Secularism in the Philippines

Last updated

San Miguel Church, also known as Malacanang Church due to its proximity to the Malacanang Palace. San Miguel Church, Manila City.jpg
San Miguel Church, also known as Malacañang Church due to its proximity to the Malacañang Palace.

Secularism in the Philippines concerns the relationship of the Philippine government with religion. Officially the Philippines is a secular state, but religious institutions and religion play a significant role in the country's political affairs. [1] Legal pluralism also persist with the application of Islamic personal laws for the country's Muslim population.

Contents

The Philippine government follows the doctrine of "benevolent neutrality" which affirms accommodation of religious exercises is not necessarily contrary to the Constitution. [2]

History

Spanish colonial era

Catholicism served as a motive for the Spanish colonization of the Philippines in the 16th century. The Philippines became a Spanish colony in 1565, following the Magellan expedition's stopover in the islands in 1521. Religion played a significant role in the colony's governance. Due to the distance of the Philippines from the Iberian peninsula, Spain had to rely on network of parishes and monastic orders for governance of the archipelago. [3] The clergy had more de facto power over secular authorities. [4] As a result of the intertwined relations of the secular colonial government and the Catholic Church, the Philippine Revolution which started in 1896 were both based on anti-colonial and anti-clerical grievances. [5]

The Malolos Constitution adopted in 1899 for a Philippine revolutionary state explicitly takes a position against the establishment of a state religion. The document states that "The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the State". There was a failed attempt to name Roman Catholicism as a state religion which would allow the practice of other religions as they were practiced privately and "did not endanger the security of the State". The separation clause was immediately suspended however by the constitution's proponents following the outbreak of the Philippine–American War. [6]

United States colonial administration

Spain agreed to cede the Philippines and its other colonies to the United States in the 1898 Treaty of Paris following the aftermath of the Spanish-American War. The United States eventually gained control of the Philippines and made it its colony. The U.S. Congress enacted several "organic acts" for the Philippines which consistently had provisions apt for a secular state largely based on the American Bill of Rights. 1935 Constitution of the Philippines Commonwealth also mandates the separation of church and state. [7]

Contemporary era

The Philippines became an independent Republic in 1946, its Constitution retain the provision on the separation of church and state. The 1973 Constitution adopted during the martial law era under President Ferdinand Marcos and the current Constitution adopted under President Corazon Aquino in 1987 also carried over this provision. [8]

Benevolent neutrality

The PhilPost publication of a postal stamp commemorating the Iglesia ni Cristo Centennial was legally challenged and was alleged to be in violation of the separation of church and state clause of the Constitution. The Supreme Court ruled the printing of the stamps constitutional under "benevolent neutrality". The high court ruled that the government did not enndorse, nor encourage Filipinos to join INC through the printing of the stamp. Felix Manalo 2014 stamp of the Philippines.jpg
The PhilPost publication of a postal stamp commemorating the Iglesia ni Cristo Centennial was legally challenged and was alleged to be in violation of the separation of church and state clause of the Constitution. The Supreme Court ruled the printing of the stamps constitutional under "benevolent neutrality". The high court ruled that the government did not enndorse, nor encourage Filipinos to join INC through the printing of the stamp.

Philippine law follows the doctrine of "benevolent neutrality" which was affirmed in the Supreme Court ruling in Estrada v. Escritor. The doctrine "recognizes the religious nature of the Filipino people and the elevating influence of religion in society; at the same time, it acknowledges that [the] government must pursue its secular goals" and that the policy "incorporates the Constitutional principle of separation of the Church and the State while recognizing the people’s right to express their belief or nonbelief of a Supreme Being" [2]

Issues

Holidays

Religious observances are recognized as public holidays namely the Christian holidays of Maundy Thursday, Good Friday, All Saints Day, and Christmas and the Muslim observance of Eid al-Fitr. [9]

