AGLIPAY v.

RUIZ
G.R. No. L-45459
March 13, 1937
LAUREL, J
Prepared by: J. Mosquera

Facts: The petitioner, Mon. Gregorio Aglipay sought the issuance of writ of
prohibition to prevent the respondent, Juan Ruiz, Director of Post from selling postage
stamps commemorative of the 33rd International Eucharistic Congress. The respondent
advertised in the newspaper that the stamps with the design of a chalice with grape
vines and stalks of wheat as border will be sold. Petitioner prayed denouncement of
the sale of these stamps as it was violative of Sec. 23 Subsection 3 Article 6 of the
Constitution which provides, “No public money shall ever be appropriated, applied
or used directly or indirectly, for the use, benefit, support of any sect, church,
denomination, sectarian, institution or for the use, benefit, or support of any priest,
preacher, minister except if assignment to armed force, orphanage or leprosarium”.

Issue: WON sale of the stamps was violative of separation of church and state. (No).

Ruling: The Court denied the petition prayer for the prohibition of the sale of stamps. It
is not denied that religion plays a vital role in the our nation and it is embodied from the
preamble's “imploring the aid of Divine providence”, to the several provisions in the
Constitution guaranteeing separation of church and state: exemption from taxation of
properties devoted exclusively for religions purpose, sectarian aid is not prohibited
when a pries is assigned to the armed forces, optional religious instruction in public
schools, legal holidays of Holy Week, Thanksgiving day, Christmas day and Sundays,
law allowing divorce but punishes polygamy and bigamy, and acts against religious
worship considered as crimes. However, in the careful reading of the case, the Director
of Post issued the stamps in question based on Act No. 4052 which authorized him to
dispose of 60,000 pesos in the cost of plates and printing of postage stamps with new
design as “advantageous to the government”. The Act does not authorize the violation
of the Constitution in which public money will be used for the benefit of a particular
sect or church, rather, for promotion of the Philippines and for tourism and publicity. It
was not for the benefit of the Roman Catholic church or money derived from sales will
be given to the church. It merely took advantage of an international event and the new
design emphasized Manila as the seat of the Ecclesiastical congress and not the event
itself. The design showed map of Philippines and nothing about the church and no
religious purpose was intended.