Case Digest (G.R. No. L-13954)
Facts:
Genaro Gerona, et al. v. The Honorable Secretary of Education, et al., G.R. No. L-13954, promulgated August 12, 1959, the Supreme Court En Banc, Montemayor, J., writing for the Court. Petitioners (members of Jehovah’s Witnesses) sought to enjoin enforcement of Department Order No. 8, s. 1955 (the Department of Education rules implementing Republic Act No. 1265, the compulsory flag-ceremony law) as applied to them and to obtain reinstatement of their children who had been excluded from public school for refusing to salute the flag, sing the national anthem, and recite the patriotic pledge.The facts are undisputed. After RA 1265 took effect (approved June 11, 1955), the Secretary of Education issued Department Order No. 8 (July 21, 1955) prescribing daily flag-raising and retreat ceremonies (including the singing of the national anthem and recitation of a patriotic pledge) and the Director of Public Schools promulgated Circular No. 22 (July 30, 1955) directing compliance. Petitioners’ children at Buenavista Community School, Uson, Masbate, refused to participate in parts of the ceremony and were expelled in September 1955; other pupils faced threats of similar exclusion.
Petitioners first requested administrative accommodation from the Secretary (denied December 16, 1955). On March 27, 1957 they filed suit in the Court of First Instance of Masbate asking, among other relief, a writ of preliminary injunction and a declaration that Department Order No. 8 was invalid as violative of religious freedom; the trial court dismissed the complaint. Petitioners then appealed to the Supreme Court. They had earlier filed an urgent motion for a preliminary injunction (Dec. 12, 1958); the Court, without objection from the Solicitor General, issued a writ on Dec. 16, 1958 temporarily restraining resp...(Pro-only)
Issues:
- Does Department Order No. 8, s. 1955 (as implementing Republic Act No. 1265) violate the constitutional guarantee of freedom of religion and the free exercise thereof as applied to petitioners and their children?
- Were petitioners properly excluded and dismissed from public school for refusal to participate in the flag ceremony requ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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