Lagman wants repeal of 'offending religious feelings' crime

Albay Representative Edcel Lagman is urging the House of Representatives to repeal a provision in the Revised Penal Code penalizing an individual on the basis of "offending religious feelings."

Lagman made the proposal in memory of the late cultural activist Carlos Celdran who, in 2013, was found guilty by the Manila Metropolitan Trial Court of "offending religious feelings" under Article 133 of the Revised Penal Code for protesting at Manila Cathedral with a placard that read "Damaso" during a service attended by the local leaders of the Church.

Celdran was then expressing his opposition to the Catholic Church's stance against the then-proposed Reproductive Health Law.

In 2018, the Supreme Court upheld the decision against Celdran.

In filing House Bill 5170, Lagman pointed out that Celdran "died a freeman" on October 8 because the Supreme Court failed to resolve with finality his motion for reconsideration of his conviction.

Lagman said it is now the time for Congress to accord justice and redress to Celdran by repealing Article 133, which he said is "an odious remnant of the Dark Ages" and "offensive to the freedom of expression."

Under Article 133, the penalty of arresto mayor in its maximum period to prision correctional in its minimum period will be imposed on anyone who perform acts "notoriously offensive to the feelings of the faithful" in a place for religious worship or during the celebration of any religious ceremony.

"[Article 133 is] utterly subjective and leaves to the undue discretion of the court to divine the inculpatory element of ‘wounded religious feelings’. It is an amorphous offense and fails to set any objective standards on the gravamen of the crime," Lagman said.

In the event that Article 133 is repealed, all pending criminal and related civil cases for "offending religious feelings" will be dismissed.

Celdran died of "natural causes" on October 8, according to his wife Tesa. He was 46. —KBK, GMA News