CA upholds Celdran’s conviction for ‘offending religious feelings’

The Court of Appeals has upheld the conviction of Manila tour guide and reproductive health advocate Carlos Celdran for "offending religious feelings" when he disrupted an ecumenical service at the Manila Cathedral in September 2010 to protest the Catholic Church's opposition to the then Reproductive Health Bill.
 

In a decision penned by CA Associate Justice Carmelita Salandanan Manahan, the CA Twelfth Division junked Celdran's appeal seeking to reverse an August 12, 2013 decision and a November 11, 2013 order of the Manila Regional Trial Court finding him guilty of the charge.

 

"The RTC was correct when it found that in conformity with one's right to free exercise of religion, the faithful may, within the limits set by laws, rightfully practice and observe their beliefs, unimpeded by unfair interference from other people," the decision said.
 

"It goes without saying that those people observing a certain form of religion or sect are equally entitled to the state's protection as any of its citizens," it added.

 

The CA disagreed with Celdran's claim that Article 133 of the Revised Penal Code shielded religion from criticism.

 

"It imposes a penal sanction on anyone who performs acts notoriously offensive to the feelings of the faithful done inside a place devoted to religious worship or during the celebration of any religious ceremony," the CA said.

 

The CA said Celdran cannot give any additional meaning to the "clear and plain language of the law."

 

The CA said it found that the Manila court "properly imposed" on Celdran the penalty of imprisonment between two months, 21 days and one year, one month and 11 days.

 

Concurring in the decision were Associate Justices Japar DImaampo and Elihu Ybanez.

 

Celdran, then dressed as national hero Jose Rizal, held up a placard with the word “Damaso” before the Papal Nuncio, Gaudencio Cardinal Rosales, several bishops and other religious, a reference to the villainous friar from Rizal's novel "Noli Me Tangere." 

 

Celdran was found guilty of violating Article 133 of the Revised Penal Code which penalizes offending religious feelings. 

 

The law has been in the books since 1930.Article 133 punishes anyone who "in a place of worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful."

 

Celdran runs to Pope Francis

 

After learning about the denial of his appeal, Celdran posted a message on Facebook, saying he does not mind being sent behind bars. He, however, sent a public message to Pope Francis, who is scheduled to visit the Philippine from January 15 to 19, seeking his help.

 

"Dear ?#‎PopeFrancisPH? ?#‎Pontifex? My name is Carlos Celdran and I am a citizen of the ?#‎Philippines? and a Catholic. Today, I received news that my legal appeal was denied," said Celdran.

 

"Please have a word with the bishops of the Philippines. Truth be told, I don't mind going to jail. I only wish that your message of forgiveness, reason, and tolerance finally reaches their hearts and their minds," he added.

 

Celdran ended his message by saying: "I heartfully hope this message reaches you and thank you for your consideration. Love, a humble member of your Filipino flock. Carlos Celdran."

 

Elevate to SC

 

In response to the CA ruling, lawyer Harry Roque, who represented Celdran in the CA, said for his part that they would elevate the matter to the Supreme Court.

 

"CA's denial of Celdrans appeal is a big blow against freedom of expression. It legitimized lest majeste vs Catholic Church!," he said on Facebook.

 

At the SC, Roque said they would raise the issue of "law impugning constitutionality of felony of offending religious feelings." —NB, GMA News