SEPARATION OF CHURCH AND STATE

in the Philippines
The separation of Church and State shall be inviolable.
(Article II, Section 6)
A. History
Before our country fell under American rule, the blanket of Catholicism
covered the archipelago. There was a union of church and state and
Catholicism was the state religion under the Spanish Constitution of
1876. Civil authorities exercised religious functions and the friars exercised
civil powers. Catholics alone enjoyed the right of engaging in public
ceremonies of worship. Although the Spanish Constitution itself was not
extended to the Philippines, Catholicism was also the established church in
our country under the Spanish rule. Catholicism was in fact protected by the
Spanish Penal Code of 1884 which was in effect in the Philippines. Some of
the offenses in chapter six of the Penal Code entitled Crimes against Religion
and Worship referred to crimes against the state religion. The coming of the
Americans to our country, however, changed this state-church scheme for with
the advent of this regime, the unique American experiment of separation of
church and state was transported to Philippine soil.
B. RATIONALE:
To delineate the boundaries between the two institutions and thus avoid
encroachment by one against the other because of a misunderstanding
of the limits of their respective exclusive jurisdictions
A union of Church and State, as aptly remarked, tends to destroy
government and to degrade religion.
It is also likely to result in conspiracy, well nigh irresistible because of its
composite strength, against the individuals right to worship.

There will be no violation of the establishment clause if:

1. The statute has a secular legislative purpose.
2. Its principal or primary effect is one that neither advances nor inhibits
religion.
3. It does not foster an excessive government entangled with religion.
INTRAMURAL RELIGIOUS DISPUTES
- outside the jurisdiction of the secular authorities, when they
regard to religious dogma and other matters of faith
- the civil courts may assume jurisdiction, where the dispute
involves the property rights of the religious group or the relation of
the members where property rights are involved
RELIGIOUS PROFESSION AND WORSHIP
Two-fold aspect:
1. Freedom to believe - absolute as long as the belief is confined within the
realm of thought.
2. Freedom to act on ones belief subject to regulation where the belief is
translated into external acts that affect the public welfare.
RELIGIOUS TESTS
- constitutionally prohibited
- may result to clandestine attempts on the part of the government to
prevent a person from exercising his civil or political rights because
of his religious beliefs.

Prepared by:

ANNIELOU L. LUANSING
Group 3