Case Digest (G.R. No. L-13954) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Gerona et al. v. Secretary of Education et al. (G.R. No. L-13954, August 12, 1959), the petitioners, parents and members of the Jehovah’s Witnesses, challenged Department Order No. 8, s. 1955, implementing Republic Act No. 1265 (Compulsory Daily Flag Ceremony). Their children, enrolled at Buenavista Community School in Uson, Masbate, were expelled in September 1955 for refusing to salute the flag, sing the national anthem, and recite the patriotic pledge—acts deemed contrary to their religious convictions against venerating images. After their written plea for exemption was denied by the Secretary of Education on December 16, 1955, they filed suit in the Court of First Instance of Masbate seeking a preliminary injunction to restrain enforcement of the Order “as applied to Jehovah’s Witnesses.” The trial court dismissed their complaint, and the petitioners appealed to the Supreme Court under the 1935 Constitution’s guarantee of freedom of religion and the Bill of Rights.Issu
Case Digest (G.R. No. L-13954) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Statutory and regulatory framework
- Republic Act No. 1265 (approved June 11, 1955) made daily flag ceremony compulsory in all educational institutions and authorized the Secretary of Education to issue implementing rules.
- Department Order No. 8, s. 1955 (July 21, 1955) prescribed the conduct of the ceremony: display of the flag, playing or singing of the National Anthem, salute procedures and recitation of a patriotic pledge.
- Petitioners’ non-compliance and expulsion
- Petitioners and appellants, members of Jehovah’s Witnesses, held that saluting the flag, singing the anthem and reciting the pledge violated their religious beliefs (literal interpretation of Exodus 20:4–5).
- Their children attending Buenavista Community School, Masbate, refused participation in the ceremony and were expelled in September 1955.
- Correspondence and procedural history
- Petitioners’ counsel requested exemption to remain silent and stand at attention with arms at sides; the Secretary of Education denied the petition by letter dated December 16, 1955.
- On March 27, 1957, petitioners filed suit for a writ of preliminary injunction to restrain enforcement of Department Order No. 8 as applied to Jehovah’s Witnesses, and for a declaration of its unconstitutionality. The Court of First Instance of Masbate dismissed the complaint; upon appeal the Supreme Court issued a preliminary injunction on December 16, 1958.
Issues:
- Whether Department Order No. 8, s. 1955, as applied to petitioners, violates the constitutional guarantee of freedom of religion and freedom to practice that religion.
- Is the Filipino flag an “image” under Exodus 20:4–5, making salute a prohibited religious act?
- Do the requirements to sing the National Anthem and recite the patriotic pledge amount to compelled religious exercise?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)