Case Summary (G.R. No. 95770)
Petitioners
Children of Jehovah’s Witnesses who refused, on religious grounds, to salute the Philippine flag, sing the national anthem, and recite the patriotic pledge during daily flag ceremonies.
Respondents
DECS officials and school administrators who enforced Republic Act No. 1265 and DECS Department Order No. 8 (1955), expelling petitioners for non-participation in mandated flag ceremonies.
Key Dates
• Republic Act No. 1265 and DECS Order No. 8 promulgated July 1955
• Gerona v. Secretary of Education decided August 12, 1959; Balbuna v. Secretary of Education decided 1960
• Administrative Code (Executive Order No. 292) took effect September 21, 1988
• DECS Division Memorandum No. 108 issued November 17, 1989
• Petitioners expelled between July and October 1990
• Special civil actions filed October 31, 1990; temporary restraining order issued November 27, 1990
• Decision rendered March 1, 1993
Applicable Law
1987 Philippine Constitution (Article III, Section 5 – freedom of religion; Article XIV, Section 1 – right to quality education); Republic Act No. 1265; Department Order No. 8 (1955); Administrative Code of 1987, Section 28, Title VI, Chapter 9.
Factual Background
RA 1265 mandates daily flag ceremonies in all educational institutions, enforced by DECS Order No. 8. Petitioners, as Jehovah’s Witnesses, believe the flag salute and pledge constitute religious worship forbidden by their faith.
Petitioners’ Religious Objection
Petitioners’ doctrine classifies the flag salute and pledge as “acts of worship” or idolatry, prohibited by biblical commands (1 John 5:21). They willingly stand at attention without singing, saluting, or pledging.
Prior Jurisprudence
In Gerona (1959) and Balbuna (1960), this Court upheld compulsory flag ceremonies, ruling the salute non-religious and essential for civic education. Gerona was codified in the 1987 Administrative Code.
Government Regulations Implementing Flag Ceremony
DECS Order No. 8 (1955) prescribes the form of the flag ceremony, including assembly formation, anthem performance, salute, and recitation of the pledge. Division Memorandum No. 108 (1989) reaffirmed Gerona and directed removal of non-compliant teachers and students.
Administrative Actions and Expulsions
Cebu school officials attempted persuasion (e.g., written pledges in Cebuano), held meetings with parents, and ultimately “dropped” petitioners from rolls or ordered their expulsion for refusal to comply.
Petition for Certiorari, Mandamus, and Prohibition
Petitioners challenged their expulsions on grounds of grave abuse of discretion, lack of due process, and violations of rights to free public education, freedom of speech, religion, and worship. They sought nullification of expulsion orders, prohibition against enforcement, and mandatory readmission.
Legal Issues
Whether compelling participation in flag ceremonies violates petitioners’ constitutional free-exercise rights, and whether expulsion is a lawful response to non-participation by religious objectors.
Court’s Analysis on Religious Freedom
Under the 1987 Constitution, the free exercise guarantee encompasses freedom of belief (absolute) and freedom of act (subject to regulation only upon grave, imminent danger to public welfare). Petitioners’ silent non-participation, without disruption, poses no such th
...continue readingCase Syllabus (G.R. No. 95770)
Facts
- Two special civil actions (G.R. Nos. 95770 & 95887) were consolidated; both involve Jehovah’s Witnesses students expelled for refusing compulsory flag ceremony.
- Petitioners in G.R. No. 95770: 43 elementary and high-school pupils from various towns in Cebu; petitioners in G.R. No. 95887: 25 public-school pupils in Asturias, Cebu.
- All petitioners, assisted by their parents (Jehovah’s Witnesses), conscientiously objected to:
• Singing or playing the national anthem
• Saluting the flag
• Reciting the patriotic pledge
on the ground these acts constitute religious worship or idolatry. - Respondents enforced expulsion under:
• Republic Act No. 1265 (July 11, 1955) – mandatory daily flag ceremony
• DECS Department Order No. 8, Series of 1955 – implementing rules
• Administrative Code of 1987, Sec. 28(5) – penalty for refusal
Procedural History
- 1989: DECS Regional Office issues Division Memorandum No. 108 directing removal of teachers/pupils refusing flag ceremony.
- July–October 1990: District supervisors and school heads “drop” objecting pupils from rolls without hearing.
- October 31, 1990: Petitioners file special civil actions for certiorari, mandamus, and prohibition in the Supreme Court, challenging lack of due process, violation of free education, speech, religion.
- November 27, 1990: Supreme Court grants TRO and preliminary mandatory injunction, ordering immediate readmission.
- May 13, 1991: Solicitor General files consolidated comment defending expulsions.
- March 1, 1993: En banc decision rendered.
Legal Issue
- Whether the State, through R.A. No. 1265 and DECS Dept. Order No. 8, can lawfully expel or dismiss from service schoolchildren or teachers who, based on sincere religious convictions, refuse to participate in the flag ceremony.
Applicable Law
- Republic Act No. 1265 (Sec