freedom of religion
EBRALINAG VS DIVISION SUPERINTENDENT
FACTS:
Two special civil actions for certiorari, Mandamus and Prohibition were filed and consolidated for raising same issue.
Petitioners allege that the public respondents acted without or in excess of their jurisdiction and with grave abuse of discretion.
Respondents ordered expulsion of 68 HS and GS students of Bantayan, Pinamungajan, Caracar, Taburan and Asturias in Cebu.
Public school authorities expelled these students for refusing to salute the flag, sing the national anthem and recite the “Panatang Makabayan” required by RA1265.
They are Jehovah’s Witnesses believing that by doing these is religious worship/devotion akin to idolatry against their teachings.
They contend that to compel transcends constitutional limits and invades protection against official control and religious freedom.
The respondents relied on the precedence of Gerona et al v. Secretary of Education. Gerona doctrine provides that we are a system of separation of thechurch and state and the flag is devoid of religious significance and it doesn’t involve any religious ceremony.
The freedom of religious belief guaranteed by the Constitution does not mean exception from non-discriminatory laws like the saluting of flag and singing national anthem.
This exemption disrupts school discipline and demoralizes the teachings of civic consciousness and duties of citizenship.
Issue: Whether or Not religious freedom has been violated.
HELD: YES
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
FACTS:
Two special civil actions for certiorari, Mandamus and Prohibition were filed and consolidated for raising same issue.
Petitioners allege that the public respondents acted without or in excess of their jurisdiction and with grave abuse of discretion.
Respondents ordered expulsion of 68 HS and GS students of Bantayan, Pinamungajan, Caracar, Taburan and Asturias in Cebu.
Public school authorities expelled these students for refusing to salute the flag, sing the national anthem and recite the “Panatang Makabayan” required by RA1265.
They are Jehovah’s Witnesses believing that by doing these is religious worship/devotion akin to idolatry against their teachings.
They contend that to compel transcends constitutional limits and invades protection against official control and religious freedom.
The respondents relied on the precedence of Gerona et al v. Secretary of Education. Gerona doctrine provides that we are a system of separation of thechurch and state and the flag is devoid of religious significance and it doesn’t involve any religious ceremony.
The freedom of religious belief guaranteed by the Constitution does not mean exception from non-discriminatory laws like the saluting of flag and singing national anthem.
This exemption disrupts school discipline and demoralizes the teachings of civic consciousness and duties of citizenship.
Issue: Whether or Not religious freedom has been violated.
HELD: YES
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