Case Digest (G.R. No. 45459)
Facts:
Gregorio Aglipay v. Juan Ruiz, G. R. No. 45459, March 13, 1937, the Supreme Court En Banc, Laurel, J., writing for the Court. Petitioner Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, sought a writ of prohibition from the Supreme Court to restrain respondent Juan Ruiz, Director of Posts, from issuing and selling postage stamps commemorating the Thirty‑third International Eucharistic Congress organized by the Roman Catholic Church.In May 1936 the Director of Posts announced that he would order the issuance of special postage stamps to commemorate the Congress. Petitioner, believing this action inconsistent with the constitutional separation of Church and State, had Vicente Sotto, Esq. denounce the matter to the President. Despite protest, respondent publicly described the designs (a chalice with grape vine and wheat border, multiple colors and denominations) and sent the designs to the United States for printing; a later printed design contained a map of the Philippines and the inscription “Seat XXXIII International Eucharistic Congress, Feb. 3–7, 1937.” Stamps were issued and sold, though a large portion remained unsold. The Director estimated gross potential receipts and the unsold inventory in the petitions and affidavits.
Petitioner invoked Section 13, subsection 3, Article VI of the Constitution of the Philippines (prohibiting appropriation or use of public money or property for the benefit of a sect, church or similar religious entity) and prayed for prohibition to prevent further sale. The Solicitor‑General answered contending that a writ of prohibition is not ordinarily proper to restrain non‑judicial acts but acknowledged that such writs may issue to control ministerial acts when done without or in excess of jurisdiction; he defended the issuance on grounds that the stamps served a secular governmental purpose—publicity and promotion of the Philippines—and were authorized under Act No. 4052 (Feb. 21, 1933), which appropriated funds and authorized the Director of Posts, with the Secretary’s approval, to issue stamps “as often as may be deemed advantageous to the Government.” The Presi...(Subscriber-Only)
Issues:
- Is a writ of prohibition an appropriate remedy to restrain the Director of Posts from issuing and selling the commemorative postage stamps?
- Did the issuance and sale of the commemorative postage stamps violate Section 13, subsection 3, Article VI of the Constitution by applying public property or funds for the use, benefit, or support of a re...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)