Celdran appeals SC ruling on ‘Damaso’ act

MANILA, Philippines — Tour guide and cultural activist Carlos Celdran yesterday appealed the Supreme Court (SC) decision that upheld his conviction for offending religious feelings over a 2010 protest at the Manila Cathedral against the Catholic Church’s opposition to the Reproductive Health law. 

In a motion for reconsideration, he asked the High Court to reverse the rulings of the Court of Appeals in 2015 upholding the guilty verdict handed down by the Manila Regional Trial Court Branch 32 in 2012.

Celdran again asked the SC to declare the crime “offending religious feelings” or Article 133 of the Revised Penal Code as unconstitutional, saying it “contravenes the constitutional mandate to separate State and Religion.”

He also reiterated his claim that he was not guilty of the crime as the second element of the offense – that the act must be notoriously offensive to the feelings of the faithful – was not present in the case.

In seeking reversal of the ruling of the High Court’s First Division last March, Celdran asked the SC to elevate his appeal for resolution of the full court and also set the case for oral arguments.

Solicitor General Jose Calida filed with the SC its own appeal on the ruling and supported Celdran’s argument.

Calida agreed with Celdran that the offense is unconstitutional and that there is not enough factual basis to support Celdran’s conviction.

“The prosecution failed to prove, much less identify, a religious practice, dogma or ritual that was allegedly ridiculed by petitioner’s act of displaying the placard ‘Damaso’ in the Manila Cathedral, resulting in an offense to religious feelings,” the pleading read.