MARTIN CENTENO, vs. HON. VICTORIA VILLALON-PORNILLOS, Presiding Judge of the Regional Trial Court of Malolos, Bulacan, Branch 10, and THE PEOPLE OF THE PHILIPPINES.
- G.R. Number: G.R. No. 113092
- Promulgated: 1994-09-01
- Ponente: Regalado, J.
Doctrine
The phrase "charitable purposes" must not be construed to encompass religious purposes; fund drives for construction or repair of a church are religious, not necessarily charitable or public-welfare solicitations.
The State may regulate solicitation under its police power to protect the public from fraud, but such authority is circumscribed when the solicitation is of a different character (i.e., religious) than that which the regulation targets.
Facts
In late 1985 officers of Samahang Katandaan ng Nayon ng Tikay conducted a fund drive to renovate a chapel in Barrio Tikay, Malolos, Bulacan; petitioner Martin Centeno, chairman, and another approached Judge Adoracion G. Angeles and solicited P1,500 without a DSWD permit.
Petitioner was fined P200.00 by the lower court for solicitation without the required permit; the fine was eventually appealed to the Supreme Court.
The case raises a question of principle whether soliciting for religious purposes falls within the coverage of Presidential Decree No. 1564's regulation of charitable solicitations.
Issues
Whether the phrase "charitable purposes" in PD No. 1564 should be construed broadly to include a religious purpose.
Ruling
The Court held that "charitable purposes" does not include religious purposes; accordingly the decision appealed from is reversed and petitioner Martin Centeno is acquitted, with costs de oficio.
Keywords
G.R. No. 113092, Presidential Decree No. 1564, Solicitation Permit Law, solicitation for religious purposes, charitable purposes, public welfare purposes, criminial case, statutory construction, expressio unius est exclusio alterius, penal laws, strictly against the State, liberally in favor of the accused, freedom of religion, Article VI Section 28 (3) of the 1987 Constitution, Act No. 4075, National Internal Revenue Code Sections 26(e) and 28(8)(E), Corporation Code Section 88, Local Government Code Section 234(b), statutory interpretations, presidential decree