Case Digest (A.M. No. RTJ-20-2578)
Facts:
In Ebralinag vs. Division Superintendent of Schools of Cebu (321 Phil. 966, En Banc, Dec. 29, 1995), a group of minor pupils belonging to the Jehovah’s Witnesses sect and their parents—identified by name, represented by their respective mothers and fathers—filed separate petitions for certiorari and prohibition against the Division Superintendent of Schools of Cebu and district supervisors. Pursuant to Republic Act No. 1265 (July 11, 1955) and Department Order No. 8 (July 21, 1955), these children were summarily expelled from various public elementary and secondary schools in Cebu for refusing, on religious grounds, to salute the flag, sing the national anthem, and recite the patriotic pledge during the daily flag ceremonies. In March 1993, the Supreme Court granted their petitions, declaring the expulsion orders void for infringing the free exercise of religion and the constitutional right to education under the 1987 Philippine Constitution. The public respondents then moved foCase Digest (A.M. No. RTJ-20-2578)
Facts:
- Parties and Procedural History
- Petitioners: Minor schoolchildren members of Jehovah’s Witnesses, represented by their parents, expelled from various public schools in Cebu for refusing to:
- Salute the flag
- Sing the national anthem
- Recite the patriotic pledge
- Respondents: Division Superintendent of Schools of Cebu and district supervisors who enforced:
- Republic Act No. 1265 (flag ceremony requirement)
- Department of Education Order No. 8, s. 1955
- Prior Decisions and Motion for Reconsideration
- March 1, 1993 Supreme Court Decision (G.R. Nos. 95770 & 95887):
- Granted petitions for certiorari and prohibition
- Annulled expulsion orders as violative of the Free Exercise Clause and the right to education
- Motion for Reconsideration by the State and Solicitor General, arguing:
- Exemption for Jehovah’s Witnesses violates the Establishment Clause and “non-establishment guarantee”
- Poses equal protection issues vis-à-vis non-exempt students
- Flag salute regulation is a neutral civic duty; religious freedom must yield to important state interests in patriotism
Issues:
- Constitutional Questions
- Whether the original decision granting exemption to Jehovah’s Witnesses from flag ceremonies violated the Establishment Clause by preferring a religious minority.
- Whether compelling participation in flag ceremonies is a valid exercise of the State’s power to inculcate patriotism, despite sincere religious objections.
- Standard of Review
- Whether the regulation unduly burdens free exercise of religion, requiring strict scrutiny.
- Whether the State has shown a compelling interest and narrow tailoring to justify the burden.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)