Education

Despite the mandate of separation of church and state by the constitution, public schools are allowed to hold religion classes if the students' guardians request it. Under the Department of Education's policies, "Values Education" subject may be taught. Although distinct from the allowed "optional religious instruction", some schools teach Values Education with a Roman Catholic undertone. Due to most public school teachers being Roman Catholic, in some classrooms the image of the Virgin Mary is displayed and the practice of conducting prayers before classes is largely tolerated. [10]

Islamic schools began to proliferate in Mindanao in the 1920s. The Philippine national government began integrating Islamic education into the mainstream education system in the 1970s. [10]

Marriage

The status of divorce being illegal in the Philippines is largely due to the influence of the Roman Catholic Church. The only other country to ban divorce is the Vatican City. It was legal in the Philippines during the American colonial period and the Japanese occupation during the World War II era. It became illegal with the enactment of the 1949 Civil Code. Couples could only file for legal separation or had their marriage voided through annulment. Muslims meanwhile are allowed to divorce. [11]

Role of Islam

Map depicting the jurisdiction of sharia district courts in Mindanao. Sharia District Courts of the Philippines.svg
Map depicting the jurisdiction of sharia district courts in Mindanao.

The Constitution provides explicit concession to Muslims, who are a minority in the Philippines, when it comes to state neutrality. It allows the Congress to enact "special courts with personal, family, and property law" for an autonomous region in Muslim Mindanao. This is implemented through Code of Muslim Personal Law. [8] [12] This is to accommodate the Moro ethnic group whose customs and traditions are largely reliant in Islam. [12] The Code of Muslim Personal Laws in 1977 was enacted by President Ferdinand Marcos as an appeasement to the Moro independence movement which emerged in the late 1960s. It also provides for the establishment of Sharia district and circuit courts to cover personal affairs of Muslims in select localities in Mindanao. The Sharia court system became active in 1985. [13]

The Islamic holiday of Eid al-Fitr has been a regular national public holiday since 2002. The status of the observance is by virtue of Republic Act 9177 and Presidential Proclamation 1083. [14]

In Bangsamoro, Islam plays a significant role in the region. The interim government led by Murad Ebrahim pursued a policy of "moral governance" which is based on "moral virtues in Islam" noting that the Quran provides moral teachings address to the whole of mankind and not just to Muslims. Ebrahim, however is careful to not characterize the policy as equating to an official plan of establishing an Islamic government in the region. [15] [16]

See also

Related Research Articles

Politics in the Philippines are governed by a three-branch system of government. The country is a democracy, with a president who is directly elected by the people and serves as both the head of state and the head of government. The president serves as the leader of the executive branch and is a powerful political figure. A president may only hold office for one six-year term. The bicameral Congress consists of two separate bodies: the Senate, with members elected at-large across the country, and the larger House of Representatives, with members chosen mostly from specific geographic districts. The Congress performs legislative functions. The judiciary is overseen by the Supreme Court of the Philippines and has extensive review jurisdiction over judgments issued by other governmental and administrative institutions.

The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. The concept originated among early Baptists in America. In 1644, Roger Williams, a puritan minister and founder of the state of Rhode Island and The First Baptist Church in America, was the first public official to call for "a wall or hedge of separation" between "the wilderness of the world" and "the garden of the church." Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between Church & State," a term coined by Thomas Jefferson in his 1802 letter to members of the Danbury Baptist association in the state of Connecticut. The concept was promoted by Enlightenment philosophers such as John Locke.

<span class="mw-page-title-main">State religion</span> Religion or creed endorsed by the state

A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not a secular state, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the clergy, nor is the state-sanctioned religion necessarily under the control of the state.

<span class="mw-page-title-main">Sulu</span> Province in Bangsamoro, Philippines

Sulu, officially the Province of Sulu, is a province of the Philippines in the Sulu Archipelago and part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

<span class="mw-page-title-main">Cotabato City</span> Independent component city in Maguindanao del Norte, Philippines

Cotabato City, officially the City of Cotabato, is a first class independent component city in the Bangsamoro Autonomous Region in Muslim Mindanao, Philippines. According to the 2020 census, it has a population of 325,079 people, making it as the most populated city under the independent component city status.

