People of the Philippines vs.

Epifanio Nanoy, alias Nanie (02-241972)

GR No. 10365-CR
Ponente: Santiago B. Buslon, J.
Action: APPEAL from a judgment of the MTC of Jetafe, Bohol

SHORT STORY: Nanoy, who was allegedly drunk, entered into the chapel of the congregation of the
Assembly of God while it was having its afternoon services and attempted to grab the song leader. As a
result, everyone ran out of the church and the religious services were discontinued. He was charged with
the crime of offending religious feelings. After appeal, the court held that he was only guilty of unjust
vexation.
FACTS:

While the congregation of the Assembly of God was having its afternoon services in its chapel, accused Epifanio
Nanoy, who was drunk, entered with uplifted hands, approached Levita Lapura, the song leader, and attempted to
grab her.

Levita Lepura ran away from Nanoy. Romeo Zafra, also a member of said congregation, held the accused and led
him outside the church.

The other members of the sect also ran out of the church and the religious services were discontinued.

Accused was charged with the crime of offending religious feelings penalized under Art. 133 of the RPC. The
complaint alleged that he had the intention of stopping the said rite in an unholy manner.

Trial court found Nanoy guilty of disturbance or interruption of a religious ceremony, penalized under A153 of the
RPC and sentenced him to 10 months and 21 days of imprisonment, plus a fine of Php50 with subsidiary
imprisonment in the case of insolvency.

Accused appealed, arguing that the offense, if any is unjust vexation.

ISSUE/S
1. WON the TC erred in convicting Nanoy of disturbance or interruption of a religious ceremony.

WON the offense was unjust vexation.

RULES

Art. 133. Offending the religious feelings. The penalty of arresto mayor in its maximum period to prision
correccional 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.

There must be deliberate intent to hurt the feelings of the faithful.

ANALYSIS
1. YES. The appellant did NOT perform acts notoriously offensive to the feelings of the faithful. Neither did he cause
such a serious disturbance as to interrupt or disturb the services of the said congregation. That he had no

intention of interrupting the services was shown by the fact that appellant allowed himself to be led outside the
church by Zomeo Zafra.

CONCLUSION/HELD/DISPOSITIVE:
Decision MODIFIED. Accused-appellant guilty of only unjust vexation and sentenced to pay a fine of Php100
with subsidiary imprisonment in case of insolvency.