CASE DIGEST

G.R. 8722
The United States vs. Buenaventura Balcorta

FACTS:
The accused entered a private house, uninvited, where services of the Methodist
Episcopal Church were being conducted between ten and twenty persons, and threatened the
group with a club, interrupting or the disturbing the divine service. The Court of First Instance of
Nueva Ecija sentenced the defendant/appellant, to three years six months and twenty-one days
of prision correccional, and a fine of 625 pesetas, together with other accessory penalties
provided by law.
ISSUE:
Whether the sentence of the Court of First Instance of Nueva Ecija of prision
correccional against the accused was sustaining?
HELD:
The Court of Appeals ordered the reversal of the decision of the Court of First Instance
of Nueva Ecija and sentenced the accused to ten days imprisonment (arresto menor) and a fine
of 20 pesetas with subsidiary imprisonment in case of insolvency not to exceed one-third of the
principal penalty, and to the payment of the costs of the cause. The decision based on the
succeeding reasons:
The Spanish Constitution provided for a state religion but also guaranteed the privilege
of freely practicing, both in private and public. However, only those followers of the state religion
are allowed to practice in public. It is under this constitution the Penal Code of Philippines of
1884 was promulgated, it provided consequences against the violation or crime against the
state religion specifically disturbing, by means of violence, threats, etc., their ceremonies when
conducted in cemeteries or other places were such ceremonies may be lawfully authorized. (Art.
225.)
The change of sovereignty and the enactment of the fourteenth paragraph of section 5 of
the Philippine Bill caused the complete separation of church and state, and the abolition of all
special privileges and all restrictions theretofore conferred or imposed upon any particular
religious sect, looking equally to all religious sects. The articles of the Penal Code referring
equally to all religious sects are of two, article 223 and 571.
This article recognizes the freedom of religion and worship of all mankind however
violations against this incur subsequent penalties. But like any other constitutions no penalty
was attached in this article. It says that "the penalty . . . shall be imposed upon any person who .
. . shall force some other person to perform an act of worship . . ."
The offense defined and punished by article 571, paragraph 1, of the Penal Code falls
under the classification of "Misdemeanors against the public order." Due to the fact that all the
articles in section 3, chapter 2, of book 2 of the code, with the exception of article 223 have

become inoperative, all offenses against religious cults which do not amount to an attempt to
control the conscience of persons must now fall within the provisions of this article.
The offense falls within the provisions of article 223 and 571. However records failed to
establish the intent of the accused in committing the act, it was not proven that religious hatred
prompted the accused to act as he did. He simply threatened to assault them with a club if they
will not stop the religious service. The offense appears to be simply that of disturbing the
religious service, punishable under article 571.
It is further alleged that the people thus dispersed by the defendant were not holding
religious services, as they were simply reading some verses out of the Bible. We have been
unable to find any provision of law which requires religious services to be conducted in
approved orthodox style in order to merit its protection against interference and disturbances. As
stated in Hull vs. State (120 Ind., 153):
It makes no difference that the method of worship of those assembled was singular or
uncommon. The protection of the statute is extended to all, irrespective of creed, opinion, or
mode of worship.
Persons who meet for the purpose of religious worship, by any method which is not
indecent and unlawful, have a right to do so without being molested or disturbed.