Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

3389

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

The separation of church and State (Section 6, Article II, 1987 Philippine Constitution) and the non

establishment clause (Section 5, Article III, 1987 Philippine Constitution) prevents the enactment of
Jaws which would favor any or all religions. These Constitutional principles should be reconciled
with, and should be used to support, the rights of citizens, such as the rightto free speech and

expression.

Enacted fifty-five years before the promulgation of the Constitution, the Revtsed Penal Code, in its
Article 133 (Offending Religious Feelings) punishes a person who, in a place devoted to religious
woiship or during the celebration of any religious ceremony, performs acts notoriously offensive
to the feelings of the faithful. By so doing, the Revised Penal Code, curtails a right protected by the
Constitution: the right to free speech, which, since lately, have been considered as the “right to
offend.” Moreover, it puts instrumentalities of the State, particularly the prosecution service and

the courts, in a situation in which they are mandated to enforce the tenets, belief or rules of a

patticular religion or sect, in contravention of the non-establishment clause.

Still, under the International Covenant on Civil and Political Rightradopted by the United Nations
General Assembly in 1966, as a State Party, the Philippines is bound to uphold the right of

freedom of expression of its citizens, and ensure that laws do not enforce unnecess

ry

limitations to this right.


Pursuant to the principles enshrined in the Constitution and our commitment as a State Party to
the International Covenant on Civil and Political Rights, there is a need to repeal Article 133 of the
Revised Penal Code, an archaic provision which impedes free speech and expression. The State may
still prosecute a person who disturbs a place devoted to religious worship or a celebration of a
religious ceremony whenever the disturbance becomes violent as these are amply covered by
Chapter Five, Title Three, Book II of the Revised Penal Code punishing tumults and other
disturbances of public order, and alarms and scandals. In addition, private offended parties may
still bring civil actions against those who offend them under Articles 19, 21 and 26 of Republic
‘Act No. 386, otherwise known as the “Civil Code of the Philippines.”

In view of the foregoing, the immediate passage of the bill is earnestly sought.

aQ KE Mil
IBARRA deat yr Moriennez Til WALDEN F. BELLO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bill No.__ 3389

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

AN ACT
REPEALING ARTICLE 133 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE,”
AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Repeal of Article 133 of Act No. 3815—Axticle 133 of Act No. 3815, as

amended, otherwise known as the “Revised Penal Code,” which reads:

“Aplicle 133. Offending the religious feelings—The penalty of arresto
‘mayor in its maximum period to prison correcional in its minimum.
period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious
ceremony shall perform acts notoriously offensive to the feelings

of the faithful.”
is hereby repealed.
SECTION 2. Retroactive effect —All pending criminal cases, and accompanying civil cases, if

any, for a violation of Article 133 of the Rerised Penal Code shall be dismissed upon the effectivity
of this Act.


Pursuant to Section 22 of the 1987 Philippine Constitution prohibiting the enactment of ex-post facto
laws or bills of attainder and to Article 22 of the Revised Penal Code, the provisions of this Act
shall have retroactive effect insofar as they are favorable to the person charged or convicted
under Article 351 of the Revised Penal Code, who is not a habitual criminal, as defined in Rule 5 of
Article 62 of the said Code, even if at the time of the publication of this Act a final sentence has
been pronounced and the convict is serving the same. Therefore, all persons serving sentence for
a violation of Article 351 of the Revised Penal Code shall be immediately released upon the
effectivity of this Act: Provided, That they are not serving sentence or detained for any other

offense or felony.

SECTION 3. Separability clause—If any past, section or provision of this Act is held invalid

of unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 4. Repealing clause—All laws, decrees, orders, rules and regulations or other
issuances, particularly that of the Revised Penal Code, which are inconsistent with the provisions of
this Act, are hereby repealed, amended, or modified accordingly. Article 133 of the Revised Penal
Cade is repealed.

SECTION 5. Effectivity—This Act shall take effect fifteen (15) days after the completion of
its publication in the Offsial Gazette or in two (2) newspapers of general circulation.

Approved,