free exercise of religion that is embodied in the Constitution is, in reality, are mere words

without adequate protection through legislation.

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 RESEARCH AND DESIGN METHODOLOGY

Research Design

The research shall use the descriptive qualitative research design in order to gather information

necessary to answer the problems of the study. In using this approach, the author shall review the

concepts of Freedom of Religion, Mens rea and Actus reus of religion. This aims to address the

impact of freedom of religion in the society.

Sources of Data

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The research will use both the primary and secondary data. For primary sources, the study will

utilize The1987 Constitution, The Bible and penal laws in the Philippines and jurisdictions from

other countries. For secondary sources, the research will refer to books and journals that tackle

freedom of religion, news articles, dissertations, thesis, research papers, various internet sources

and other helpful sources. The research will also conduct in-depth interviews of people who are

experts in the topic.

BIBLIOGRAPHY

1. Almores vs Achacoso, G.R. No. 217453 (2017)

2. A. F. Carrillo de Albornoz, The Basis of Religious Liberty (New York, 1963) esp. pp.

16–26, 155–62.

3. Bible verses considered relevant to blood transfusions include Acts 15:20, 15:29, and

21:25

4. Black's Law Dictionary, 5th ed., p. 889, s.v. “mens rea”

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5. C a r t e r, S . , T h e R e s u r r e c t i o n o f R e l i g i o u s F r e e d o m ( 1 9 9 3 )

https:// digitalcommons.law.yale.edu/fss_papers/2261/ (accessed October 29, 2019)

6. Crane, E. 2019. “Preacher, 79, needed 30 stitches after woman was caught on camera

striking him in the head with her stiletto on a New York subway”.

https://www.dailymail.co.uk/news/ article-7640709/Preacher-struck-head-womans-

stiletto-subway-attack.html (accessed November 2, 2019)

7. Deployment Div vs Smith, 494 U.S. 872 (1990). (O’Connor, J. concurring)

8. Durkheim, E. The Elementary Forms of Religious Life, 1915, trans. J W Swain, Free

Press, New York, 1975

9. Employment Division v. Smith, 494 U.S. 872, 906

10. Estrada v. Escritor, 455 Phil. 411

11. Everson v. Board of Education, 330 U.S. 1, 18 (1947)

12. Lopez, E. SC sends Carlos Celdran to jail for offending 'religious feelings’. https://

www.rappler.com/nation/208973-sc-decision-carlos-celdran-offending-religious-

feelingscase (accessed November 10, 2019)

13. Murray, J. (1965). The Problem of Religious Freedom. Woodstock Theological Library.

Retrieved from https://www.library.georgetown.edu/woodstock/murray/1964e last

February 25, 2020

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14. Oxford Dictionary, (Oxford: Oxford University Press, 2019), s.v. “animism”. Retrieved

from https://www.oxfordlearnersdictionaries.com/us/definition/english/animism?

q=animism (accessed November 18, 2019)

15. Pacem in terris, AAS 55 (1963) 279.

16. Philippines in Figures : 2014 Archived 2014-07-28 at the Wayback Machine, Philippine

Statistics Authority. https://psa.gov.ph/content/philippines-figures-0 (accessed November

10, 2019)

17. Radiomessage, Dec. 24, 1944; AAS 37 (1945) 13–16.

18. Radiomessage, Dec. 24, 1944; AAS 37 (1945) 1112.

19. Radiomessage, Dec. 24, 1942; AAS 35 (1943) 19.

20. Retrieved from https://www.dictionary.com/browse/religion last November 13, 2019.

21. Retrieved from https://publicholidays.ph/ (accessed November 3, 2019)

22. Retrieved from https://www.justice.gov/crt/combating-religious-discrimination-

andprotecting-religious-freedom-12?

fbclid=IwAR0iRxLpvIykdIo_H9te2Ji3oXpJLZpRqhkp_SEoGIXxsNK5T6LzTMPULEg

(accessed November 15, 2019).

23. Revised Penal Code, Act 3815 (1930)

24. Spouses Imbong v. Ochoa, Jr., supra note 3 7, at 167.

26
25. The 1987 Philippine Constitution Article III, Section 5.

26. United States Department of State, 2016 Report on International Religious Freedom -

Afghanistan, 15 August 2017, available at: https://www.refworld.org/docid/

59b7d8f4a.html (accessed 17 November 2019)

27. When Does Sabbath Begin? on the Adventist website. Archived 24 July 2011 at the

Wayback Machine. https://en.wikipedia.org/wiki/Seventh-day_Adventist_Church

(accessed November 1, 2019)

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