Professional Documents
Culture Documents
Aglipay vs. Ruiz
Aglipay vs. Ruiz
Information | Reference
Case Title:
GREGORIO AGLIPAY, petitioner, vs.
JUAN Ruiz, respondent,
Citation: 64 Phil. 201 [No. 45459. March 13, 1937]
More...
GREGORIO AGLIPAY, petitioner, vs. JUAN Ruiz, respondent,
Search Result
1. PROHIBITION; ISSUANCE OF WRIT FOR ACTS PERFORMED
WITHOUT JURISDICTION.While, generally, prohibition as an
extraordinary legal writ will not issue to restrain or control the
performance of other than judicial or quasi-judicial functions (50 C.
J., 658), its issuance and enforcement are regulated by statute and
in this jurisdiction may issue to "* * * inferior tribunals,
corporations, boards, or persons, whether exercising functions
judicial or ministerial, which are without or in excess of the
jurisdiction of such tribunal, corporation, board, or person * * *."
(Secs. 516 and 226, Code of Civil Procedure.)
202
7. ID.; ID.; ID.The only purpose in issuing and selling the stamps
was "to advertise the Philippines and attract more tourists to this
country." The officials concerned merely took advantage of an event
considered of international importance "to give publicity to the
Philippines and its people." The stamps as actually
203
8. ID.; ID.; ID.While the issuance and sale of the stamps in question
may be said to be inseparably linked with an event of a religious
character, the resulting propaganda, if any, received by the Roman
Catholic Church, was not the aim and purpose of the Government.
The Government should not be embarrassed in its activities simply
because of incidental results, more or less religious in character, if
the purpose had in view is one which could legitimately be
undertaken by appropriate legislation. The main purpose should
not be frustrated by its subordination to mere incidental results not
contemplated. (Vide Bradfield vs. Roberts, 175 U. S., 295; 20 Sup.
Ct. Rep., 121; 44 Law. ed., 168.)
LAUREL, J.:
Assessment Law, sec. 344, par. [c], Adm. Code). Sectarian aid is not
prohibited when a priest, preacher, minister or other religious
teacher or dignitary as such is assigned to the armed forces or to
any penal institution, orphanage or leprosarium (sec. 13, subsec. 3,
Art. VI, Constitution of the Philippines). Optional religious
instruction in the public schools is by constitutional mandate
allowed (sec. 5, Art. XIII, Constitution of the Philippines, in relation
208
"SEC. 2. The Director of Posts, with the approval of the Secretary of Public
Works and Communications, is hereby authorized to dispose of the whole
or any portion of the amount herein appropriated in the manner indicated
and as often as may be deemed advantageous to the Government.
"SEC. 3. This amount or any portion thereof not otherwise expended
shall not revert to the Treasury.
"SEC. 4. This act shall take effect on its approval.
"Approved, February 21, 1933."
It will be seen that the Act appropriates the sum of sixty thousand
pesos for the cost of plates and printing of postage stamps with new
designs and other expenses incident thereto, and authorizes the
Director of Posts, with the approval of the Secretary of Public
Works and Communications, to dispose of the amount appropriated
in the manner indicated and "as often as may be deemed
advantageous to the Govvernment". The printing and issuance of
the postage stamps in question appears to have been approved by
authority of the President of the Philippines in a letter dated
September 1, 1936, made part of the respondent's memorandum as
Exhibit A. The respondent alleges that the Government of the
Philippines would suffer losses if the writ prayed for is granted. He
estimates the revenue to be derived from the sale of the postage
stamps in question at P1,618,179.10 and states that there still
remain to be sold stamps worth P1,402,279.02.
Act No. 4052 contemplates no religious purpose in view. What it
gives the Director of Posts is the discretionary power to determine
when the issuance of special postage stamps would be
"advantageous to the Government." Of course, the phrase
"advantageous to the Government" does not authorize the violation
of the Constitution. It does not authorize the appropriation, use or
application of public money or property for the use, benefit or
support of a par-
209
Petition denied.
211