SC denies plea vs. holding of Catholic masses in courts

Supreme Court (SC) justices see nothing illegal in the holding of Catholic masses or any religious activities in courts, but believe the permanent display of religious icons in all halls of justice in the country should be prohibited.

In a resolution dated March 7, the SC said the holding of religious rituals of any of the world's religions does not violate the constitutional principle of separation of Church and State.

The practice also does not violate the constitutional prohibition against appropriation of public money or property for the benefit of a sect, church, denomination or any system of religion, according to the high court.

The SCt's action stemmed from the plea of a certain Tony Valenciano who complained about the holding of daily Catholic masses at the basement of the Quezon City Hall of Justice.

In a series of letters to then-Chief Justice Reynato Puno from January 2009 to March 2010, Valenciano said the practice of allowing regular Catholic masses in the premises of the Quezon City Hall of Justice has generated a perception that there is a "stamp of approval of bias favoring a religion" in violation of the Constitution.

Valenciano also alleged that the masses were disruptive of public services and the basement floor was practically converted into a Roman Catholic chapel, with religious icons permanently displayed.

The SC shot down Valenciano's claims, saying allowing citizens to practice their religion is not tantamount to a fusion of the Church and State.

"[I]t is our considered view that the holding of Catholic masses at the basement of QC Hall of Justice is not a case of establishment [of religion], but merely accommodation," the SC said through Associate Justice Jose Mendoza.

The SC said there was no law, ordinance or circular issued by authorities expressly mandating that the judiciary employees attend Catholic masses at the basement. It said the court employees attend the masses at their own initiative.

No government funds are being spent as well, the SC said, because the lightings and airconditioning continue to be operational even if there are no religious rituals there and that the basement has neither been converted into a Roman Catholic chapel nor has it been permanently appropriated for the exclusive use of Catholics.

The high court added the holding of masses, which run for 30 minutes during lunch break, has not prejudiced other religions. 

To disallow the holding of religious rituals within the courts would also set a "dangerous precedent and commence a domino effect," the SC said.

"Strict separation, rather than benevolent neutrality would be the norm. Thus, the establishment of Shari'a courts, the National Commission for Muslim Filipinos, and the exception of Muslims from the provisions of the Revised Penal Code relative to the crime of bigamy would all be rendered nugatory because of strict separation," the SC said.

"The exception of members of Iglesia ni Cristo from joining a union or the non-compulsion recognized in favor of members of the Jehovah's Witnesses from doing certain gestures during the flag ceremony, will all go down the drain simply because we insist on strict separation," it added.

The SC said the Constitution "ensures and mandates an unconditional tolerance, without regard to whether those who seek to profess their faith belong to the majority or to the minority."

"One cannot espouse that the constitutional freedom of religion ensures tolerance, but, in reality, refuses to practice what he preaches. One cannot ask for tolerance when he refuses to do the same for others," the resolution stated.

In the same resolution, the high court said no particular part of a public building must be used as a permanent place for worship for the benefit of any and all religious groups.

No permanent display of religious icons

The SC also prohibited the permanent display of religious icons in all halls of justice in the country.

"In case of religious rituals, religious icons and images may be displayed but their presentation is limited only during the celebration of such activities so as not to offend the sensibilities of members of other religious denominations or the non-religious public. After any religious affair, the icons and images shall be hidden or concealed from public view," it said.

"The disposition in this administrative matter shall apply to all halls of justice in the country. Other churches, religious denominations or sects are entitled to the same rights, privileges, and practices in every hall of justice. In other buildings not owned or controlled by the judiciary, the executive judges should coordinate and seek approval of the building owners/administrators accommodating their courts," the high court added.

The resolution was backed by 11 other magistrates with only Associate Justice Marvic Leonen expressing his dissent. —KBK, GMA News