RVISED PENAL CODE article-133-Book-two.pptx

RVISED PENAL CODE article-133-Book-two.pptx

1. RPC BOOK 2 Article 133 Prepared by: SANTOS, RACHEAL B.

2. Art. 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum period to prision correccional in its minimum period" shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful.

3. "In a place devoted to religious worship." It would seem that in the phrase " in a place devoted to religious worship ," it is not necessary that there is a religious ceremony going on when the offender performs acts notoriously offensive to the feelings of the faithful. The phrase "during the celebration" is separated by the word "or" from the phrase " place devoted to religious worship ," which indicates that the "religious ceremony" need not be celebrated in a place of worship.

4. Elements : It is a crime committed by any person It can be committed by a public person and also by a private person 2. That the acts complained of were performed: (1) in a place devoted to religious worship, or if committed in a religious place there is no need for religious ceremony. ex . Vandalism inside the church. (2) during the celebration of any religious ceremony. religious ceremonies are covered are those religious acts performed outside of a church, such as procession and special prayers for burying persons. ex. When the application of the Church of Christ was to hold the meeting at a public place and the permit expressly stated that the purpose was to hold a religious rally, what was held on that occasion was not a religious ceremony , even if a minister was then preaching ("that Jesus Christ was not God but only a man"). The rally was attended by persons who are not members of the sect.

5. 3. That the acts must be notoriously offensive to the feelings of the faithful . The acts is directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration. ( Viada ; People vs. Baes, 68 Phil. 203 ). There must be a deliberate intent to hurt the faithful, mere arrogance and rudeness is not enough. This may be oral or written statements or actions. Offense of feelings is judge from the feelings point of view. Examples: Throwing stone at the minister of the Iglesia ni Cristo who was preaching or spreading his beliefs before a crowd notoriously offended the religious feelings of the minister and of the members of the Iglesia ni Cristo who witnessed the incident. (People vs. Migallos , CA-G R No. 13619-R, Aug. 5, 1955 ) 2. Remarks that those who believed that Christ is God are anti-Christ, that all the members of the Roman Catholic Church are marked by the demon, and that the Pope is the Commander of Satan are notoriously offensive to the feelings of the faithful . (People vs. Mandorio , supra )

6. Not offensive to religious feelings. ex. While the congregation of the Assembly of God was having its afternoon services in its chapel, accused who was allegedly drunk entered with uplifted hands and attempted to grab the song leader who ran away from him. The other members of the sect also ran out of the church and the religious services were discontinued, even as one member held the accused and led him outside the church. Offense to feelings is judged from complainant's point of view Whether or not the act complained of is offensive to the religious feelings of the catholic, is a question of fact which must be judged according to the feelings of the Catholics and not those other faithful ones, for it is possible that certain acts may offend the feelings of those who profess in the certain religion, while not otherwise offensive to the feelings of those professing another faith The crime is only UNJUST VEXATION when the act is NOT directed to the religious belief itself and there is no intention of causing so serious a disturbance as to interrupt a religious ceremony.

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