Political Law Bar Q and A

Political Law Bar Questions and Answers

Bar Q and A #23

1.) Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following ground: It violates the Freedom of Religion, since petitioners' religious beliefs prevent them from using contraceptives, and that any State- sponsored procurement of contraceptives, funded by taxes, violates the guarantee of religious freedom. Rule on the above objection.

What is prohibited in the Constitution is the establishment of a state religion. While the establishment clause in the Constitution restricts what the government can do with religion, it also limits what religious sects can or cannot do with the government. They can neither cause the government to adopt their particular doctrine as policy for everyone, nor can they cause the government to restrict other groups. To do so would cause the State to adhere to a particular religion, and thus establish a state religion. (Imbong v. Ochoa, GR No. 204819, April 8, 2014)

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2.) Distinguish fully between the "free exercise of religion clause" and the "non- establishment of religion clause".

The freedom of exercise of religion entails the right to believe, which is absolute, and the right to act on one’s belief, which is subject to regulation. As a rule, the freedom of exercise of religion can be restricted only if there is a clear and present danger of a substantive evil which the state has the right to prevent. (Iglesia ni Cristo v. CA, 259 SCRA 529)

The non-establishment clause implements the principle of separation of church and state. The state cannot set up a church, pass laws that aid one religion, and all religions, prefer one religion over another force or influence a person to go to or remain away from church against his will, of force him to profess a belief or disbelief in any religion (Everson v. Board of Education, 330 US 1)

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3.) Congress passed a bill appropriating P100- billion. Part of the money is to be used for the purchase of a 200-hectare property in Antipolo. The rest shall be spent for the development of the area and the construction of the Universal Temple for all the World’s Faiths (UTAW-F). when completed, the site will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall be accommodated and teated in a fair and equal manner, without distinction, favor or prejudice. There will also be individual segments or zones in the area which can be used for the conduct of whatever rituals, services, sacraments, or ceremonials that may be required by the customs or practices of each particular religion. The President approved the bill, happy in the thought that this could start the healing process of our wounded country and encourage people of varied and often conflicting faiths to live together in harmony and in peace. If the law is questioned on the ground that it violates Sec. 5, Art. II of the Constitution that “no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof,” how will you resolve the challenge? Explain.

The contention must be rejected. The use of the site temple will not be limited to a particular religion sect. It will be made available to all religious sects. The temporary use of public property for religious purposes without discrimination does not violate the Constitution. (Ignacio v. De La Cruz, 99 Phil. 346 [1956]; People v. Fernandez, 40 O.G. 1089 [1956])

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4.) Recognizing the value of education in making the Philippine labor market attractive to foreign investment, the Department of Education, Culture and Sports offers subsidies to accredited colleges and universities in order to promote quality tertiary education. The DECS grants a subsidy to a Catholic school which requires its students to take at least 3 hours a week of religious instruction. a. Is the subsidy permissible? Explain b. Presuming that you answer in the negative, would it make a difference if the subsidy were given solely in the form of laboratory equipment in chemistry and physics? Presume, on the other hand, that the subsidy is given in the form of scholarship vouchers given directly to the student and which the student can use for paying tuition in any accredited school of his choice, whether religious or non- sectarian. Will your answer be different?

a. NO, the subsidy is not permissible. Such will foster religion, since the school give religious instructions to students. Besides, it will violate the prohibition in Section 29[2], Article VI of the Constitution against the use of public funds to aid religion. In Lemon v. Kurtzman, 403 U.S. 602, it was held that financial assistance to a sectarian school violates the prohibition against the establishment of religion if it fosters an excessive government entanglement with religion. Since the school requires its students to take at least three hours a week of religious instructions, to ensure that the financial assistance will not be used for religious purposes, the government will have to conduct a continuing surveillance. This involves excessive entanglement with religion.

b. If the assistance would be in the form of laboratory equipment in chemistry and physics, it will be valid. The purpose of the assistance is secular, i.e., the improvement of the quality of tertiary education. Any benefit to religion is merely incidental. Since the equipment can only be used for a secular purpose, it is religiously neutral. As held in Tilton v. Richardson, 403 U.S. 672, it will not involve excessive government entanglement with religion, for the use of the equipment will not require surveillance.

c. In general, the giving of scholarship vouchers to students is valid. Section 2(3), Article XIV of the Constitution requires the State to establish a system of subsidies to deserving students in both public and

d. private schools. However, the law is vague and over-broad. Under it, a student who wants to study for the priesthood can apply for the subsidy and use it for his studies. This will involve using public funds to aid religion.

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5.) The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students during class hours, through a Catholic priest. However, students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing. a. Does the offer violate the constitutional prohibition against the establishment of religion? b. The parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout Catholic, rejected the request. As counsel for the parents of the evangelical students, how would you argue in support of their position?

a.) The offer does not violate the Constitutional prohibition against the establishment of religion. Section 3(3), Article XIV of the Constitution provides that at the option expressed in writing by their parents or guardians, religion shall be taught to students in public elementary and high schools within regular class hours by instructors designated or approved by the religious authorities of their religion.

b.) As counsel for the parents of the evangelical students, I shall argue that the rejection of their request violates the guarantee of the free exercise and enjoyment of religious profession and worship, without discrimination or preference. The exercise of religious freedom includes the right to disseminate religious information (Iglesia ni Cristo v. CA, 259 SCRA 529)

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6.) To instill religious awareness in the students of Doña Trinidad High School, a public school in Bulacan, the Parent- Teacher’s Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group. As his complaint was not addressed by the school officials, he filed an administrative complaint against the principal before the DECS. Is the principal liable? Explain briefly.