<span class="mw-page-title-main">Religion in the Philippines</span>

Christianity is the predominant religion in the Philippines, with Roman Catholicism being its largest denomination. Sizeable minorities adhering to Islam, Dharmic religions, and indigenous Philippine folk religions are also present.

<span class="mw-page-title-main">Secularism in France</span> Separation of church and state in France

Laïcité is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as the separation of civil society and religious society. It discourages religious involvement in government affairs, especially in the determination of state policies as well as the recognition of a state religion. It also forbids government involvement in religious affairs, and especially prohibits government influence in the determination of religion, such that it includes a right to the free exercise of religion.

<span class="mw-page-title-main">Islam in the Philippines</span> Status of Islam in the Philippines

Islam in the Philippines is the second largest religion in the country, and the faith was the first-recorded monotheistic religion in the Philippines. Historically, Islam reached the Philippine archipelago in the 14th century, through contact with Muslim Malay and Arab merchants along Southeast Asian trade networks, in addition to Yemeni missionaries from the tribe of Alawi of Yemen from the Persian Gulf, southern India, and their followers from several sultanates in the wider Malay Archipelago. The first missionaries then followed in the late 14th and early 15th centuries. They facilitated the formation of sultanates and conquests in mainland Mindanao and Sulu. Those who converted to Islam came to be known as the Moros, with Muslim conquest reaching as far as Tondo that was later supplanted by Bruneian Empire vassal-state of Maynila.

Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines.

<span class="mw-page-title-main">Moro people</span> Muslim ethnic groups of the southern Philippines and neighbouring regions

The Moro people or Bangsamoro people are the 13 Muslim-majority ethnolinguistic Austronesian groups of Mindanao, Sulu, and Palawan, native to the region known as the Bangsamoro. As Muslim-majority ethnic groups, they form the largest non-Christian population in the Philippines, and comprise about 5% of the country's total population, or 5 million people.

<span class="mw-page-title-main">Moro conflict</span> Separatist conflict in the Philippines

The Moro conflict was an insurgency in the Mindanao region of the Philippines which involved multiple armed groups. Peace deals have been signed between the Philippine government and two major armed groups, the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF), but other smaller armed groups continue to exist. In 2017, the peace council settled around 138 clan conflicts.

In the late 1960s, an independence movement was founded in Mindanao, the Philippines, to separate the Muslim majority-Moro areas from the rest of the Philippines.

<span class="mw-page-title-main">Bangsamoro</span> Autonomous region of the Philippines

Bangsamoro, officially the Bangsamoro Autonomous Region in Muslim Mindanao, is an autonomous region in the Philippines, located in the southwestern portion of the island of Mindanao.

<span class="mw-page-title-main">Secularism in Bangladesh</span> Overview of the secularism in Bangladesh

Secularism in Bangladesh is known as "neutrality of religion" under Bangladeshi law. In the Constitution of Bangladesh, secularism is mentioned in the preamble as one of the fundamental principles of Bangladeshi law. Article 8 enshrines secularism as one of the fundamental principles of state policy. Article 12 elaborates further on secularism and freedom of religion.

<span class="mw-page-title-main">Murad Ebrahim</span> Philippine politician

Ahod Balawag Ebrahim, better known as Al-hajj Murad Ebrahim, is a Moro Filipino politician and former rebel leader currently serving as the first chief minister of the Bangsamoro Autonomous Region in Muslim Mindanao.

<span class="mw-page-title-main">Autonomous regions of the Philippines</span> First-level administrative divisions

An autonomous region of the Philippines is a first-level administrative division that has the authority to control a region's culture and economy. The Constitution of the Philippines allows for two autonomous regions: in the Cordilleras and in Muslim Mindanao. Currently, Bangsamoro, which largely consists of the Muslim-majority areas of Mindanao, is the only autonomous region in the country.

