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G.R. L-9637 American Bible Society v. City of ManilaCONSTITUTIONAL LAW; RELIGIOUS FREEDOM; DlSSEMINATION OF RELIGIOUS INFORMATION, WHEN MAY BE RESTRAINED; PAYMENT OF LlCENSE FEE, IMPAIRS FREE EXERCISE OF RELIGION.—The consti-tutional guaranty of the free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious information. Any restraint of such right can only be justified like other restraints of freedom of expression on the grounds that there is a clear and present danger of any substantive evil which the State has the right to prevent." (Tañada and Fernando on the Constitution of the Philippines, Vol. I, 4th ed., p. 297).In the case at bar, plaintiff is engaged in the distribution and sales of bibles and religious articles. The City Treasurer of Manila informed the plaintiff that it was conducting the business of general merchandise without providing itself with the necessary Mayor's permit and municipal license, in violation of Ordinance No. 3000, as amended, and Ordinance No. 2529, as amended, and required plaintiff to secure the corresponding permit and license. Plaintiff protested against this requirement and claimed that it never made any profit from the sale of its bibles. Held: It is true the price asked for the religious articles was in some instances a little bit higher than the actual cost of the same, but this cannot mean that plaintiff was engaged in the business or occupation of selling said "merchandise" for profit. For this reasons, the provisions of City Ordinance No. 2529, as amended, which requires the payment of license fee for conducting the business of general merchandise, cannot be applied to plaintiff society, for in doing so, it would impair its free exercise and enjoyment of its religious profession and worship, as well as its rights of dissemination of religious beliefs. Upon the other hand, City Ordinance No. 3000, as amended, which requires the obtention of the Mayor's permit before any person can engage in any of the businesses, trades or occupations enumerated therein, does not impose any charge upon the enjoyment of a right granted by the Constitution, nor tax the exercise of religious practices. Hence, it cannot be considered unconstitutional, even if applied to plaintiff Society. But as Ordinance No. 2529 is not applicable to plaintiff and the City of Manila is powerless to license or tax the business of plaintiff society involved herein, for the reasons above stated, Ordinance No. 3000 is also inapplicable to said business, trade or occupation of the plaintiff. [American Bible Society vs. City of Manila,, 101 Phil. 386(1957)]
Citation preview
American Bible Society v.
City of Manila
G.R. L-9637, penned by J.
Felix (1957)
FACTSISSUES &
COURT RULING
PARTIES
American Bible has been
distributing and selling bibles
and gospels, concordance
throughout the Philippines
which are translated in
Filipino.
Respondent City of Manila is
a municipal corporation with
powers that are to be
exercised within the Revised
Charter of City of Manila.
The City Treasurer of Manila informed
the American Bible that it was
conducting the business of general
merchandise without:
(1) municipal permit (Ordinance 3000)
(2) license fees (Ordinance 2529)
Is Ordinance 3000 valid?
(Obtaining of municipal
licence/ Mayor s permit to conduct business)
Is Ordinance 2529 valid?
(which taxes any business,
trade, occupation conducted
in Manila)
IT IS INVALID AND UNCONSTITUTIONAL
because it restrains the free exercise and
enjoyment of the religious profession and
worship of appellant.
On the issue whether taxing the business of
American Bible and its free exercise of
religion as SEPARATE actions, the court
ruled that the power to tax the exercise of a privilege is the power to control or suppress
its enjoyment
To tax is to destroy
Article III Sec. 1 clause 7 of the Constitution
also guarantees the freedom of religious
profession and worshipwhich in turn carries with it the right to disseminate
religious information.
VALID
In Coleman v. Griffin, it is ruled that the
obtaining of a municipal tax does not deprive
the defendant of his constitutional right of the
free exercise and enjoyment of religious
profession and worship.
G.R. L-9637 American Bible Society v. City of Manila.vsdxPage-1