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Saturday, March 2, 2019

Case Digest Aglipay vs Ruiz

Facts In May 1936, the music director of Posts denote in the dailies of Manila that he would order the issuance of revenue stamp stamps commemorate the celebration in the City of Manila of the 33rd International Eucharistic Congress, organized by the Roman Catholic Church. The beger, Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, in the fulfill workforcet of what he considers to be a civic duty, requested Vicente Sotto, Esq. member of the Philippine Bar, to denounce the matter to the President of the Philippines. In spite of the protest of the petitioners attorney, the Director of Posts publicly announce having sent to the United States the designs of the postage for printing. The said stamps were actually issued and change though the greater part t here(predicate)of remained unsold. The further sale of the stamps was sought to be prevented by the petitioner.Issue Whether the issuance of the postage stamps was in encroachment of the Constitution. Held Religious liberty as a constitutional mandate is not inhibition of unsounded reverence for religion and is not a denial of its influence in human affairs. Religion as a profession of faith to an energetic power that binds and elevates man to his Creator is recognized. And, in so far as it instills into the minds the purest principles of morality, its influence is deeply felt and highly appreciated.When the Filipino people, in the precede of their Constitution, implored the aid of Divine Providence, in order to establish a administration that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and inviolate to themselves and their posterity the blessings of independence under a regime of justice, liberty and democracy, they thereby manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations.The elevating influence of religion in human society is recogniz ed here as elsewhere. Act 4052 contemplates no religious occasion in view. What it open ups the Director of Posts is the discretionary power to determine when the issuance of special postage stamps would be advantageous to the Government. Of course, the phrase advantageous to the Government does not authorize the violation of the Constitution i. e. o appropriate, use or apply of public gold or property for the use, benefit or support of a finicky sect or church. In the case at bar, the issuance of the postage stamps was not inspired by any sectarian feeling to favor a particular church or religious denominations. The stamps were not issued and sold for the benefit of the Roman Catholic Church, nor were money derived from the sale of the stamps given to that church.The purpose of the issuing of the stamps was to take advantage of an event considered of international importance to give publicity to the Philippines and its people and attract more tourists to the country. Thus, in stead of showing a Catholic chalice, the stamp contained a map of the Philippines, the location of the City of Manila, and an dedication that reads Seat XXXIII International Eucharistic Congress, Feb. 3-7, 1937. The Supreme Court denied the petition for a writ of prohibition, without pronouncement as to costs.

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