University of the Philippines College of Law

Block F2022

Topic Crimes against the fundamental laws of the State; Offending religious feelings
Case No. G.R. No. L-46000 | May 25, 1939
People of the Philippines (appellee)
Case Name Vs.
Jose Baes (appellant)
Ponente J. Concepcion

RELEVANT FACTS
Jose Baes, the parish priest of the Roman Catholic Church of Lumban, Laguna, filed a complaint against the three
accused (Enrique Villaroca, Alejandro Lacbay and Bernardo del Rosario) for violation of Article 133 of the RPC,
offending religious feelings, in the Court of First Instance of Laguna. He states that the accused persons
(members of a religious sect called The Church of Christ), during funeral rites for a certain Antonio Macabigtas,
passed through the churchyard of the Roman Catholic Church, in grave disrespect to the place. Furthermore he
states that he was compelled by the accused to allow the passage through force and threats of physical violence.
The fiscal, instead of filing the information, filed a motion to dismiss stating that the passage of the body from
the Church of Christ sect does not constitute an offense against religion contemplated in Art. 133. He states that
it was not shown that the act done was intended to offend or dismiss the Catholic Church. The motion to dismiss
was granted.
Thus, Jose Baes filed an appeal.

ISSUE
W/N the complaint should be dismissed

RATIO DECIDENDI
Issue Ratio
W/N the complaint NO.
should be
dismissed Whether or of the act complained of is offensive to the religious feelings of the
Catholics, is a question of fact which must be judged only according to the feelings
of the Catholics and not those of other faithful ones, for it is possible that certain
acts may offend the feelings of those who profess a certain religion, while not
otherwise offensive to the feelings of those professing another faith. The facts
alleged do constitute the offense defined and penalized by Art. 133 of the RPC, and
thus the fiscal should comply with his duty and file the information.

RULING
 Petitions granted, fiscal compelled to file the proper information.

OPINIONS
MORAN, J., Concurs with the dispositive part. Believes that the lower court, through the provincial fiscal,
concurring is under a duty to determine if the churchyard is a place devoted to the religious worship of the
Catholic Church, and if the funeral held under the rites of another religion was made to pass
through the said churchyard.
 University of the Philippines College of Law
Block F2022

LAUREL, J., Criminal statutes should be strictly interpreted.

dissenting Disagrees with the liberality of interpretation given to the members of the offended religious
sect, stating that this would cause the gravity or leniency of the offense to be under the
subjective characterization of the religious sect. This would lead to biased, and arbitrary court
decisions.
IMPERIAL, J., Concurs in the opinion of J. Laurel.
dissenting