G.R. No. L-53487
May 25, 1981
Facts
The Barangay council issued four resolutions in relation to the purchase of a patron saint image which will be used for the celebration of the town fiesta and construction of a waiting shed. Funds for the projects will be obtained by selling tickets and by donations. Thereafter, the constitutionality of the resolutions are being questioned.
Petitioners argued that the Barangay Council favored the Catholic religion by using the funds raised by solicitations and donations for the purchase of the patron saint’s wooden image and making the image available to the Catholic church.
Issue
W/N such acquisition is in violation of the non-establishment clause?
Held
No. The constitution provides that “no law shall be made respecting an establishment of religion” and that “no public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion …”
The questioned resolutions do not directly or indirectly establish any religion, nor abridge religious liberty, nor appropriate public money or property for the benefit of any sect, priest or clergyman. The image was purchased with private funds, not with tax money. Moreover, the wooden image was purchased in connection with the celebration of the barrio fiesta honoring the patron saint, San Vicente Ferrer, and not for the purpose of favoring any religion nor interfering with religious matters or the religious beliefs of the barrio residents. Barrio fiesta is a socio-religious affair.
Hence, petition is denied.