Ebralinag v Division Supt.

of Cebu 219 SCRA 256 (1993)

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 the church 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.

Textbook on the new Philippine Constitution

The 1987 Constitution of the Philippines

Philippine government in action and the Philippine constitution

Held: Religious freedom is a fundamental right of highest priority. The 2 fold aspect of right to religious
worship is: 1.) Freedom to believe which is an absolute act within the realm of thought. 2.) Freedom to act
on one’s belief regulated and translated to external acts. The only limitation to religious freedom is the
existence of grave and present danger to public safety, morals, health and interests where State has right
to prevent. The expulsion of the petitioners from the school is not justified.

The 30 yr old previous GERONA decision of expelling and dismissing students and teachers who refuse to
obey RA1265 is violates exercise of freedom of speech and religious profession and worship. Jehovah’s
Witnesses may be exempted from observing the flag ceremony but this right does not give them the right
to disrupt such ceremonies. In the case at bar, the Students expelled were only standing quietly during
ceremonies. By observing the ceremonies quietly, it doesn’t present any danger so evil and imminent to
justify their expulsion. What the petitioner’s request is exemption from flag ceremonies and not exclusion
from public schools. The expulsion of the students by reason of their religious beliefs is also a violation of
a citizen’s right to free education. The non-observance of the flag ceremony does not totally constitute
ignorance of patriotism and civic consciousness. Love for country and admiration for national heroes, civic
consciousness and form of government are part of the school curricula. Therefore, expulsion due to
religious beliefs is unjustified.