9/7/2019 Laws and Found: Aglipay v.

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Aglipay v. Ruiz Digest

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G.R. No. L-45459 March 13, 1937

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1. In May 1936, the Director of Posts announced in the dailies of Manila that he would order the owner and that includes even a law
issuance of postage stamps commemorating the celebration in the City of Manila of the 33rd student like me. Choosin...
International Eucharistic Congress, organized by the Roman Catholic Church.

2. The petitioner, Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, in
the fulfilment of what he considers to be a civic duty, requested Vicente Sotto, a member of the
Philippine Bar, to denounce the matter to the President. In spite of the protest of the petitioner’s
attorney, the Director of Posts publicly announced having sent to the United States the designs of
the postage for printing. The said stamps were actually issued and sold though the greater part
remained unsold.
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3. The further sale was sought to be prevented by the petitioner. He alleged that the provisions of
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Section 23, Subsection 3, Article VI, of the Constitution were violated in the issuance and selling of
the commemorative postage stamps. It was provided therein that, ‘No public money or property
shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of
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any sect, church, denomination, sectarian, institution, or system of religion, or for the use, benefit, or
support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed forces or to any penal
institution, orphanage, or leprosarium.’
1 0 8 6 3 7
Issue: Whether or not the issuance of stamps was in violation of the principle of separation 1
of church and state

NO.

1. Religious freedom, as a constitutional mandate, is not inhibition of profound reverence for religion
and is not denial of its influence in human affairs. Religion as a profession of faith to an active power
that binds and elevates man to his Creator is recognized. In so far as it instils into the minds the
purest principles of morality, its influence is deeply felt and highly appreciated.

2. When the Filipino people, in the preamble of the Constitution, implored "the aid of Divine
Providence, in order to establish a government that shall embody their ideals, conserve and develop
the patrimony of the nation, promote the general welfare, and secure to themselves and their
posterity the blessings of independence under a regime of justice, liberty and democracy," they
thereby manifested reliance upon Him who guides the destinies of men and nations. The elevating
influence of religion in human society is recognized here as elsewhere. In fact, certain general
concessions are indiscriminately accorded to religious sects and denominations.

3. There has been no constitutional infraction in this case. Act No. 4052 granted the Director of
Posts, with the approval of the Sec. of Public Works and Communications, discretion to issue
postage stamps with new designs. Even if we were to assume that these officials made use of a
poor judgment in issuing and selling the postage stamps in question, still, the case of the petitioner
would fail to take in weight. Between the exercise of a poor judgment and the unconstitutionality of
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9/7/2019 Laws and Found: Aglipay v. Ruiz Digest
the step taken, a gap exists which is yet to be filled to justify the court in setting aside the official act
assailed as coming within a constitutional inhibition. The court resolved to deny the petition for a writ
of prohibition.

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