The principal is liable. Although the grotto and the chapel can be used by different religious sects without discrimination, the land occupied by the grotto and the chapel will be permanently devoted to religious use without being required to pay rent. This violates the prohibition against establishment of religion enshrined in Section 5 of the Bill of Rights (Opinion 12 of the Secretary of Justice dated February 2, 1979). Although religion is allowed to be taught in public elementary and high schools, it should be without additional cost to the government. (Section 3(3), Article XIV of the Constitution)

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7.) Upon request of a group of overseas contract workers in Brunei, Rev. Father Juan de la Cruz, a Roman Catholic priest, was sent to that country by the President of the Philippines to minister to their spiritual needs. The travel expenses, per diems, clothing allowance and monthly stipend of P5,000 were ordered charged against the President's discretionary fund. Upon post audit of the vouchers therefor, the Commission on Audit refused approval thereof claiming that the expenditures were in violation of the Constitution. Was the Commission on Audit correct in disallowing the vouchers in question?

YES, the Commission on Audit was correct in disallowing the expenditures. Section 29(2), Article VI of the Constitution prohibits the expenditure of public funds for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

The sending of a priest to minister to the spiritual needs of overseas contract workers does not fall within the scope of any of the exceptions.

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8.) A religious organization has a weekly television program. The program presents and propagates its religious, doctrines, and compares their practices with those of other religions. As the Movie and Television Review and Classification Board (MTRCB) found as offensive several episodes of the program which attacked other religions, the MTRCB required the organization to submit its tapes for review prior to airing. The religious organization brought the case to court on the ground that the action of the MTRCB suppresses its freedom of speech and interferes with its right to free exercise of religion. Decide.

The religious organization must submit the tapes to the MTRCB. Freedom of speech and freedom of religion does not shield any religious organization against the regulation of the government on its program over the television. The right to act on one’s religious belief is not absolute and is subject to police power for the protection of the general welfare.

However, the Movie and Television Review and Classification Board cannot ban the tapes on the ground that they attacked other religions. In Iglesia ni Cristo v. CA, 259 SCRA 529, 547, the Supreme Court held: "The respondent Board may disagree with the criticisms of other religions by petitioner but that gives it no excuse to interdict such criticisms, however, unclean they may be. Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion.”

Moreover, the broadcasts do not give rise to a clear and present danger of a substantive evil. In the case of Iglesia ni Cristo v. CA, 259 SCRA 529, 549: "Prior restraint on speech, including the religious speech, cannot be justified by hypothetical fears but only by the showing of a substantive and imminent evil which has taken the reality already on the ground."

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9.) Section 28. Title VI, Chapter 9, of the Administrative Code of 1987 requires all educational institutions to observe a simple and dignified flag ceremony, including the playing or singing of the Philippine National Anthem, pursuant to rules to be promulgated by the Secretary of Education, Culture and Sports, The refusal of a teacher, student or pupil to attend or participate in the flag ceremony is a ground for dismissal after due investigation. The Secretary of Education Culture and Sports issued a memorandum implementing said provision of law. As ordered, the flag ceremony would be held on Mondays at 7:30 a.m. during class days. A group of teachers, students and pupils requested the Secretary that they be exempted from attending the flag ceremony on the ground that attendance thereto was against their religious belief. The Secretary denied the request. The teachers, students and pupils concerned went to Court to have the memorandum circular declared null and void. Decide the case.

The teachers and the students should be exempted from the flag ceremony. As held in Ebralinag vs. Division Superintendent of Schools of Cebu, to compel them to participate in the flag ceremony will violate their freedom of religion. Freedom of religion cannot be impaired except upon the showing of a clear and present danger of a substantive evil which the State has a right to prevent. The refusal of the teachers and the students to participate in the flag ceremony does not pose a clear and present danger. To compel them to participate in the flag ceremony will violate their freedom of religion.

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10.) Children who are members of a religious sect have been expelled from their respective public schools for refusing, on account of their religious beliefs, to take part in the flag ceremony which includes playing by a band or singing the national anthem, saluting the Philippine flag and reciting the patriotic pledge. The students and their parents assail the expulsion on the ground that the school authorities have acted in violation of their right to free public education, freedom of speech, and religious freedom and worship. Decide the case.

The students cannot be expelled from school. As held in Ebralinaq v. Division Superintendent of Schools of Cebu219 SCRA 256 [1993], to compel students to take part in the flag ceremony when it is against their religious beliefs will violate their religious freedom. Their expulsion also violates the duty of the State under Article XIV, Section 1 of the Constitution to protect and promote the right of all citizens to quality education and make such education accessible to all.

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