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Offending Religious Feelings

ART. 133.

ELEMENTS:
1. Acts complained of were performed –
    a. in a place devoted to religious feelings, or
    b. during the celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful;
3. Offender is any person; and
4. There’s a deliberate intent to hurt the feelings of the faithful, directed against
   religious tenet.

NOTES:

If in a place devoted to religious purpose, there is no need for an ongoing
religious ceremony.

Example of religious ceremony (acts performed outside the church):Processions
and special prayers for burying dead persons but NOT prayer rallies.

Acts must be directed against religious practice or dogma or ritual for the
purpose of ridicule, as mocking or scoffing or attempting to damage an
object of religious veneration.

There must be deliberate intent to hurt the feelings of the faithful, mere arrogance
or rudeness is not enough.

CASES:

1. People v. Baes (1939)
    An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person:
      - ridicules or makes light of anything constituting a religious dogma
      - works or scoffs at anything devoted to religious ceremonies
      - plays with or damages or destroys any object or veneration by the faithful

    Whether Or Not an act is offensive to the religious feelings, is a question of
    fact which must be adjudged only according to the feelings of the Catholics and
    not those of other faithful ones.
        What happened in this case was that a Catholic priest complained against a group
        that passed by the churchyard as they were holding the funeral rites of a
        Church of Christ member.

    Laurel Dissent: The determination should NOT be made to depend upon more or less
    broad or narrow conception of any given religion. Facts and circumstances should be  
    viewed through an unbiased judicial criterion.
        This later became the majority decision in People v. Tengson.

2.People v. Nanoy
    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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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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