Garces vs.

Estenzo
Nature: This case is about the constitutionality of four resolutions of the barangay council of Valencia, Ormoc City,
regarding the acquisition of the wooden image of San Vicente Ferrer to be used in the celebration of his annual feast
day.
Facts:
On March 2, !"#$, the said barangay council ado%ted &esolution 'o. (, )re*i*ing the traditional socio+
religious celebration) e*ery ,%ril ( of the feast day of Se-or San Vicente Ferrer. .t designated the members of
nine committees who would ta/e charge of the !"#$ festi*ity. lt %ro*ided for 0!1 the acquisition of the image of
San Vicente Ferrer and 021 the construction of a waiting shed as the barangay2s %ro3ects. Funds for the two
%ro3ects would be obtained through the selling of tic/ets and cash donations ).
On March 2$, !"#$, the barangay council %assed &esolution 'o. $ which s%eci4ed that Councilman Tomas
Cabatingan, hermano mayor of the 4esta, would be the careta/er of the image of San Vicente Ferrer and the
image would remain in his residence for one year and until the election of his successor as chairman of the
ne5t feast day. .t was further %ro*ided that the image would be made a*ailable to the Catholic %arish church
during the celebration.
These resolutions ha*e been rati4ed by 2#2 *oters, and said %ro3ects were im%lemented. The image was
tem%orarily %laced in the altar of the Catholic Church of the barangay. 6owe*er, after a mass, Father Sergio
Marilao Osme-a refused to return the image to the barangay council, as it was the church7s %ro%erty since
church funds were used in its acquisition.
Funds were raised by means of solicitations and cash donations of the barangay residents.
On ,%ril !!, !"#$, during a mass, Father Osme-a allegedly uttered defamatory remar/s against the barangay
ca%tain, Manuel C. Veloso, in connection with the dis%uted image. That incident %ro*o/ed Veloso to 4le against
Father Osme-a in the city court of Ormoc City a charge for gra*e oral defamation.
Father Osme-a retaliated by 4ling administrati*e com%laints against Veloso with the city mayor2s o8ce and
the 9e%artment of :ocal ;o*ernment and Community 9e*elo%ment on the grounds of immorality, gra*e abuse
of authority, acts unbecoming a %ublic o8cial and ignorance of the law.
On May !2, !"#$, the council enacted &esolution 'o. !<, authori=ing the hiring of a lawyer to 4le a re%le*in
case against Father Osme-a for the reco*ery of the image.
On >une !?, !"#$, the barangay council %assed &esolution 'o. !2, a%%ointing Veloso as its re%resentati*e in
the re%le*in case.
The re%le*in case was 4led in the city court of Ormoc City against Father Osme-a and @isho% Ci%riano Argel. ,fter the
barangay council had %osted a cash bond of eight hundred %esos, Father Osme-a turned o*er the image to the
council. ln his answer to the com%laint for re%le*in, The %riest and ,ndres ;arces assailed the constitutionality of the
said resolutions.
Issue: BO' the four resolutions %ro*iding for %urchase of Saint7s image with %ri*ate funds constitutional.
Held: CDS it is constitutional.
Reasoning:
The barrio council, now barangay council, is com%osed of the barangay ca%tain and si5 councilmen 0Sec. #,
&e*ised @arrio Charter, &.,. 'o. ("<1. Section of Eresidential 9ecree 'o. $F?, which too/ eGect on ,%ril !(,
!"#(, %ro*ides that )the barangay youth chairman shall be e5+o8cio member of the barangay council), ha*ing
the same %owers and functions as a barangay councilman.
&esolution 'o. ( does not directly or indirectly establish any religion, nor abridge religious liberty, nor
a%%ro%riate money for the bene4t of any sect, %riest or clergyman. The image was %urchased with %ri*ate
funds, not with ta5 money. The construction of the waiting shed is entirely a secular matter. The wooden image
was %urchased in honoring the %atron saint, and not for the %ur%ose of fa*oring any religion nor interfering
with religious beliefs of the barrio residents. One of the highlights of the 4esta was the mass. Consequently,
the image of the %atron saint had to be %laced in the church when the mass was celebrated. .f there is nothing
unconstitutional or illegal in holding a 4esta and ha*ing a %atron saint for the barrio, then any acti*ity intended
to facilitate the worshi% of the %atron saint 0such as the acquisition and dis%lay of his image1 cannot be
branded as illegal. ,s noted in the resolution, the barrio 4esta is a socio+religious aGair. .ts celebration is an
ingrained tradition in rural communities. The 4esta relie*es the monotony and drudgery of the li*es of the
masses.
&esolution 'o.$ in connection with &esolution 'o. ( does not in*ol*e at all, e*en remotely or indirectly, the
momentous issues of se%aration of church and state, freedom of religion and the use of %ublic money to fa*or
any sect or church. There can be no question that the image in question belongs to the barangay council.
Father Osme-a2s claim that it belongs to the church is wrong. The barangay council, as owner of the image,
has the right to determine who should ha*e custody thereof. The barangay council designated a layman as the
custodian of the wooden image in order to forestall any sus%icion that it is fa*oring the Catholic church. , more
%ractical reason for that arrangement would be that the image, if %laced in a layman2s custody, could easily be
made a*ailable to any family desiring to borrow the image in connection with %rayers and no*enas. .f the
council chooses to change its mind and decides to gi*e the image to the Catholic church, that action would not
*iolate the Constitution because the image was acquired with %ri*ate funds and is its %ri*ate %ro%erty.
The barangay council by enacting &esolution 'o. !< has the right to ta/e measures to reco*er %ossession of
the image of San Vicente Ferrer, which is its %ri*ate %ro%erty, from the %arish %riest of Valen=uela
'ot e*ery go*ernmental acti*ity which in*ol*es the e5%enditure of %ublic funds and which has some religious
tint is *iolati*e of the constitutional %ro*isions regarding se%aration of church and state, freedom of worshi%
and banning the use of %ublic money or %ro%erty. 0Sec ,gli%ay *s. &ui=, $? Ehil. 2<!1