G.R. No. 153888 - Islamic Da'wah Council of the Philippines vs. Office of the Executive Secretary

Petitioner’s Background and Functions
The Islamic Da’wah Council of the Philippines, Inc. (IDCP) is a non-governmental organization licensed by the DSWD (License No. SB-01-085), a federation of national Islamic organizations, and an active member of RISEAP and The World Assembly of Muslim Youth.
Since 1995, IDCP formulated internal halal rules and procedures based on the Qur’an and Sunnah, conducted seminars for manufacturers, and issued, for a fee, halal certifications using a distinct logo registered under Patent No. 4-2000-03664.

Executive Order No. 46, s. 2001
On October 26, 2001, the Office of the Executive Secretary issued EO 46, creating the Philippine Halal Certification Scheme and granting the Office on Muslim Affairs (OMA) exclusive authority to issue halal certificates and perform related regulatory activities.
OMA was tasked to formulate policies, enforce compliance with halal standards, coordinate with agencies, validate imports, issue certificates, and adopt measures for the Scheme’s success.

Respondents’ Actions and Impact on Petitioner
On May 8, 2002, OMA warned in the Manila Bulletin that only its official halal certificates were valid and sent letters to manufacturers threatening sanctions under EO 46 and RA 4109.
Following these warnings, food manufacturers ceased securing certifications from IDCP, resulting in significant revenue loss for the petitioner.

Constitutional and Statutory Challenges by Petitioner
Separation of Church and State (Art. II, Sec. 6) and Free Exercise of Religion (Art. III, Sec. 5): Petitioner contends that halal certification is a purely religious function that cannot be performed by a government agency.
Impairment of Contracts (Art. III, Sec. 10): The cessation of manufacturers’ contracts with IDCP infringes on contract obligations.
Rights of People’s Organizations (Art. XIII, Secs. 15–16): EO 46 was issued without consultation, abridging IDCP’s right to participate in policy formulation affecting Muslim communities.

Whether EO 46, s. 2001 violates the Separation of Church and State by entrusting a religious function to a government agency.
Whether EO 46 infringes the Free Exercise clause by denying Muslim organizations the authority to classify and certify halal food.
Whether EO 46 impairs the obligation of existing contracts between IDCP and food manufacturers.
Whether EO 46 abridges the rights of people’s organizations under Article XIII, Sections 15 and 16, by issuing the Order without adequate consultation.