consti part 9: the church & the state
Art II sec 6.
The separation of Church and State shallbe inviolable.
Art III sec 5.
No law shall be made respecting anestablishment of religion, or prohibiting the free exercisethereof. The free exercise and enjoyment of religiousprofession and worship, without discrimination orpreference, shall forever be allowed. No religious testshall be required for the exercise of civil or politicalrights.
Art VI sec 29(2).
No public money or property shall beappropriated, applied, paid, or employed, directly orindirectly, for the use, benefit, or support of any sect,church, denomination, sectarian institution, or systemof religion, or of any priest, preacher, minister, otherreligious teacher, or dignitary as such, except when suchpriest, preacher, minister, or dignitary is assigned to thearmed forces, or to any penal institution, or governmentorphanage or leprosarium.
On May 1936, respondent announced in thenewspapers that he would order of postagestamps commemorating the 33
InternationalEucharistic Congress under
Act No. 4052
Petitioner, Mons. Gregorio Aglipay, SupremeHead of the Phil. Independent Church(Aglipayan), seeks a writ of prohibition toprevent respondent Director of Posts fromissuing and selling postage stampscommemorative of the said Congress.
Petitioner alleges that respondent inissuing and selling the postage stampsviolated the Constitutional provision onthe principle of separation of churchand state, specifically section 13,subsection 3, Art. VI which says:
“Nopublic money or property shall ever be appropriated, applied, or used,directly or indirectly, for the use, benefit, or support of any sect,church, denomination… or system of religion…”
WON respondent violated the Constitution inissuing and selling the postage stamps.
No constitutional infraction.
History of Separation of Church and State:
“… our history, not to speak of the history of mankind, has taught us that the union of church and state is prejudicial to both, foroccasions might arise when the state will use thechurch, and the church the state, as a weaponin the furtherance of their respective ends andaims.”
This principle was recognized in the MalolosConstitution, inserted in the Treaty of Paris, inthe instructions of McKinley to the Phil.Commission… and finally embodied in theConstitution as the supreme expression of theFilipino people.
Filipino’s enjoy both civil and religious freedom
guaranteed in the Consti
What is guaranteed by our Constitutionis religious liberty, not merely religioustoleration.
Religious Freedom as a constitutional mandateis not inhibition of profound reverence forreligion and is not a denial of its influence inhuman affairs.
Imploring “the aid of
,in order to establish a gov’t that shallembody their ideals…” in the preambleof the Constitution.
General Concessions indiscriminately accordedto religious sects:
Tax exemptions properties devotedexclusively to religious purposes
Sectarian aid is not prohibited when apriest, preacher, etc. is assigned to thearmed forces, penal institution,orphanage or leprosarium.
Optional religious instruction in publicschools is allowed by constitutionalmandate, etc.
Act No. 4052
, from which draws authority toissue and sell the stamps contemplates noreligious purpose, but gives the Director of thePosts the discretionary power to determine whenthe issuance of special postage stamps would be“advantageous to the Government.”
The present case was not inspired by anysectarian feeling to favor a particular religiousdenomination.
The stamps were not issued for thebenefit of the Roman Catholic Church,nor were money derived from the sale of the stamps given to the church.
Purpose of the stamps was “to advertisethe Philippines and attract more touriststo the country”
officials tookadvantage of an internationallyimportant event to give publicity to thePhilippines and its people.
consti 2 all stars1