<span class="mw-page-title-main">Jeddah Accord</span>

The Jeddah Accord was signed on January 3–4, 1987 in Jeddah, Saudi Arabia by Aquilino Pimentel Jr., representing the Government of the Philippines and Nur Misuari of the Moro National Liberation Front. The two panels agreed upon the continued discussion of the proposal of the grant of full autonomy to Mindanao, Basilan, Sulu, Tawi-Tawi and Palawan subject to democratic processes.

The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

<span class="mw-page-title-main">Sharia in the Philippines</span>

Shari'ah or Islamic law is partially implemented in the legal system of the Philippines and is applicable only to Muslims. Shari'ah courts in the country are under the supervision of the Supreme Court of the Philippines.

<span class="mw-page-title-main">Bangsamoro Cabinet</span>

The Bangsamoro Cabinet is part of the local government of the Bangsamoro Autonomous Region in Muslim Mindanao of the Philippines. It is currently being led by Chief Minister Murad Ebrahim. Ebrahim made his first set of appointments to the cabinet in February 2019 during the official turnover of the former Autonomous Region in Muslim Mindanao to the succeeding Bangsamoro regional government.

References

  1. ↑ San Martín, Inés (January 15, 2015). "The Philippines is increasingly secular, but still deeply Catholic". Crux Now. Crux Rome Bureau. Retrieved September 9, 2021.
  2. 1 2 3 San Juan, Joel (February 18, 2019). "'PhilPost printing of INC stamps constitutional'". BusinessMirror. Retrieved September 9, 2021.
  3. ↑ Pangalangan, Raul (2015). "Religion and the Secular State: National Report for the Philippines" (PDF). Religion and the Secular State: National Reports. International Center for Law and Religion Studies: 561.
  4. ↑ Cornelio, Jayeel. "How the Philippines Became Catholic". Christian History. Retrieved September 16, 2021.
  5. ↑ Pangalangan 2015, p. 561.
  6. ↑ Pangalangan 2015, p. 560-562.
  7. ↑ Pangalangan 2015, p. 562-563.
  8. 1 2 Pangalangan 2015, p. 563.
  9. ↑ Pangalangan 2015, p. 565.
  10. 1 2 "PH education: Allergic to religion?". Rappler. January 13, 2021. Retrieved September 16, 2021.
  11. ↑ de Leon, Sunshine Lichauco (October 6, 2014). "The fight to make divorce legal in the Philippines". CNN. Retrieved September 16, 2021.
  12. 1 2 Mastura, Michael O. (1994). "Legal Pluralism in the Philippines". Law & Society Review. 28 (3): 461–475. doi:10.2307/3054065. JSTOR   3054065.
  13. ↑ Solamo-Antonio, Isabelita (2015). "The Philippine Shari'a Courts and the Code of Muslim Personal Laws" (PDF). The Sociology of Shari'a: Case Studies from Around the World. Boundaries of Religious Freedom: Regulating Religion in Diverse Societies. 1. Springer International Publishing: 83. doi:10.1007/978-3-319-09605-6. ISBN   978-3-319-09604-9. ISSN   2214-529X . Retrieved September 16, 2021.
  14. ↑ Parrocha, Azer (March 19, 2020). "Duterte declares May 25 as regular holiday for Eid'l Fitr". Philippine News Agency. Retrieved September 16, 2021.
  15. ↑ Alam, Sorvar; Ul Khaliq, Riyaz (December 16, 2019). "Bangsamoro chief minister focuses on moral governance". Anadolu Agency. Retrieved September 16, 2021.
  16. ↑ Cabrera, Ferdinandh B. (March 25, 2019). "Ebrahim wants 'moral governance' for Bangsamoro". MindaNewss. Retrieved September 16, 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.