Ebralinag v. Division Superintendent | |||||
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Court | Supreme Court of the Philippines en banc | ||||
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Decided | March 1, 1993 | ||||
G.R. numbers | 95770, et al. | ||||
Citation | 219 SCRA 256 | ||||
Case history | |||||
Prior action(s) | None, Supreme Court was first instance of both consolidated petitions | ||||
Subsequent action(s) | Motion for reconsideration denied December 29, 1995 | ||||
Questions presented | |||||
Whether school children who are members or a religious sect may be expelled from school (both public and private) for refusing to take part in a school flag ceremony owing to their religious beliefs | |||||
Holding | |||||
Ponente | Carolina Griño-Aquino, joined by Andres Narvasa, Florentino Feliciano, Abdulwahid Bidin, Florenz Regalado, Hilario Davide Jr., Flerida Ruth Pineda-Romero, Rodolfo Rocon, Josue Bellosilo, Jose Melo, Jose Campos | ||||
Religious freedom is fundamental right for which is entitled to the highest priority and the amplest protection among human rights. 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. | |||||
Concurrence | Isagani Cruz | ||||
Concurrence | Teodoro R. Padilla | ||||
Camilo Quiason and Hugo Gutierrez Jr. took no part in the consideration or decision of the case. | |||||
Laws applied | |||||
Republic Act No. 1265 Department Order No. 8, Series of 1955 | |||||
This case overturned a previous ruling | |||||
Gerona v. Secretary of Education | |||||
Keywords | |||||
Freedom of religion |
Ebralinag v. Division Superintendent (219 SCRA 256, G.R. No. 95770 et al. (1993) was a landmark decision of the Supreme Court of the Philippines concerning freedom of religion in schools. It involved 68 pupils from the towns of Asturias, Daanbantayan, Pinamungajan, Tuburan and Carcar, all in the province of Cebu, who were Jehovah's Witnesses expelled for refusing to sing the national anthem, salute the flag and recite the patriotic pledge in school as required by law. [1] [2] This ruling overturned the court's previous ruling on the same subject in Gerona v. Secretary of Education. [3] [4] [5]
Sixty-eight high school and grade school students, all of whom were adherents of the non-trinitarian/Restorationist Christian sect, Jehovah's Witnesses, were expelled from their public schools in various towns in Cebu: Asturias, Daanbantayan, Pinamungajan, Carcar and Tuburan, for refusing to sing the national anthem, salute the flag and recite the patriotic pledge as required under Republic Act No. 1265 and Department Order No. 8, Series of 1955. Two teachers, one from each school, were also adherents of the same sect, and were removed from their positions for the same offense: one was fired and the other was forced to resign.
As practicing Jehovah's Witnesses, they were taught the practice of refraining from saluting the flag, singing the national anthem and reciting the patriotic pledge, on the belief that such constitute an "act of worship" or "religious devotion", which they cannot conscientiously participate in unless it is for God; they also believe that the action of flag salute and pledge transcends constitutional limitation into state power and invades the spirit which the Constitution protects against official control.
In 1989 the Department of Education, Culture and Sports (DECS) Regional Office in Cebu received complaints about Jehovah's Witnesses-affiliated teachers and pupils who were refusing to sing the national anthem, salute the national flag and recite the patriotic pledge. Division Superintendent Susana Cabahug and Assistant Division Superintendent Dr. Atty. Marcelo Bacalso wrote a division memorandum recalling the previous Supreme Court's decision Gerona v. Secretary of Education, rebuking and condemning the pupils and teachers who refused to do so. Cebu school officials created a number of ways to persuade students to obey the memorandum; on one occasion, pupils at Buenavista Elementary School were asked to sign an agreement to sing the national anthem and recite the Patriotic Oath. Daanbantayan district supervisor Manuel F. Biongcog ordered the expulsion of the students who refused to pledge, stating that those who "opted to follow their religious belief against the Flag Salute Law" were "forfeit[ing] their right to attend public schools. [6]
When the expulsion order came into effect on October 23, 1990, 43 of the expelled students wrote a petition to Secretary of Education Isidro Cariño, but no answer was received. The petition of the 25 students in G.R. No. 95887 were also expelled because the new division superintendent of schools, Dr. Pablo Antopina, did not recall the expulsion orders and caused expulsion of more children of Jehovah Witnesses instead. The parents of the students filed for specific civil actions for mandamus, certiorari and prohibition on October 31, 1990, alleging that the public acted in or without in excess of their jurisdiction and with grave abuse of discretion. On November 27, 1990, the Supreme Court issued a temporary restraining order and a writ of preliminary mandatory injunction commanding the respondents to immediately re-admit the petitioners to their respective classes until the further orders from the court. [2]
On May 13, 1991, the Solicitor General filed a consolidated comment to the petitioners defending the expulsion orders issued by the public respondents that says:
Three questions were presented:
The Supreme Court ruled in favor of Ebralinag and the other expelled students, with the court ruling that "a similar exemption may be accorded to the Jehovah's Witnesses with regard to the observance of the flag ceremony out of respect for their religious beliefs, however 'bizarre' those beliefs may seem to others. Nevertheless, their right not to participate in the flag ceremony does not give them a right to disrupt such patriotic exercises." The Supreme Court further contended that the expulsion orders of the students who were members of Jehovah's Witnesses violated their right as a Filipino citizen under Section 1, Article 14 of the 1987 Constitution that seeks to "protect and promote the right of all citizens to quality education.....and to make such education accessible to all." [7] The court also declared that the expulsion order was unconstitutional and violated their right of freedom of religion. [8]
In his concurring opinion, Associate Justice Isagani Cruz said that "..freedom of choice guarantees the liberty of the religious conscience and prohibits any degree of any compulsion or burden, whether direct or indirect, in the practice of one's religion." [9]
Jehovah's Witnesses is a nontrinitarian, millenarian, restorationist Christian denomination. In 2023, the group reported approximately 8.6 million members involved in evangelism, with around 20.5 million attending the annual Memorial of Christ's death. Jehovah's Witnesses believe that the destruction of the present world system at Armageddon is imminent, and the establishment of God's kingdom over earth is the only solution to all of humanity's problems.
