Cultural activist and tour guide Carlos Celdran appears before the Supreme Court on Friday, October 23, 2015 to appeal his conviction over a 2010 protest at the Manila Cathedral. YUJI VINCENT GONZALES/INQUIRER.NET FILE PHOTO
THE OFFICE of the Solicitor General (OSG) has asked the Supreme Court to acquit reproductive health advocate Carlos Celdran who was convicted of the crime of offending religious feelings for staging a solo protest inside the Manila Cathedral in 2010.
The OSG’s 16-page pleading, signed by Solicitor-General Florin Hilbay, said that Article 133 of the Revised Penal Code (RPC) which defines and penalizes the offense should be struck down as unconstitutional for violating the constitutional guarantee of freedom of speech and the non-establishment clause.
The OSG added that the prosecution also failed to prove Celdran’s guilt beyond reasonable doubt, saying RPC penalizes an act that is “notoriously offensive to the feelings of the faithful”—a higher standard than just any insult or offense to a religious person.
In the course of the trial, prosecution witnesses only gave personal reactions to the incident and none were able to identify any religious dogma, ritual or belief that they felt ridiculed or insulted, the OSG said.
On his Facebook account, Celdran welcomed the OSG’s decision to side with him and call for his acquittal.