CA upholds dismissal of Harriet Demetriou's case vs exorcist priest

The Court of Appeals has upheld a Quezon City court’s decision that dismissed the case against exorcist priest Fr. Winston Cabading, who was accused of offending religious feelings when he questioned the 1948 Marian apparitions in Lipa City, Batangas.

In a 28-page ruling promulgated on September 28, the appellate court’s 12th Division junked the petitions for certiorari lodged by retired Sandiganbayan Justice Harriet Demetriou for lack of merit.

The Court of Appeals agreed with the Quezon City Regional Trial Court Branch 224’s ruling last year that the Facebook program where Cabading’s statement was aired does not fall under the purview of a “religious ceremony.”

“The same is similar to a show, broadcast, telecast, videocast, performance, or dialogue and does not connote a formal or solemn act prescribed by the ritual or protocol of a religious procedure," the CA said.

It added that the Facebook program "is not even a special occasion or function performed according to a prescribed religious regulation."

The decision was penned by CA Associate Justice Ma. Consejo Gengos-Ignalaga.

In its ruling, the CA remarked that the Facebook program can be accessed by anyone on the Internet, regardless of one’s religion or beliefs — and is not limited to members of a religious sect or group.

It added that preaching, prayer and exchanging commentaries during the livestream does not make it a “religious ceremony.”

The CA also rejected Demetriou’s claim that the Quezon City court engaged in “judicial legislation" when it defined what is a “religious ceremony.”

It said this would create a dangerous precedent “because all kinds of activities, such as performing prayers, discussions, or dialogues touching on religions and related topics or matters would already be categorized as a ‘religious ceremony.’”

In addition, the charge against Cabading alleged that he violated the Pastoral Instruction and Injunction Order of the Dominican Province of the Catholic Bishops’ Conference of the Philippines.

“This act is not punishable under the Revised Penal Code or special laws,” the CA said.

Demetriou filed the case against Cabading over his alleged statements on the authenticity of the 1948 Lipa Apparitions in a digital Catholic show.

In her complaint, Demetriou accused the priest of being a “rabid critic” of Mary and lambasted his comment doubting the 1951 Lipa Diocesan Verdict that “negated the authenticity of the 1948 apparition of Our Lady, Mary, Mediatrix of All Grace.”

In a nine-page order in 2024, the Quezon City court granted the motion to quash lodged by Cabading and dismissed the raps against him.

Cabading welcomed the Quezon City court's ruling last year, while Demetriou said the dismissal is not final and vowed to elevate the case to the Supreme Court. — JMA, GMA Integrated News