The Pledge of Allegiance is a patriotic recited verse that promises allegiance to the flag of the United States and the republic of the United States of America. The first version was written in 1885 by Captain George Thatcher Balch, a Union Army officer in the Civil War who later authored a book on how to teach patriotism to children in public schools. In 1892, Francis Bellamy revised Balch's verse as part of a magazine promotion surrounding the World's Columbian Exposition, which celebrated the 400th anniversary of Christopher Columbus' arrival in the Americas. Bellamy, the circulation manager for The Youth's Companion magazine, helped persuade then-president Benjamin Harrison to institute Columbus Day as a national holiday and lobbied Congress for a national school celebration of the day. The magazine sent leaflets containing part of Bellamy's Pledge of Allegiance to schools across the country and on October 21, 1892, over 10,000 children recited the verse together.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being compelled to salute the American flag or say the Pledge of Allegiance in public schools.
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943).
Christianity is the predominant religion in the Philippines, with the Catholic Church being its largest denomination. Sizeable minorities adhering to Islam, Dharmic religions, and indigenous Philippine folk religions are also present.
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Jehovah's Witnesses believe that God's kingdom is a literal government in heaven, ruled by Jesus Christ and 144,000 "spirit-anointed" Christians drawn from the earth, which they associate with Jesus' reference to a "new covenant". The kingdom is viewed as the means by which God will accomplish his original purpose for the earth, transforming it into a paradise without sickness or death. It is said to have been the focal point of Jesus' ministry on earth. They believe the kingdom was established in heaven in 1914, and that Jehovah's Witnesses serve as the kingdom's representatives on earth.
Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines.
The beliefs and practices of Jehovah's Witnesses have engendered controversy throughout their history. Consequently, the denomination has been opposed by local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses heretical, and some professors of religion have classified the denomination as a cult.
The Patriotic Oath is one of two national pledges of the Philippines, the other being the Pledge of Allegiance to the Flag. It is commonly recited at flag ceremonies of schools—especially public schools—immediately after singing the Philippine national anthem but before reciting the Pledge of Allegiance to the Flag.
The Pledge of Allegiance to the Philippine Flag, or simply the Pledge to the Philippine Flag, is the pledge to the flag of the Philippines. It is one of two national pledges, the other being the Patriotic Oath, which is the Philippine national pledge.
The Pledge of Allegiance of the United States has been criticized on several grounds. Its use in government funded schools has been the most controversial, as critics contend that a government-sanctioned endorsement of religion violates the Establishment Clause of the First Amendment to the U.S. Constitution. Arguments against the pledge include that the pledge itself is incompatible with democracy and freedom, that it is a form of nationalistic indoctrination, that pledges of allegiance are features of current and former totalitarian states such as Nazi Germany, and that the pledge was written to sell flags.
Knocking is a 2006 documentary film directed by Joel Engardio and Tom Shepard that focuses on the civil liberties fought for by Jehovah's Witnesses. It focuses primarily on the stories of three Jehovah's Witnesses, and how their lives demonstrate three fundamental Witness teachings that have affected society in general: Conscientious objection, and rejection of blood transfusions and saluting the flag.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". George Washington stressed freedom of religion as a fundamental American principle even before the First Amendment was ratified. In 1790, in a letter to the Touro Synagogue, he expressed the government “gives to bigotry no sanction” and “to persecution no assistance." Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
Throughout the history of Jehovah's Witnesses, their beliefs, doctrines, policies and practices have engendered controversy and opposition from governments, communities, and religious groups. Many Christian denominations consider their doctrines to be heretical, and some religious leaders have labeled Jehovah's Witnesses a cult. Members of the denomination have also met with objection from governments for refusing to serve in the military, particularly in times of war. Many individuals consider their door-to-door preaching to be intrusive. These issues have led to persecution of Jehovah's Witnesses in various countries, including the United States.
The 2021 census noted that Kazakhstan is 69.31% Muslim, 17.19% Christian, 11.25% other religious beliefs and 2.25% no religious belief.
The Bulgarian constitution states that freedom of conscience and choice of religion are inviolable and prohibits religious discrimination; however, the constitution designates Eastern Orthodox Christianity as the "traditional" religion of the country.
Article 15 of the Constitution of the Republic of Singapore guarantees freedom of religion in Singapore. Specifically, Article 15(1) states: "Every person has the right to profess and practise his religion and to propagate it."
This article incorporates text from a free content work.Licensed under Creative Commons Attribution-Non Commercial 4.0 Philippine license.( license statement/permission ).Text taken from G.R. No. 95770 ,Supreme Court of the Philippines,The Lawphil Project.