GARCES VS ESTENZO Facts: Two resolutions of the Barangay Council of Valencia, Ormoc City were passed: a. Resolution No.

5- Reviving the traditional socio-religious celebrationevery fifth of April. This provided for the acquisition of the image of San Vicente Ferrer and the construction of a waiting shed. Funds for the said projects will be obtained through the selling of tickets and cash donations. b. Resolution No. 6- The chairman or hermano mayor of the fiesta would be the caretaker of the image of San Vicente Ferrer and that the image would remain in his residence for one year and until the election of his successor. The image would be made the available to the Catholic feast Church during day. the celebration of saints

These resolutions have been ratified by 272 voters, and said projectswere implemented. The image was temporarily placed in the altar of the Catholic Church of the barangay. However, after a mass, Father Sergio Marilao Osmea refused to return the image to the barangay council, as it was the churchs property since church funds were used in its acquisition.

Resolution No. 10 was passed for the authorization of hiring a lawyer for the replevin case against the priest for the recovery of the image. Resolution No. 12 appointed Brgy. Captain Veloso as a representative to the case. The priest, in his answer assailed the constitutionality of the said resolutions. The priest with Andres Garces, a member of the Aglipayan Church, contends that Sec. 8 Article IV1 and Sec 18(2) Article VIII) 2 of the constitution was violated.

Issue: Whether

or

Not

any

freedom

of

religion

clause

in the

Constitution violated.

Held: No. As said by the Court this case is a petty quarrel over the custody of the image. The image was purchased in connection with thecelebration of the barrio fiesta and not for the purpose of favoring any religion nor interfering with religious matters or beliefs of the barrio residents. Any activity intended to facilitate the worship of the patron saint(such as the acquisition) is not illegal. Practically, the image was placed in a laymans custody so that it could easily be made available to any family desiring to borrow the image in connection with prayers and novena. It was the councils funds that were used to buy the image, therefore it is their property. Right of the determination of custody is their right, and even if they decided to give it to the Church, there is no violation of the Constitution, since private funds were used. Not every government activity which involves the expenditure of public funds and which has some religious tint is violative of the constitutional provisions regarding separation of church and state, freedom of worship and banning the use of public money or property.