Ebralinag, et al.

vs The Division Superintendent of Schools of Cebu

219 SCRA 256, March 1, 1993.

Facts:

Two special civil actions for certiorari, mandamus and prohibition were filed and
consolidated raising the same issue whether students who are Jehovah’s Witnesses may
be expelled from both private and public school for refusing, on the account of their
religious beliefs, to take part in the flag ceremony which includes, saluting the Philippine
flag, singing the national anthem, and reciting the patriotic pledge.

The petitioners in these two cases were expelled from their classes for refusing to
salute the flag, sing the national anthem and recite the patriotic pledge as required by
Republic Act No. 1265, and by Department Order No. 8 of the Department of Education,
Culture and Sports (DECS) making the flag ceremony compulsory in all educational
institutions.

Members of the Jehovah’s Witness sect find such memorandum to be contrary to

their religious belief for they believe that those are "acts of worship" or "religious
devotion" which they "cannot conscientiously give to anyone or anything except God."

Petitioners, alleged that the respondents acted without or in excess of their

jurisdiction and with grave abuse of discretion in ordering their expulsion without prior
notice and hearing, hence, in violation of their right to due process, their right to free
public education and their right to freedom of speech, religion and worship. Petitioners
prayed for the voiding of the order of expulsion issued by the District Supervisor;
prohibiting and enjoining respondent from barring them from classes; and compelling
the respondent and all persons acting for him to admit and order their re-admission in
their respective schools.

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 the public respondents acted without or in excess of their jurisdiction

and with grave abuse of discretion.

Ruling:

YES. The Court held that the expulsion of the petitioners from the school was
not justified.

Religious freedom is a fundamental right of highest priority and the amplest

protection among human rights, for it involves the relationship of man to his Creator.
The right to religious profession and worship has a two-fold aspect, vis., freedom to
believe and freedom to act on one’s belief. The first is absolute as long as the belief
is confined within the realm of thought. The second is subject to regulation where
the belief is translated into external acts that affect the public welfare. 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.

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.

The petitions for certiorari, mandamus and prohibition are granted and
expulsion orders are hereby annulled and set aside.