University of the Philippines College of Law

Block F2022

OBLICON

Topic Crimes against religious worship

Case No. No. 10365-CR; February 24, 1972

People of the Philippines, plaintiff-apellee

Case Name vs
Epifanio Nanoy, defendant-appellant

Ponente Fernandez, J.;

RELEVANT FACTS

 On April 27, 1969, Epifanio Nanoy, who was allegedly drunk, entered with uplifted hands the chapel of
the congregation of the Assembly of God while having their afternoon services.
 Nanoy approached one Levita Lapura and attempted to grab her. Lapura ran away from him, and as a
result, the other members of the sect also ran out of the church and the religious services were
discontinued. Nanoy was then held and led outside the church.
 The trial court found Nanoy guilty of disturbance or interruption of a religious ceremony under Article
153 of the RPC and was sentenced to 10 months and 21 days of imprisonment and to pay a fine of P50,
without prejudice to subsidiary imprisonment in case of insolvency.
 Nanoy argued that he was only guilty of unjust vexation.

ISSUE

 W/N Nanoy is guilty of interruption of a religious ceremony.

RATIO DECIDENDI

Issue Ratio

W/N Nanoy is NO.

guilty of
interruption of a The appellant did not perform acts notoriously offensive to the feelings of the faithful.
religious Neither did he cause such a serious disturbance as to interrupt the services of the
ceremony. congregation. All that the appellant did was to enter the chapel with uplifted hands and
attempt to grab the song leader.

The lack of intention of interrupting the church’s services was shown by the fact that Nanoy
allowed himself to be led outside the Church. Hence, Nanoy was only guilty of unjust
vexation penalized under Article 287 of the RPC.
 University of the Philippines College of Law

Block F2022

OBLICON

RULING

Wherefore, the decision appealed from is hereby modified in that the accused-appellant is found guilty
of only unjust vexation and sentenced to pay a fine of One Hundred Pesos (P100.00) with subsidiary
imprisonment in case of insolvency at the rate of one day for each eight pesos and the costs. So
ordered.