Inside Philippine politics & beyond

Uh, oh – Who will be jailed next for “offending religious feelings”?

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By Raïssa Robles

Carlos Celdran has just been found “guilty beyond reasonable doubt for the Crime of Offending Religious Feelings.”

Carlos Celdran tells his friends "It was Worth it" - Photo by Nina Corpuz

Carlos Celdran tells his friends “It was Worth it” – Photo by Nina Corpuz

See below. My thanks @RedTani for sharing this.

But how do you offend religious feelings?

This crime is Article 133 under “Crimes against religious worship” in the Revised Penal Code. It states:

“Offending the religious feelings. – 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.”

From here, we can see, it’s not just a Holy Mass but “the celebration of any religious ceremony.” So if the Catholic Church chooses to have an outdoor religious ceremony-cum-rally against the reproductive health law, those who might hold counter-rallies in the vicinity could also “offend religious feelings.”

Those who would give out leaflets protesting the Church stand, would they “offend religious feelings” too?

Hmmmmm.

Please see my Exclusive Update:

Criminal law professor questions constitutionality of the crime of “offending religious feelings”

 

Comments

  1. Celdran committed an offense, okay, Peace Disturbunce, yes, and he got arrested and jailed overnight for that. But the question in hand is this Law of offending the religious feelings as stated in Article 133 in the Revised Penal Code, which is archaic in nature and no longer have a place under the sun in our present world…a Law imposed upon us by our Spanish colononial master, preserved and extended by the Catholic Church, and applied to those whom they think are enemies.

    Thatoffending the religious feelings is at the least is vague and too generalized. How do we reconcile that to the freedom of speech, freedom of assembly. freedom of protest, freedom of airing one’s grievances, that we are enjoying now?
    Hadn’t we are so naive and not too conservative….had we have collective undertakings, had we have concerted efforts, had we have a thousand Celdrans…Martial Law would not have materialized. And to prevent that dark days of our lives happens again, Celdrans in our society is very much necessary.

    Cheldran’s choice of venue is for effect…to be more dramatic, to get much attention as possible. It so happened that we have an ancient Law that could be whimsically enforced to less powerful individual in our domain.

    Let’s accept for the moment that the higher courts concurred with the trial court that convicted Celdran…where do we, the citizens, stand then…….so therefore it would mean that our movement is limited and restricted to the hilt, we tiptoe everytime…is it?

    Somehow, sometimes in our existence, we need to show our disgust…that we have a fight within us.

    If we accept this Law as is, we might as well then embrace Marcos’ Law.

  2. try doing that in a Muslim religious gathering and see where it will lead you — downunder the ground coz you’d be killed for sure, not jailed!

    thing is, we can all be different in views, but please do not disrespect. do not go overboard on how you express your opinions.

    The Church is only doing its job to uphold its beliefs. What is wrong with that? Philippines will soon become what has become of the US — Godless — so crimes are rampant.

    • While your argument SOUNDS REASONABLE, it is actually quite stupid.

      I will explain in another post.

      • I agree with you Joey. While we don’t want to follow what America is right now. We cannot impose our will on others. God has given us free will. But one just cannot say and do as he pleases, how he pleases, when he pleases and wherever he pleases. Otherwise we would be living in a chaotic society. Sad but that’s what Celdran chose to follow.

    • The Catholic Church meddle incessantly and vigorously to the State’s affair…they got what they asked for. If any religion…Islam, Protestant, INC, etc. do the same, then expect the same medicine employed.

      You are allowed to voice out your concern and I’m not.

    • @joey

      come on, it is not true, fanatics does kill but not the worshipper. kahit kaninong relihiyon, muslim, christians or jewish, yun mag sisigaw sa oras ng misa or sermon ay kabastusan, mabuti nga at pakulong lang sya, paano na lang kung may fanatic sa loob ng misa at may baril, baka patay na celdran.

      heto turo ng Islam, sura al baqara:
      62. Lo! Those who believe [in that which is revealed unto thee, Muhammad], and
      those who are Jews, and Christians, and Sabaeans – whoever believeth in Allah
      and the Last Day and doeth right – surely their reward is with their Lord, and
      there shall no fear come upon them neither shall they grieve.

      256. There is no compulsion in religion. The right direction is henceforth
      distinct from error. And he who rejecteth false deities and believeth in Allah
      hath grasped a firm handhold which will never break. Allah is Hearer, Knower.

      pag may misa, bawal mag ingay, kabastusan yun, pumunta sa plaza at duon mag rally, stupido sya kung sa oras ng misa sa mag rereklamo.

      Ikaw ba kakayanin mo magsalita ng laban sa pari sa oras ng misa???

    • First, you’ve just offended the Muslims for portraying them as brutal savages. Would you know let yourself be known so that the followers of Islam can sue you?

      But whether I agree or not with you on this matter is not the point. It’s the catholic church (or specifically, the CBCP) who is making a big deal out of this, and not the muslims. For all we know, Filipino muslims may be more civil than the CBCP.

      Second, being moral is part of human nature. You don’t need religion to teach you morals. The human race has survived hundreds of thousands of years before any religion was formed. And if there’s anyone who has started a religion, that also happens to be a human being and his concept of morality is just plainly his own and may even be wrong.

