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  • Re Tony Q. Valenciano, A.M. No. 10-4-19-SC

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    Yas Subaran
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    The Supreme Court ruled that holding Catholic masses in the basement of the Quezon City Hall of Justice does not violate the separation of Church and State or the prohibition on using public funds for religious purposes. [1] Allowing religious expression does not contradict separation of Church and State and stopping masses would repress religious freedom. [2] The masses are an accommodation for employees and do not impair public welfare. [3] The basement remains a public space as its primary purpose is not to further the Catholic church and masses are temporarily and indiscriminately available to all.

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    Re Tony Q. Valenciano, A.M. No. 10-4-19-SC Case Digest

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    The Supreme Court ruled that holding Catholic masses in the basement of the Quezon City Hall of Justice does not violate the separation of Church and State or the prohibition on using public funds for religious purposes. [1] Allowing religious expression does not contradict separation of Church and State and stopping masses would repress religious freedom. [2] The masses are an accommodation for employees and do not impair public welfare. [3] The basement remains a public space as its primary purpose is not to further the Catholic church and masses are temporarily and indiscriminately available to all.

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    © All Rights Reserved
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    27 views1 page

    Re Tony Q. Valenciano, A.M. No. 10-4-19-SC

    Uploaded by

    Yas Subaran
    The Supreme Court ruled that holding Catholic masses in the basement of the Quezon City Hall of Justice does not violate the separation of Church and State or the prohibition on using public funds for religious purposes. [1] Allowing religious expression does not contradict separation of Church and State and stopping masses would repress religious freedom. [2] The masses are an accommodation for employees and do not impair public welfare. [3] The basement remains a public space as its primary purpose is not to further the Catholic church and masses are temporarily and indiscriminately available to all.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Re: Tony Q. Valenciano, A.M. No.

    10-4-19-SC (Resolution), 07 March 2017


    Facts:
    This controversy originated from a series of letters written by Valenciano and addressed to the Chief
    Justice Reynato S. Puno reporting that the basement of the Hall of Justice of Quezon City had been
    converted into a Roman Catholic Chapel, complete with Catholic religious icons and other instrument for
    religious activities. He believe that such practice violated the constitutional provisions on the separation of
    Church and State and the constitutional prohibition against the appropriation of public money and
    property for the benefit of a sect, church, denomination, or any other system of religion. He further
    averred that the holding of masses at the basement of Hall of Justice showed that it tended to favor the
    Catholic litigants; that the rehearsals and other activities caused great disturbance to the employees; and
    that court functions are affected due to the masses that is being held from 12:00 to 1:15 in the afternoon.

    Issue:
    Whether or not the holding of masses at the basement of the Quezon City Hall of Justice violates the
    constitutional principle of separation of Church and State as well as the constitutional prohibition against
    appropriation of public money or property for the benefit of any sect, church, denomination, sectarian
    institution or system of religion.
    Ruling:

    The holding of Religious Rituals in the Hall of Justice does not amount to the union of Church and State.
    The 1987 constitution provides that the separation of Church and the State shall be inviolable; if further
    provides that the free exercise and enjoyment of religious profession and worship, without discrimination
    or preference, shall forever be allowed. Allowing religion to flourish is not contrary to the principle of
    separation of Church and state. In fact, these two principles are in perfect harmony with each other. The
    Roman Catholic express their worship through the holy mass and to stop these would be tantamount to
    repressing the right to the free exercise of their religion.

    It is also the view of the Supreme Court that the holding of Catholic masses at the basement of the
    Quezon City Hall of Justice is not a case of establishment but merely accommodation wherein the
    government recognize the reality that some measures may not be imposed on a certain portion of the
    population for the reason that these measures are contrary to their religious beliefs. As long as it can be
    shown that the exercise of the right does not impair the public welfare, the attempt of the State to regulate
    or prohibit such right would be an unconstitutional encroachment.

    No appropriation of Public money or property for the benefit of any Church. The constitution provides that
    “No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for
    the use, benefit, or support any sect, church, denomination, sectarian institution, or system of religion, or
    any priest, preacher, minister or other religious teacher, or dignitary as such, except when such priest,
    preacher, minister, or dignitary is assigned to the armed forces, or any penal institution, or government
    orphanage or leprosarium.

    The prohibition contemplates a scenario where the appropriation is primarily intended for the furtherance
    of a particular church. The forecited constitutional provision “does not inhibit the use of public property for
    religious purposes when the religious character of such use is merely incidental to a temporary use which
    is available indiscriminately to the public in general. Thus, the basement of the Quezon City Hall of
    Justice has remained to be a public property devoted for public use because the holding of Catholic
    masses therein is a mere incidental consequence of its primary purpose.

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