Title
Aglipay vs. Ruiz
Case
G.R. No. 45459
Decision Date
Mar 13, 1937
Aglipay challenged the issuance of postage stamps commemorating a Catholic event, alleging violation of church-state separation. The Court ruled the stamps had a secular purpose, promoting tourism, and were constitutional.

Case Summary (G.R. No. L-14116)

Petitioner

Monsignor Gregorio Aglipay, representing the Philippine Independent Church, alleges that the issuance and sale of the stamps violate the constitutional principle of separation of Church and State and constitute an improper appropriation of public property for sectarian purposes.

Respondent

Juan Ruiz, Director of Posts, who ordered the design, printing, issuance, and sale of the commemorative postage stamps under statutory authority.

Key Dates

• February 21, 1933 – Approval of Act No. 4052, appropriating funds for new postage-stamp designs.
• May 1936 – Public announcement of intended commemorative stamps.
• September 1, 1936 – Presidential approval of stamp issuance.
• March 13, 1937 – Decision date.

Applicable Law

• Constitution of the Philippines (Commonwealth), Article VI, Section 13(3): Prohibits appropriation of public money or property for sectarian purposes.
• Act No. 4052 (February 21, 1933): Appropriates ₱60,000 for plates and printing of postage stamps with new designs and authorizes the Director of Posts, with the Secretary’s approval, to dispose of funds “as often as may be deemed advantageous to the Government.”
• Code of Civil Procedure, Sections 516 and 226: Authorizes writ of prohibition against persons exercising functions “without or in excess of” jurisdiction.

Facts

The Director of Posts publicly solicited designs for stamps commemorating the Thirty-third International Eucharistic Congress and dispatched them to the United States for printing. Six denominations (2, 6, 16, 20, 36, 50 centavos) in various colors were produced, most remaining unsold. Aglipay sought a writ of prohibition to prevent further sale, asserting a constitutional violation. The Solicitor-General conceded that prohibition lies against ministerial acts beyond jurisdiction but contended this was not the proper remedy.

Issue

Whether the issuance and sale of postage stamps commemorating a Roman Catholic event constitute an unconstitutional use of public money or property for sectarian purposes, thereby exceeding statutory and constitutional authority.

Ruling

The petition for a writ of prohibition is denied. The Court finds no constitutional violation in the discretionary issuance and sale of the stamps.

Reasoning

  1. Scope of Writ of Prohibition – Under Sections 516 and 226 of the Code of Civil Procedure, the writ may issue against any officer whose acts exceed jurisdiction or violate the Constitution.
  2. Separation of Church and State – Article VI, Section 13(3) of the 1935 Constitution bars public funds or property for religious sects or clergy. This prohibition reflects a longstanding principle in Philippine charters and legislation.
  3. Statutory Authority – Act 4052 vested the Director of Posts, with cabinet approval, discretion to issue new-design stamps “advantageous to the Government.” The phrase does not authorize unconstitutional

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