ROEL EBRALINAG, EMILY EBRALINAG, represented by their parents MR. & MRS. LEONARDO EBRALINAG, JUSTINIANA TANTOG, represented by her father AMOS TANTOG; JEMILOYAO & JOEL OYAO, represented by their parents MR. & MRS. ELIEZER OYAO; JANETH DIAMOS & JEREMIAS DIAMOS, represented by parents MR. & MRS.…
- G.R. Number: G.R. No. 95770
- Promulgated: 1993-03-01
- Ponente: Griño-Aquino, J.
Doctrine
The State must supervise and regulate education to inculcate civic conscience, but religious objectors may be exempted from participating in patriotic exercises in respect of their free exercise of religion.
Exemption from participation in the flag ceremony does not shield students from discipline when their conduct disrupts the ceremony or offends public order.
Facts
Two consolidated special civil actions (certiorari, mandamus, prohibition) question whether schoolchildren who are Jehovah's Witnesses may be expelled for refusing, on religious grounds, to take part in the flag ceremony (playing/singing the anthem, saluting the flag, reciting the pledge).
The issue arose under enforcement of R.A. No. 1265 and Department Order No. 8, series of 1955, which require participation in the flag ceremony in schools.
The Court recognized that while exemption may be accorded to Jehovah's Witnesses from participating in the flag ceremony, that right does not permit them to disrupt patriotic exercises or breach the peace.
Issues
Whether schoolchildren who, on religious grounds, refuse to participate in the flag ceremony may be expelled from public or private schools.
Whether the Court's ruling concerns freedom of speech or enforcement of law and jurisprudence.
Ruling
The petition for certiorari and prohibition is granted; expulsion orders against the petitioners are annulled and set aside, and the temporary restraining order is made permanent.
The Court held that an exemption may be accorded to Jehovah's Witnesses from the flag ceremony out of respect for their religious beliefs, but they may be disciplined for breaches of the peace or disruptive conduct.
Keywords
G.R. No. 95770, G.R. No. 95887, Jehovah's Witnesses, religious freedom, freedom of religion, excommunication, religious beliefs, flag ceremony, Philippine national anthem, patriotic pledge, Republic Act No. 1265, Department Order No. 8, DECS, certiorari, Mandamus, Prohibition, special civil actions, right to education, compulsory flag ceremony, uncovering hats, parents