Aglipay v. Ruiz, GR No.

L-45459, March 13, 1937

Facts:

 Petitioner Aglipay, the head of Phil. Independent Church, filed a writ of prohibition against
respondent Ruiz, the Director of Post, enjoining the latter from issuing and selling postage
stamps commemorative of the 33rd Intl Eucharistic Congress organized by the Roman
Catholic.

 The petitioner invokes that such issuance and selling, as authorized by Act 4052 by the
Phil. Legislature, contemplates religious purpose – for the benefit of a particular sect or
church. Hence, this petition.

Issue: WONthe issuing and selling of commemorative stamps is constitutional?

Held/Reason: The Court said YES, the issuing and selling of commemorative stamps by the
respondent does not contemplate any favor upon a particular sect or church, but the purpose
was only ‘to advertise the Philippines and attract more tourist’ and the government just took
advantage of an event considered of international importance, thus, not violating the
Constitution on its provision on the separation of the Church and State.

Moreover, the Court stressed that ‘Religious freedom, as a constitutional mandate is not
inhibition of profound reverence for religion and is not denial of its influence in human affairs’.
Emphasizing that, ‘when the Filipino people ‘implored the aid of Divine Providence’, they thereby
manifested reliance upon Him who guides the destinies of men and nations.

The elevating influence of religion in human society is recognized here as elsewhere. In fact,
certain general concessions are indiscriminately accorded to religious sects and denominations.’

***ruling***

Issue: Whether or not the issuance of stamps was in violation of the principle of separation of
church and state

NO.
1. Religious freedom, as a constitutional mandate, is not inhibition of profound reverence for
religion and is not denial of its influence in human affairs. Religion as a profession of faith to an
active power that binds and elevates man to his Creator is recognized. In so far as it instils into
the minds the purest principles of morality, its influence is deeply felt and highly appreciated.

2. When the Filipino people, in the preamble of the Constitution, implored "the aid of Divine
Providence, in order to establish a government that shall embody their ideals, conserve and
develop the patrimony of the nation, promote the general welfare, and secure to themselves and
their posterity the blessings of independence under a regime of justice, liberty and democracy,"
they thereby manifested reliance upon Him who guides the destinies of men and nations. The
elevating influence of religion in human society is recognized here as elsewhere. In fact, certain
general concessions are indiscriminately accorded to religious sects and denominations.

3. There has been no constitutional infraction in this case. Act No. 4052 granted the Director of
Posts, with the approval of the Sec. of Public Works and Communications, discretion to issue
postage stamps with new designs. Even if we were to assume that these officials made use of a
poor judgment in issuing and selling the postage stamps in question, still, the case of the
petitioner would fail to take in weight. Between the exercise of a poor judgment and the
unconstitutionality of the step taken, a gap exists which is yet to be filled to justify the court in
setting aside the official act assailed as coming within a constitutional inhibition. The court
resolved to deny the petition for a writ of prohibition.

ARTICLE II – Declaration of Principles & State Policies

Administrative Code of 1987, Sec. 2 (1)

"Government of the Republic of the Philippines" refers to the corporate governmental entity
through which the functions of government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms through which political authority
is made effective in the Philippines, whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or other forms of local government.