    • The presumption — that the US is “worse” than the Philippines and crimes are rampant in the US of A (and not in the Philippines) and because of godlessness is not just SHRIEKINGLY HILARIOUS, it’s STUPEFYINGLY HILARIOUS and seems to indicate a bumptious, parochial, uninformed and limited outlook

  3. Freedom of religion vs freedom of expression?
    Both are inviolable rights that we cherish. Both advocates for freedom of expression and freedom of religion have the responsiblity to be respectful of each other. One’s right has no supremacy over the other. One cannot demand the other to respect him, if he tramples upon the other’s right as well. There are guidelines/rules that we should abide by so that we can all live in a pluralistic, less divisive and productive society. Anyone’s manipulative tactics, intrusive antics, or grandstanding–be it the Catholic leaders or Celdran himself, are offensive and insulting to our intelligence and sensibilities. There are proper arenas, appopriate decorum and rules of engagement within which issues can be settled in a civilized and mature way. Both parties can agree to disagree. It would be best if both protagonists buckle down to work and help address devastating situations and more pressing issues in our country.

    • @maxi

      true, very uncivilized naman yun manggugulo sa oras ng misa.
      di man lang nya hinintay matapos ang misa bago sya magreklamo

    • @max1

      freedom of religion is in fact, dependent on freedom of expression. if freedom of expression is not guaranteed, you don’t have the freedom to express your religion’s teachings.

      and what is religion? religion is just a set of ideas and beliefs, and may not necessarily be to worship a supreme being plainly because anyone can invent a supreme being as his god and start a religion.

      anyone can start a religion based on worshiping the iphone for that matter.

      • You just had it…you have a relevant display of your freedom of expression.
        What someone expresses may be based on his freedom of religion. What I think I express. One is not more superior than the other. Either he worships iphone, or any spiritual Being, it is his inherest right to practice his faith so long as it is not murderous or hazardous to society. Bottomline – we’ll all do well and the world will be a better place if we respect one another…be he a pope or an atheist, no matter what creed he professes.

  6. gudmorningms.raissa, everyone;
    looking at it positively. referring the case to government authority is good indication that the church is respecting government. government in turn is doing its job of maintaining peace and order.
    now then, the law is made for everybody, so the punishment would be the same for anyone who breaks the law, it is not supposed to favor the ‘rich’. i do not think the law in question is archaic, although you might call it medieval.
    the lower courts are supposed to hand out justice equally, it would not be doing its job if what it deals out is what we might call whimsical.
    so, the case of mr. celdran should go all the way to the supreme court. heh, heh.
    but in the end, i say he should be pardoned if he promised to not do it again inside the church. heh, heh. afterall, it’s a first offense ever.
    or has he many offenses already? heh, heh. joke.

  7. Wish that Celdran will not only have 38,000 FB friends but also to beat the social media record of billion hits of Gangnam Psy making him more popular worlwide

    Nevertheless, it does not change the fact that currently, Celdran is a convicted felon until……

    He he he!

    • johnny lin,

      in the u.s., the term felon has a special meaning.. those crimes that merit one year or more jail terms are considered felonies and the accused prosecuted with crime which penalty is within that one year range or above are considered felons. art. 133 of the rpc, i think imposes the maximum of aresto mayor to minimum of of prision correcional… my computation is somewhere like 30 days and one day to 2 years and one day… inasmuch as the crime can be punished with imprisonment of 30 and one day but not necessarily 2 years, the accused cannot be considered a felon under u.s. laws.

      light infraction like the one where celdran was involved is considered only a misdemeanor. like traffic violation or sort.

      • over-stretching the point, Ms. Raissa. subukan nyong pumasok sa mosque, saka gawin ang ginawa ni Carlod Celdran sa mga imam ng Islam> tingin mo hindi yun offending religious feelings?
        kung mass rally sa luneta, Luneta yun eh. saka misa na may rally…kaya walang problema, kahit maghihiyaw pa kayo. at lalo na kung may rally rin kayo sa tabi ng lugar…

        • @arsenio

          isa ka pa, di lahat ng muslim ay fanatics, only fanatics does kill.

          sura al baqara (chapter the cow)

          256. There is no compulsion in religion. The right direction is henceforth
          distinct from error. And he who rejecteth false deities and believeth in Allah
          hath grasped a firm handhold which will never break. Allah is Hearer, Knower.

          If he does it, inside a masjid or mosque, at may fanatic duon,
          malamang mabugbug sya, pero para patayin, iyon ay bawal sa Islam, lalo na
          magkaduguan at mag away.

          pero sa tutuo lang kahit na di mosque, kahit sa ibang bahay dasalan, sa iglesia ni kristo,
          sa born again or sa ang dating daan, pag nambastos ang sino man sa oras ng
          sermon or pagdarasal, malamang magulpi sya dahil stupido,
          walang sino man na may pag galang sa Diyos na bastusin ang relihiyon ng iba, dahil
          ayaw rin nya na babastusin sya sa panalangin.

      • Jcc

        Told you I’m not a lawyer.

