Professional Documents
Culture Documents
L-45459
1
G.R. No. L-45459
in relation to sec. 928, Adm. Code). Thursday and Friday of Holy appropriation, use or application of public money or property for
Week, Thanksgiving Day, Christmas Day, and Sundays and the use, benefit or support of a particular sect or church. In the
made legal holidays (sec. 29, Adm. Code) because of the present case, however, the issuance of the postage stamps in
secular idea that their observance is conclusive to beneficial question by the Director of Posts and the Secretary of Public
moral results. The law allows divorce but punishes polygamy Works and Communications was not inspired by any sectarian
and bigamy; and certain crimes against religious worship are denomination. The stamps were not issue and sold for the
considered crimes against the fundamental laws of the state benefit of the Roman Catholic Church. Nor were money derived
(see arts. 132 and 133, Revised Penal Code). from the sale of the stamps given to that church. On the
contrary, it appears from the latter of the Director of Posts of
June 5, 1936, incorporated on page 2 of the petitioner's
In the case at bar, it appears that the respondent Director of complaint, that the only purpose in issuing and selling the
Posts issued the postage stamps in question under the stamps was "to advertise the Philippines and attract more tourist
provisions of Act No. 4052 of the Philippine Legislature. This Act to this country." The officials concerned merely, took advantage
is as follows: of an event considered of international importance "to give
publicity to the Philippines and its people" (Letter of the
No. 4052. — AN ACT APPROPRIATING THE SUM Undersecretary of Public Works and Communications to the
OF SIXTY THOUSAND PESOS AND MAKING THE President of the Philippines, June 9, 1936; p. 3, petitioner's
SAME AVAILABLE OUT OF ANY FUNDS IN THE complaint). It is significant to note that the stamps as actually
INSULAR TREASURY NOT OTHERWISE designed and printed (Exhibit 2), instead of showing a Catholic
APPROPRIATED FOR THE COST OF PLATES AND Church chalice as originally planned, contains a map of the
PRINTING OF POSTAGE STAMPS WITH NEW Philippines and the location of the City of Manila, and an
DESIGNS, AND FOR OTHER PURPOSES. inscription as follows: "Seat XXXIII International Eucharistic
Congress, Feb. 3-7,1937." What is emphasized is not the
Eucharistic Congress itself but Manila, the capital of the
Be it enacted by the Senate and House of Philippines, as the seat of that congress. It is obvious that while
Representatives of the Philippines in Legislature the issuance and sale of the stamps in question may be said to
assembled and by the authority of the same: be inseparably linked with an event of a religious character, the
resulting propaganda, if any, received by the Roman Catholic
Church, was not the aim and purpose of the Government. We
SECTION 1. The sum of sixty thousand pesos is hereby
are of the opinion that the Government should not be
appropriated and made immediately available out of any funds in
embarassed in its activities simply because of incidental results,
the Insular Treasury not otherwise appropriated, for the costs of
more or less religious in character, if the purpose had in view is
plates and printing of postage stamps with new designs, and
one which could legitimately be undertaken by appropriate
other expenses incident thereto.
legislation. The main purpose should not be frustrated by its
subordinate to mere incidental results not contemplated. (Vide
SEC. 2. The Director of Posts, with the approval of the Secretary Bradfield vs. Roberts, 175 U. S., 295; 20 Sup. Ct. Rep., 121; 44
of Public Works and Communications, is hereby authorized to Law. ed., 168.)
dispose of the whole or any portion of the amount herein
appropriated in the manner indicated and as often as may be
We are much impressed with the vehement appeal of counsel
deemed advantageous to the Government.
for the petitioner to maintain inviolate the complete separation of
church and state and curb any attempt to infringe by indirection a
SEC. 3. This amount or any portion thereof not otherwise constitutional inhibition. Indeed, in the Philippines, once the
expended shall not revert to the Treasury. scene of religious intolerance and prescription, care should be
taken that at this stage of our political development nothing is
done by the Government or its officials that may lead to the
SEC. 4. This act shall take effect on its approval. belief that the Government is taking sides or favoring a particular
religious sect or institution. But, upon very serious reflection,
Approved, February 21, 1933. examination of Act No. 4052, and scrutiny of the attending
circumstances, we have come to the conclusion that there has
been no constitutional infraction in the case at bar, Act No. 4052
It will be seen that the Act appropriates the sum of sixty grants the Director of Posts, with the approval of the Secretary of
thousand pesos for the costs of plates and printing of postage Public Works and Communications, discretion to misuse postage
stamps with new designs and other expenses incident thereto, stamps with new designs "as often as may be deemed
and authorizes the Director of Posts, with the approval of the advantageous to the Government." Even if we were to assume
Secretary of Public Works and Communications, to dispose of that these officials made use of a poor judgment in issuing and
the amount appropriated in the manner indicated and "as often selling the postage stamps in question still, the case of the
as may be deemed advantageous to the Government". The petitioner would fail to take in weight. Between the exercise of a
printing and issuance of the postage stamps in question appears poor judgment and the unconstitutionality of the step taken, a
to have been approved by authority of the President of the gap exists which is yet to be filled to justify the court in setting
Philippines in a letter dated September 1, 1936, made part of the aside the official act assailed as coming within a constitutional
respondent's memorandum as Exhibit A. The respondent alleges inhibition.
that the Government of the Philippines would suffer losses if the
writ prayed for is granted. He estimates the revenue to be
derived from the sale of the postage stamps in question at The petition for a writ of prohibition is hereby denied, without
P1,618,17.10 and states that there still remain to be sold stamps pronouncement as to costs. So ordered.
worth P1,402,279.02.
Avanceña, C.J., Villa-Real, Abad Santos, Imperial, Diaz and
Act No. 4052 contemplates no religious purpose in view. What it Concepcion, JJ., concur.
gives the Director of Posts is the discretionary power to
determine when the issuance of special postage stamps would
be "advantageous to the Government." Of course, the phrase
"advantageous to the Government" does not authorize the
violation of the Constitution. It does not authorize the