Philippine E-Journals

BLASPHEMY AND THE CRIME OF OFFENDING RELIGIOUS FEELINGS VERSUS FREEDOM OF EXPRESSION: BALANCING OF RIGHTS

Brian Jerald E Paras | Louie Benedict R. Ignacio

 

Abstract:

The main objective of this research was to determine how the crime of offending religious feelings was applied and how it created an imbalance in the practice of free expression and religious freedom. This involved a survey of jurisprudence pertaining to the crime of offending religious feelings, and a review of how the latter affected theof practice free expression and religious freedom. This contains cases on how freedom of expression and religious freedom were practiced in the Philippine setup; how the crime of offending religious feelings caused an imbalance applying the “Defamations of Religions” theory and the abuse of rights doctrine. Qualitative data from offenders of the crime of offending religious feelings, high ranking religious persons, and criminal law experts were gathered from interviews. The study concluded what constitutes as notoriously offensive to religious feelings and the mechanics of the crime of offending religious feelings based on an analysis of cases and jurisprudence and the perceptions of law practitioners. It was also concluded that the crime of offending religious feelings limited free expression in a way that it does not get abused.