Aglipay v Ruiz; G.R. No. 45459; 13 May 1937; 64 Phil 201

FACTS:
Petitioner Gregorio 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.

ISSUE(S):
Whether or not the issuing and selling of such commemorative stamps violate the non-establishment clause.

RULING:
NO. The issuance of the postage stamps in question was not inspired by any sectarian feeling to favor a particular church or religious denominations. The stamps were not issued and sold for the benefit of the Roman Catholic Church. Nor were money derived from the sale of the stamps given to that church. The only purpose in issuing and selling the stamps was “to advertise the Philippines and attract more tourists to this country.”

Petition is DENIED.

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Category: Legal Chyme

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