People v. Nosce
REITERATIONFacts
The Antecedents: The appellant, Antonio Nosce, slapped Reverend Father Ulric Arcand, a Catholic priest, in front of a large congregation during religious ceremonies. The incident occurred on December 3, 1933, in Lucena, Tayabas. Disgruntled residents, including the appellant, were attempting to have Father Arcand transferred. While the bishop was leaving the church and presenting his pastoral ring to be kissed, Father Arcand was at the main door looking for the bishop's car. The appellant approached Father Arcand to speak with him, but was told there was no time. The appellant then assaulted Father Arcand by striking him in the face with his hand. Father Arcand called for a policeman, and the appellant was detained by bystanders while attempting to pursue Father Arcand. The appellant claimed he was repelling Father Arcand's hand. Father Arcand was wearing a surplice, indicating he was officiating during religious ceremonies. Procedural History: The trial court found the appellant guilty of violations of Articles 133 and 359 of the Revised Penal Code and imposed an indeterminate sentence. The Petition: The appellant appealed the decision.
Issue(s)
Whether the act of slapping a priest during religious ceremonies constitutes a violation of Article 133 of the Revised Penal Code (Acts notoriously offensive to the feelings of the faithful). Whether the act of slapping a priest during religious ceremonies constitutes a violation of Article 359 of the Revised Penal Code (Slander by deed). Whether the penalty imposed by the trial court is proper.
Ruling
The Supreme Court modified the appealed judgment. It declared the appellant guilty under Article 359 of the Revised Penal Code and sentenced him to from three months of arresto mayor, as the minimum, to one year and one day of prision correccional, as the maximum penalty, with costs. The Court found that the acts did not constitute a violation of Article 133.
Ratio Decidendi
On the issue of whether the act constitutes a violation of Article 133 of the Revised Penal Code: The Court held that the appellant's acts did not constitute a violation of Article 133. This article punishes acts performed in a place devoted to religious worship or during a religious ceremony that are notoriously offensive to the feelings of the faithful. The Court reasoned that Article 133 is distinct from the offense of insulting a minister of religion while in the performance of his functions, as indicated by the Spanish Penal Code provisions from which they were derived. The Court concluded that the specific act of slapping a priest falls under a different category of offense. On the issue of whether the act constitutes a violation of Article 359 of the Revised Penal Code: The Court opined that the act committed by the appellant falls under Article 359, which penalizes 'slander by deed.' This article covers any act, not otherwise punished, that casts dishonor, discredit, or contempt upon another person. The Court emphasized that the offended party, Father Arcand, was officiating as a priest during solemn religious ceremonies before a large congregation and was invested with sacerdotal dignity. Therefore, the act of slapping him in such circumstances was deemed to have cast the greatest possible dishonor, discredit, and contempt upon him before the faithful. On the issue of the proper penalty: The Court modified the appealed judgment, considering the serious nature of the crime charged. It found the act to be a serious offense under Article 359 and imposed a penalty of three months of arresto mayor as the minimum to one year and one day of prision correccional as the maximum, with costs. This modification reflects the Court's assessment of the gravity of the offense within the framework of Article 359.
Main Doctrine
The act of slapping a priest during religious ceremonies, which casts dishonor, discredit, and contempt upon him before a congregation, constitutes 'slander by deed' under Article 359 of the Revised Penal Code, rather than a violation of Article 133 for acts offensive to religious feelings.