G.R. No. 95770 & 95887
March 1, 1993
Facts
Petitioners in these two cases were expelled from their classes by the public school authorities in Cebu for refusing to salute the flag, sing the national anthem and recite the patriotic pledge which are required by Republic Act No. 1265 and Department Order No. 8 of the DECS making the flag ceremony compulsory in all educational institutions.
Jehovah’s Witnesses admittedly teach their children not to salute the flag, sing the national anthem, and recite the patriotic pledge for they believe that those are “acts of worship” or “religious devotion” which they cannot give to anything except for God.
Petitioner’s contend that while they do not take part in the compulsory flag ceremony, they do not engage in “external acts” or behavior that would offend their countrymen who believe in expressing their love of country through the observance of the flag ceremony. They quietly stand at attention during the flag ceremony to show their respect for the right of those who choose to participate in the solemn proceedings.
Issue
Whether or not Jehovah’s witness’ school children may be expelled from school (both public and private), for refusing, on account of their religious beliefs, to take part in the flag ceremony?
Held
No. “The right to religious profession and worship has a two-fold aspect, vis., freedom to believe and freedom to act on one’s belief. The first is absolute as long as the belief is conned within the realm of thought. The second is subject to regulation where the belief is translated into external acts that affect the public welfare.
Prior restraint or restriction to the exercise of religious freedom is justified if there is the existence of a grave and present danger of a character both grave and imminent, of a serious evil to public safety, public morals, public health or any other legitimate public interest, that the State has a right (and duty) to prevent.”
In this case, there exists no grave and present danger. Exempting the Jehovah’s Witnesses from saluting the flag, singing the national anthem and reciting the patriotic pledge, this religious which admittedly comprises a “small portion of the school population” will NOT produce a nation “untaught and uninculcated in and unimbued with reverence for the flag, patriotism, love of country and admiration for national heroes”
Hence, the orders expelling the students are set aside as it violates the constitutional provision on the free exercise of religious worship.