Art II sec 6.
The separation of Church and Stateshall be inviolable.
Art III sec 5.
No law shall be made respecting anestablishment of religion, or prohibiting the freeexercise thereof. The free exercise and enjoyment of religious profession and worship, withoutdiscrimination or preference, shall forever beallowed. No religious test shall be required for theexercise of civil or political rights.
Art VI sec 29(2).
No public money or property shallbe appropriated, applied, paid, or employed, directlyor indirectly, for the use, benefit, or support of anysect, church, denomination, sectarian institution, orsystem of religion, or of any priest, preacher,minister, other religious teacher, or dignitary assuch, except when such priest, preacher, minister,or dignitary is assigned to the armed forces, or toany penal institution, or government orphanage orleprosarium.
On May 1936, respondent announced in thenewspapers that he would order of postagestamps commemorating the 33
International Eucharistic 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 postagestamps violated the Constitutionalprovision on the principle of separation of church and state,specifically section 13, subsection 3,Art. VI which says:
“No publicmoney or property shall ever beappropriated, applied, or used,directly or indirectly, for the use, benefit, or support of any sect,church, denomination… orsystem 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.
The stamp as actually printedinstead of showing a CatholicChurch chalice as originallyplanned, contains a map of thePhilippines and the location of the City of Manila with theinscription “Seat XXXIII