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Greetings:
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Please take notice that on December 12, 201.4, a DECISION, copy j hereto
attached, was rendered in the above-entitled case by the- TWELFTH DIVISION', of the
Court of Appeals, Manila, the original of which is now on file with this Court.
You are hereby required to inform this Court within FIVE (5) days from notice
hereof of the date when you received this notice and the attached copy of the decision.
Respectfully yours,
TERESITA R. MARIGOMEN
Clerk of Court
By':"'/
----t~~StT;~. ~S-T~DIE}
Division Clerk oj Court
Copy furnished:
Dellosa Mendoza Bag-Ao & Manuel- Roque & Butuyan Law Offices - reg. wire
reg.w/rc Collaboraitng Counsel for Petitioner
Counsel for Petitioner 1904 Antel Corporate Centre,
3'd Floor, Prince David Condominium 121 Valero Street, Salcedo Village
Katipunan A venue, Loyola Heights 1227 Makati City
1108 Quezon City
Office of the Solicitor General- reg wire
Lagman Lagman & Mones Law Firm- Counsel for Repsondeni
reg.w/.rc 134 Amorsolo St., Legaspi Village
Collaborating Counsel for Petitioner 1229 Makati City
2/F Tempus Place IICondominium
Makatarungan and Matalino Sts., Hon. Presiding Judge - reg wire
Dilirnan, 1104 Quezon City Regional Trial Court
Branch 32
1000 Manila
Imdby
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Republic' of the Philippines
Court of Appeals
MANILA
TWELFTH (12th) DIVISION
CARLOS CELDRAN y C.A-G.R. CR NO. 36170
PAMINTUAN,
Peti tioner , Members:
Promulgated:
t":EC 1 2 2014
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c: '('-J ~ W
SALANDANAN-MANAHAN, J.:
1 Rollo. pp.35-89.
2
Rollo.pp.11-32. 101-122.
3
Rollo. p.33, 123.
4
Rollo. pp.92-99.
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ICA. GR CR No. 36170 2 of 23
DECISION
SO ORDERED."s
5
Rollo. p.32.
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6
Rollo. p.124.
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1c.A. CR CR No. 36170 3 of 23
DECISION
This event comprised of three (3) inseparable parts. The first part
was the ecumenical liturgical religious worship wherein the heads of the
different protestant mainland churches and the catholic church were
present celebrating the words of God. It was followed by the Eucharistic
celebration - the holy mass, the integral part of the celebration. The
last part was the hand written unity bible. (TSN, May 7, 2012, pages 15-
16)
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was. Proceeding in front to find out what was happening, she noticed that
somebody was taking accused-appellant. Commotion ensued when
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1c.A. GR CR No. 36170 4 of 23
DECISION
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leA. GR CR No. 36170
DECISION
5 of 23
which. he did twice or thrice. The last time he did 501 he brught with him a
placard, holding it behind him and then he put it down. l!v7'lilethe
liturgical, religious worship was going on accused-appellant looked at the
right aisle of the cathedral and winked at somebody positioned there.
Accused-appellant soon picked up the placard and ambled to the center of
the aisle and once there made a bow to the altar to genuflect, an act which
is considered a veneration, as a respect to any religious worship.
instantly, he raised the placard, with the word "DAMAS 0"
conspicuously written on it while he traipsed to the center of the aisle, in
front of the altar. And soon, hefaced Cardinal Rosales, the bishops and the
Papal Nuncio! who was the representative of the Holy Father in the
Philippines. His initial fascination, engendered by his notion that this
scene was part of Mr. Tirana's different style of presentation, was soon
replaced with shock, agitation and a feeling of being insulted as awareness
loomed upon him that it was not as he initially deciphered it was. Looking
at the bishops, he saw them pointing at him being the organizer of the
event, instructing him to do something about the incident, as he and the
other organizers turned pallid. Accused-appellant then started shouting
"Bishops, stop involving yourself (sic) in politics while raising and
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showing his placard to the cardinal. While shock filled him, he cannot also
help to pity the cardinal who did nothing but look down, obviously
sharing the same feeling of consternation and seemed cannot imagine
what was going on. Mr. Cornejo, the Vice-President of GMA7, stood up,
followed by him, took and convinced accused-appellant to stay away from
the center aisle. Not letting UPI accused-appellant still went back and
continued shouting at the top of his voice toward the Cardinal, Papal
Nuncio and bishops and raised and showed the placard at them. While he
and Mr. Cornejo had succeeded in bringing accused-appellant at the left
side near the choir, he nonetheless continued to struggle with. him
(accused-appellant) by putting down the placard which he was raising for
everybody to see, simultaneously shouting "Ano gusto nyo, magsisigmo
pa?" (What do you want, do I still need to shout?). Pleading him
(accused-appellants) not tO he also beseeched him to just air whatever he
I
wished to say outside the confines of the church. With the help of the
military men, thelj managed to get him out of the cathedral.