        Alan said Celdran was convicted from a medieval law.

        In Medieval Latin an evil person is called

        Voila– a Felon!!!

        He he he

        • @Johnny Lin

          Double standard????? Bias?????? Most of the time me make our decisions based on biases, but in the case of Beltran’s, IMHO, the decision was based on personal bias and not necessarily on the law. Archaic law at that.

      • In the Philippines, all crimes punished under the Revised Penal Code are called Felony.

        So it is safe to say that a person who commits Felony (crimes defined under Revised Penal Code) is a Felon. :)

        • oh, yes, i forgot.. in the country crimes are denominated as light felony, less grave felony and grave felonies..

          as differentiated from misdemeanors and felonies in the U.S.

          Grave felonies, less grave felonies and light felonies. — Grave felonies are
          those to which the law attaches the capital punishment or penalties which in any of
          their periods are afflictive, in accordance with Art. 25 of this Code.

          Less grave felonies are those which the law punishes with penalties which in their
          maximum period are correctional, in accordance with the above-mentioned Art..
          Light felonies are those infractions of law for the commission of which a penalty of
          arrest menor or a fine not exceeding 200 pesos or both; is provided.

  8. My two centavos on this:

    I agree with Carlos Celdran’s message, but not his method of expressing it. Although I am inclined to forgive him for that due to the passion in which he was saying his message. While I sympathize with his situation right now, it would appear that he did break the law. Whether or not the law is unjust is irrelevant to this, unfortunately, as this is not the forum for questioning said law. This could be used as a precendent to amend the law, though.

    That said, the RCC could show that it is indeed following its tenets by accepting the penance and confession of Carlos Celdran as proper punishment for his misdeeds. They are after all, followers of an Omnibenevolent god. And showing themselves to be the bigger person in this situation will help salvage some of their credibility as a moral guidepost to the people, and will show their flock that they haven’t completely forgotten what they are supposed to be.

    • mayroon bang dapat patawarin, eh ni hindi naman apologetic,lalong hindi nagsisisi si Celdran sa kanyang ginawa? in fact, nagmamalaki pa nga siya sa kanyang aksyon… pero on second thought, agree pa rin ako sa iyong second paragraph. Kahit hindi nagtitika ang maysala, dapat pa ring magpatawad ng RCC.

      • @arsenio:
        Actually he apologized for his ACTIONS, and is merely unapologetic for his MESSAGE. So your primary premise is false, unfortunately.

    • actually, the court of public opinion is PRECISELY the forum for questioning laws. If citizens are quiet , uncomplaining and leave everything to those in power (and their lawyers and judges) in ANY government, what do you think would happen? I’m all in favor of noisy, vigorous discussions and protests within a democracy – that after all is the whole point of living in a democracy. Those kinds of interactions are a lot better than sudden riots, bloody revolutions and bomb attacks.

      Also, this case is far from over and I’m not sure it’s open and shut. I am fascinatedly watching where it goes

      • @Alan:

        Touche’. After reading your response and careful consideration I agree with you. I guess I was thinking the “forum” i spoke of in my comment above is the case of Carlos Celdran. But you’re right, we can use his case to highlight the inapplicability of said law. I guess I was hedging more than a bit, toe-ing the line between diplomacy and outright confrontation of the RCC. :) I have been told that I have been quite vehement in my reactions to the RCC, so I am endeavoring to keep an open mind with regards to the RCC as an institution.

        I guess my point is, let’s try to fight cleanly with regards to religion and it’s apparent power over government and laws. Let’s not stoop to their level. :) Let’s give them every chance they can have. At the risk of sounding naive, there may be a chance true rationality and secular humanism will be revealed to be the best course.

        But then again, they have been revealed to be impervious to logic and rationality before. :) So let’s not hold our breath, but let’s not lose hope either.

      • Dear Alan,

        i am a muslim and but disagree with celdran on timing, he can say everything he wants against RCC but not during the mass he he he ikaw kaya ang nagdarasal sa oras na yun at bigla sisigaw sa likod mo DAMASO KAYO he he he

        every reklamo has a place but not in the house of worship, kahit na ba satanista may house of worship din, dun sya magsisigaw sigurado lagablab sya, di sya makapaghintay…or was his act dictated by some politician? no one knows, or perhaps his sanity is like mrp?

        • I already said, I don’t oppose his being punished, I oppose the punishment — imprisonment. Loss of freedom.

      • @ Alan,

        PAANO NAMAN YONG PAKIKIALAM NANG SIMBAHAN SA ESTADO??? OK LANG BA ANG PAKIKIALAM NILA GAYONG BAWAL ITO AYON SA “SEPARATION OF CHURCH AND STATES”???

        • Dapat nga di sila nakikialam kc di naman sila nag babayad buwis. Mahal mag pakasal sa katoliko, mahal mag pabinyag, mahal din kapag namatay ka, mahal din kung mag papamisa ka, lahat ng kalakaran sa simbahan katoliko mahal pero tax free. Paaralan nila mahal ang tuition fee, hospital nila mahal din ang bayad gaya dito sa motherseton hospital ng naga city…no money no entry.