GR L 12644; (December, 1917) (Digest)
G.R. No. L-12644, December 22, 1917
THE UNITED STATES, plaintiff-appellee, vs. LEON MORALES, ET AL., defendants. PEDRO RIGOR, MARIANO GORUSPE, and CIPRIANO DE LOS REYES, appellants.
FACTS:
On the evening of July 15, 1915, a Catholic religious procession, consisting of about thirty residents praying and carrying an image of the Virgin, was proceeding through the streets of Tarlac. Upon reaching Calle San Agustin in front of the Aglipayan church, the procession was met and blocked by a group of men including appellants Pedro Rigor (an Aglipayan priest), Mariano Goruspe, and Cipriano de los Reyes, who were armed with clubs and sticks. Rigor had previously warned against holding the novena procession. When the procession’s leader, Maximo Cayetano, insisted on proceeding, Rigor, Goruspe, Reyes, and others attacked Cayetano, pushed back the members of the procession, and caused its forcible dispersal. The image of the Virgin was dropped and damaged during the tumult. Cayetano sustained slight physical injuries as a result. The appellants were charged with violating Article 223 of the Penal Code for preventing the performance of an act of worship through violence. The trial court convicted them but imposed only a light penalty of ten days’ arresto and a small fine. The prosecution appealed, seeking the imposition of the correct penalty under Article 223.
ISSUE:
Whether the acts of the appellants constitute the crime defined under Article 223 of the Penal Code, which penalizes the use of threats or violence to prevent a person from performing an act of worship.
RULING:
Yes. The Supreme Court reversed the trial court’s judgment and imposed the proper penalty under Article 223 of the Penal Code.
The Court found the facts clearly established that the appellants, through violence and force, prevented the Catholic devotees from freely performing their religious act of worship (the procession and novena prayers). Their actions directly interfered with the constitutional right to the free exercise of religious profession and worship. The Court distinguished this case from U.S. v. Balcorta, where the accused’s motive to prevent an act of worship was not proven. Here, the appellants’ intent to prevent the procession from passing in front of their church and continuing its worship was unequivocal. Since the commission of the crime was not attended by any mitigating or aggravating circumstances, the penalty should be imposed in its medium period. Accordingly, appellants Pedro Rigor, Mariano Goruspe, and Cipriano de los Reyes were each sentenced to three years, six months, and twenty-one days of prision correccional, with the accessory penalties, and a fine of 1,000 pesetas.
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