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1c.A. GR CR No. 36170 6 of 23
DECISION
non catholics were united by the word of God and manifesting in one
word of God, he considered accused-appellant's actions very insulting. 1/7
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ICA. GR CR No. 36170
DECISION
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After parking their vehicle, they entered the church using the right
side entrance. It was awashed with all sorts of people. There were
members of the police, VIP's, nuns, choir members, etc. In view perhaps
of her failure to glance at the front seats, the attendance of church
dignitaries escaped her notice.
A little bit conscious because Carlos was wearing black, she, once
inside the church, tried to figure out whether a mass was being held at
that time but sooner she realized that the answer to her mental query was
in the negative.
'Are you sure?" was her response to him, who then gave her a
camera for her to take pictures intended to be posted in facebook. As she
considered it a bad angle (in taking pictures) from where she was, she
scurried out of the church to the back door and made a re-entry through
the main entrance. There and then, she saw accused, quiet and calm,
already at the middle aisle near and facing the altar and holding the
placard. She admired him for his valor in doing so.
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Ic.A. GR CR No. 36170 8 of 23
DECISION
This incident unfolded not during the celebration of the holy mass,
and nothing happened that disturbed the proceedings.
12
Rolio,pp.16-18.
13
Supra, note 4.
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eA. GR CR No. 36170 9 of 23
lDECISION
under Article 133 of the Revised Penal Code and sentenced him
accordingly.
SO ORDERED."16
SO ORDERED."l'!
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IC.A. GR CR No. 36170 10 of 23
DECISION
ISSUES
RULING
22 .
Rollo. pp.543-566. Pursuant to the Resolution of the Court of Appeals, Former Special Eighth Drviston
dated 15 January 2014. directing the respondents t.o me a Comment.
23
Rollo.p.569.
24
Rollo,p.674.
25
Rollo,p.40.
26
Rollo,p.41.
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1c.A. GR CR No. 36170 11 of 23 I
DEClSION
27
Luis B. Reyes. The Revised Penal Code: Book IT, 76 (2006).
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1c.A. GR CR No. 36170 12 of 23
DECISION
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DECISION
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profess a certain religion, 'while not otherwise offensive to the feelings of
those professing another [aitn.':"
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ICA. CR CR No. 36170 14 of 23
DECTSION
One final point, the RTC correctly observed that the acts of the
petitioner were meant to mock, insult and ridicule those clergy
whose beliefs and principles were diametrically opposed to his
own." Thus, the petitioner cannot argue that good faith is a defense.
At any rate, petitioner did not testify to prove his good faith
and lack of criminal intent. His actions prior to and after he raised his
placard inside the cathedral belie his claim of good faith.
The petitioner's contention that the RTC erred when it did not
declare Article 133 of the RPC unconstitutional is misplaced.
34
Rollo. p.23.
35
Rollo,p.489; T.S.N. 27 June 2012. p.ll.
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Ic.A, GR CR No. 36170 15 of 23
DECISION
11
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1c.A. GR CR No. 36170 16 of 23
DECISION
Emphasis must also be placed to the fact that first and foremost,
Article 133 of the RPC should be presumed valid and constitutional.
When confronted with a constitutional question, it is elementary that
every court must approach it with grave care and considerable
caution bearing in mind that every statute is presumed valid and
every reasonable doubt should be resolved in favor of its
constitutionality."
It is a well settled rule that the courts are not concerned with
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40
People Q{ the Philippines us, Evangeline Slton y SaciZ and Krystel Kate Sagamno y Mefania; G,R. No.
169364. Septell11)er 18. 2009. citing Weson us. Executive SecretanJ. G.R. No. 128096. January 20. 1999.
301 SeRA 298.
41
G.R. No. L-3090, 9 January 1951.
42
People oj tile PhUippines vs. Hon. Loretizo B. Veneracion. C.R. Nos. 119987-88. 12 October 1995 citing
People us. Limaco. 88 Phil. 36 (1951).
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C.A. GR CR No. 36170 17 of 23
ID E CI S TON
It adds
that the absence of an objective standard in the
determination of "acts notoriously offensive to the feelings of the
faithful'! opens Article 133 to a First Amendment (free speech) void
for vagueness challenge, leaving thereon the offended party
unlimited power to decide which speech would constitute the
offense."
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eA. GR CR No. 36170 18 of 23
l
DECISION
A careful perusal of the facts of the case would reveal that the
act of the petitioner in going to the front of the altar, during
ecumenical service, and raising a placard with the word 'DAMASO'
inflicts injury or tends to incite an immediate breach of the peace in
that place of worship. Therefore, the act of petitioner inside the
cathedral is what Article 133 of the RPC seeks to penalize.
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ICA. GR CR No. 36170 19 of 23 I
DECISION
social interest in order and morality.51" Thus, the public interest served
by Article 133 of the RPC takes precedence over the petitioner's right
to free speech inside a place devoted for worship.
Second, Article 133 does not encroach upon the equal protection
clause of the constitution.
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ICA. GR CR No. 36170 20 of 23 I
DECISION
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CA. GR CR No. 36170 21 of 23
DECISION
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leA. GR CR No. 36170
DECISION
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23 of 23
SO ORDERED.
WE CONCUR:
CERTIFICATION
t"'H~'r"~AtSIGNEO'
JAPAR B. DIMAAMPAO
Associate Justice
Chairperson, Twelfth Division
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