Ebralinag v Division
Superintendent
G.R. No. 95770 March 1, 1993
FREEDOM OF
RELIGION
FACTS:
Petitioners
are members of the Jehovah's Witnesses and believed that they should not salute
the flag as required by Republic Act No. 1265 (An Act making flag ceremony
compulsory in all educational institutions) of July 11, 1955 , and by Department
Order No. 8 (Rules and Regulations for Conducting the Flag Ceremony in All
Educational Institutions) dated July 21, 1955 of the Department of Education,
Culture and Sports (DECS)making the flag ceremony compulsory in all educational
institutions because it was in their view an "image" to which the
Bible prohibited them from rendering respect or obeisance.
All the
petitioners in these two cases were expelled from their classes by the public
school authorities in Cebu for refusing to salute the flag, sing the national
anthem and recite the patriotic pledge. Jehovah's Witnesses admittedly teach
their children not to salute the flag, sing the national anthem, and recite the
patriotic pledge for they believe that those are "acts of worship" or
"religious devotion" which they "cannot conscientiously give to
anyone or anything except God”. They feel bound by the Bible's command to
"guard ourselves from idols. They consider the flag as an image or idol
representing the State. They think the action of the local authorities in
compelling the flag salute and pledge transcends constitutional limitations on
the State's power and invades the sphere of the intellect and spirit which the
Constitution protects against official control.
ISSUE:
Whether
school children who are members of a religious sect known as Jehovah's
Witnesses may be expelled from school (both public and private), for refusing,
on account of their religious beliefs, to take part in the flag ceremony which
includes playing (by a band) or singing the Philippine national anthem,
saluting the Philippine flag and reciting the patriotic pledge.
HELD:
(1) Religious freedom is a fundamental right which is entitled to the
highest priority and the amplest protection among human rights, for it involves
the relationship of man to his Creator. The right to religious profession
and worship has a two-fold aspect, freedom to believe and freedom to act on
one's belief. The first is absolute as long as the belief is confined within
the realm of thought. The second is subject to regulation where the belief is
translated into external acts that affect the public welfare.
(2) Since they do not engage in disruptive behavior, there is no
warrant for their expulsion. The sole justification for a prior restraint or
limitation on the exercise of religious freedom is the existence of a grave and
present danger of a character both grave and imminent, of a serious evil to
public safety, public morals, public health or any other legitimate public
interest, that the State has a right (and duty) to prevent." Absent such a
threat to public safety, the expulsion of the petitioners from the schools is
not justified.
(3) We are not persuaded that by exempting the Jehovah's Witnesses,
this religious which admittedly comprises a "small portion of the school
population" will shake up our part of the globe and suddenly produce a
nation "untaught and uninculcated in and unimbued with reverence for the
flag, patriotism, love of country and admiration for national heroes. After
all, what the petitioners seek only is exemption from the flag ceremony, not
exclusion from the public schools where they may study the Constitution, the
democratic way of life and form of government, and learn not only the arts,
science, Philippine history and culture but also receive training for a
vocation or profession and be taught the virtues of "patriotism, respect for
human rights, appreciation for national heroes, the rights and duties of
citizenship, and moral and spiritual values.
(4) Forcing a small religious group, through the iron hand of the law,
to participate in a ceremony that violates their religious beliefs, will hardly
be conducive to love of country or respect for duly constituted authorities.
The expulsion of members of Jehovah's Witnesses from the schools where they are
enrolled will violate their right as Philippine citizens, under the 1987
Constitution, to receive free education, for it is the duty of the State to
"protect and promote the right of all citizens to quality education and to
make such education accessible to all.
(5) While the highest regard must be afforded their right to the
exercise of their religion, "this should not be taken to mean that school
authorities are powerless to discipline them" if they should commit
breaches of the peace by actions that offend the sensibilities, both religious
and patriotic, of other persons. If they quietly stand at attention during the
flag ceremony while their classmates and teachers salute the flag, sing the
national anthem and recite the patriotic pledge, we do not see how such conduct
may possibly disturb the peace, or pose "a grave and present danger of a serious
evil to public safety, public morals, public health or any other legitimate
public interest that the State has a right. The petition for certiorari and
prohibition is GRANTED. The expulsion orders issued by the public respondents
against the petitioners are hereby ANNULLED AND SET ASIDE.
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