G.R. No. L-45459 March 13, 1937
GREGORIO AGLIPAY, petitioner, vs.
JUAN RUIZ, respondent.
1. Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, seeks the issuance from this court of a writ of prohibition to prevent the respondent Director of Posts from issuing and selling postage stamps commemorative of the Thirty-third International Eucharistic Congress. 2. the Director of Posts:
a. announced in the dailies of Manila that he would order the issues of postage stamps commemorating the celebration in the City of Manila of the Thirty-third international Eucharistic Congress, organized by the Roman Catholic Church. 3. Petitioner:
a. in the fulfillment of what he considers to be a civic duty, requested Vicente Sotto, Esq., member of the Philippine Bar, to denounce the matter to the President of the Philippines. 4. Respondent:
a. In spite of the protest of the petitioner's attorney, publicly announced having sent to the United States the designs of the postage stamps for printing 5. Postage Stamps:
a. In the center is chalice, with grape vine and stalks of wheat as border design. The stamps are blue, green, brown, cardinal red, violet and orange, 1 inch by 1,094 inches. The denominations are for 2, 6, 16, 20, 36 and 50 centavos b. issued and sold though the greater part thereof, to this day, remains unsold. The further sale of the stamps is sought to be prevented by the petitioner herein. 6. Solicitor General Contention:
a. the writ of prohibition is not the proper legal remedy in the instant case, although he admits that the writ may properly restrain ministerial functions i. generally, prohibition as an extraordinary legal writ will not issue to restrain or control the performance of other than judicial or quasi-judicial functions b. The terms "judicial" and "ministerial" used with reference to "functions" in the statute are undoubtedly comprehensive and include the challenged act of the respondent Director of Posts in...
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