German v. Barangan Digest

German v. Barangan
G.R. No. L-68828 March 27, 1985
Escolin, J.:

Facts:

1. In the afternoon of October 2, 1984, petitioners, composed of about 50 businessmen, students and office employees converged at J.P. Laurel Street, Manila, for the purpose of hearing Mass at the St. Jude Chapel which adjoins the Malacañang grounds located in the same street. Wearing yellow T-shirts, they started to march down with raised clenched fists and shouts of anti-government invectives. The marchers were barred by respondent Major Lariosa, upon orders of his superiors and co-respondent Gen. Santiago Barangan, from proceeding any further, on the ground that St. Jude Chapel was located within the Malacañang security area. Despite plea, they were not allowed in the church. 

2. Because of the alleged warning given them by respondent Major Lariosa that any similar attempt by petitioners to enter the church in the future would likewise be prevented, petitioners took this present recourse. 

3. Petitioners' alleged purpose in converging at J.P. Laurel Street was to pray and hear mass at St. Jude church. At the hearing of this petition, respondents assured petitioners and the Court that they have never restricted, and will never restrict, any person or persons from entering and worshipping at said church. They maintain, however, that petitioners' intention was not really to perform an act of religious worship, but to conduct an anti-government demonstration at a place close to the very residence and offices of the President of the Republic. 

4. Invoking their constitutional freedom to religious worship and locomotion, petitioners seek the issuance of [1] a writ of mandamus to compel respondents to allow them to enter and pray inside St. Jude Chapel located at J.P. Laurel Street, Manila; and [2] a writ of injunction to enjoin respondents from preventing them from getting into and praying in said church.

ISSUE: Whether or not the restriction to petitioners to attend church is a violation of their freedom to religious worship

NO. 

1. The restriction imposed on the use of J.P. Laurel Street, was established in the interest of national security. Petitioners are not denied or restrained of their freedom of belief or choice of their religion, but only in the manner by which they had attempted to translate the same into action. This curtailment is in accord with the pronouncement of this Court in Gerona v. Secretary of Education.

2. While it is beyond debate that every citizen has the undeniable and inviolable right to religious freedom, the exercise thereof, and of all fundamental rights for that matter, must be done in good faith. As Article 19 of the Civil Code admonishes: "Every person must in the exercise of his rights and in the performance of his duties ... observe honesty and good faith."