Professional Documents
Culture Documents
Freedom of Religion
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Aglipay v. Ruiz
64 Phil 201
1.
SIMILARITIES
2.
3.
4.
Ebralinag v. Division
Estrada v. Escritor
408 SCRA 1 / 492 SCRA 1
COMELEC
Superintendent of Schools of Cebu
618 SCRA 32
219 SCRA 256 / 251 SCRA 569
It is explained in these cases the assurance of religious freedom under the Constitution that principally consists of two (2)
guarantees:
Establishment Clause - prohibits the state from sponsoring any religion, or favoring any religion as against other religions. It
mandates a strict neutrality in affairs among religious group.
Free Exercise Clause under this guarantee, the state is prohibited from unduly interfering with the outward manifestations of
ones belief and faith. It extends protection to both beliefs and unbeliefs.
GENERAL RULE: The individual is free to believe as he pleases concerning the hereafter. He may indulge his own theories about life
and death; worship any god he chooses, or none at all. (Freedom to believe)
EXCEPTION: But where the individual externalizes his beliefs in acts or omissions that affect the public, his freedom to do so
becomes subject to the authority of the state. (Freedom to act)
Adherence to the benevolent neutrality approach, where an exemption is sought from a law of general applicability that
inadvertently burdens religious exercise.
The morality referred to in the law is public and necessarily secular, not religious. Religious teachings may influence the civil
public order but public moral disputes may be resolved only on grounds articulable in secular terms.
1.
DIFFERENCES
2.
Aglipay
seeks
the
issuance of a writ of
prohibition
against
respondent Director of
Posts from issuing and
selling postage stamps
commemorative of the
33rd
International
Eucharistic
Congress
contending that such act
is a violation of the
Constitutional provision
a result of the principle of
the separation of church
and state, for the purpose
of avoiding the occasion
wherein the state will use
the church, or vice versa,
as a weapon to further
their ends and aims.
Director of posts contends
that such issuance is in
accordance to Act No.
4052, providing for the
appropriation funds to
respondent
for
the
production and issuance
of postage stamps as
would be advantageous to
the government.
1.
2.
1.
2.
3.
4.
3.
4.
religious beliefs.
3.
4.
RULING
It was grave violation of Although petitioners do not take The Court does not and
Non-establishment
part in the flag ceremony, they
cannot say that her conduct
do not, however, engage in
should
be
made
clause for the COMELEC
external acts or behavior that
reprehensible in the realm of
to utilize any religious
would offend their countrymen
her church where it is
dogma, like the Bible
who
express
their
love
of
country
presently sanctioned and
and the Koran to justify
through flag ceremony. They
that she is answerable for
the exclusion of Ang
quietly stand at attention during
her immorality to Jehovah
Ladlad.
the flag ceremony to show
God nor that other religions
respect for the right of those who
prohibiting her conduct are
Moral
disaaproval,
participate
in
the
solemn
correct.
without more, is not a
proceedings. There is no warrant
sufficient governmental
for their expulsion.
In any event, even if the court
interest
to
justify
deems
sufficient
exclusion
of The expulsion will violate their
respondents evidence on the
homosexuals
from
right
as
citizens
of
the
sincerity of her religious
participation
in
the
Philippines,
under
the
belief and centrality to her
party-list system.
constitution, to receive free
faith, the case at bar cannot
education, because it is the duty
still be decided using the
of the State to protect and
compelling state interest
promote the right of all citizens
test.
to quality education and to make
such education accessible to all.