FREEDOM OF RELIGION

Please answer the following questions and email to

with the

Subject: (your section) Freedom of Religion

(i.e. I-C Freedom of Religion)

On or before 12 noon May 16, 2020. Explain your answer.

Sec. 5 Article III: “No law shall be made respecting the establishment of religion or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No Religious test
shall be required for the exercise of civil or political rights.”

1. What is the definition of the term “religion”?

2. Going back to our Constitutional Law I, there are elements which must first be established
before a state can be considered a state (i.e. People, territory, government and sovereignty).
Are there tests/requirements/elements, which may or may not be similar to the elements of
the state, before a belief/following is considered/recognized as a religion?

3. The preamble of our Constitution states that we are “imploring the aid of Almighty God”
(take note of the capitalization of the words “Almighty” and “God”) which indicates an
apparent conflict with the separation of Church and State. Resolve the conflict.

4. “Strong fences make good neighbors”

“render therefore unto Caesar the things that are Caesar’s and unto God the things that
are God’s”
“A union of Church and State xxx tends to destroy government and degrade religion”

All these quotes describe the purpose of the Separation of Church and State. Even our
Constitution dictates that the separation between the two is inviolable. However, the Church
and the State do not exist separate vacuums where the other institution does not exist. Explain
the relationship between the Church and the State.

5. On November 15, 2019, the President issued proclamation 854 declaring all the regular
holidays and non-working days for 2020. Included in the list of holidays and non-working days
are April 9, 2020 – Maundy Thursday, April 10, 2020 – Good Friday, April 11, 2020 – Black
Saturday, November 1, 2020 – All Saint’s Day, November 2, 2020 – All Soul’s Day (Traditionally),
December 8, 2020 – Feast of the Immaculate Conception of Mary, December 25, 2020 –
Christmas Day, and December 30, 2020 – Rizal Day. The President will also issue proclamations
to declare Eid’l Fitr and Eid’l Adha as holidays.

A group of atheists and agnostics opposed Proclamation 854 on the basis of Sec. 5, Article III of
the Constitution and that they are being compelled to respect special days for different
religions. In addition, they also argue that the in preparing and disseminating the questioned
Proclamation, the State directly used public funds, which includes the salaries of the president
and other officials, the publication of the proclamation, etc. A case was eventually filed and is
now pending before your sala as a Judge. Tackle each argument with reasons.

6. Is Sec. 5, Article III of the Constitution a self-executing provision?

7. There are two guarantees contained in Section 5, Article III, these are a) Non-establishment
clause; and b) Freedom of religious worship and profession (free exercise clause). Explain each
guarantee.

8. Freedom of religious worship and profession has a twofold aspect, these are: a) Freedom to
Believe; and b) freedom to act on one’s belief. Explain each aspect and their respective
limitations.

9. What are the exceptions to the Non-establishment clause? Explain and give an example for
each exception.

10. What are “intramural religious disputes”? Explain.

11. Cardinal Tagle was recently left the Philippines for the Vatican to assume his new position as
a Cardinal-Bishop. According to the news, being a Cardinal-Bishop means he will be among a
highly exclusive group of 11 Latin-rite cardinals from whom the Pope will seek special counsel. If
Cardinal-Bishop Tagle returns to the Philippines in time for May 2022 Presidential Elections, and
wins the elections, will this be a violation of the separation of the Church and the State?

11.1 What if the Cardinal-Tagle was appointed also appointed as a member of a

Constitutional Convention. Is his appointment a violation of the separation of Church and State
and Section 5, Article III of the Constitution?

11.1.1 Assuming that Cardinal Tagle is allowed to receive salary, may he be given
a salary/per diem for his position as a member of the Constitutional Convention?

11.1.2 May he celebrate Holy Mass while he is a member of the Constitutional

Convention?

12. What is the reason for the constitutional prohibition against religious tests?

13. Define the following:

a) Doctrine of Benevolent Neutrality

b) Clear and present danger
c) Facial Challenge test
d) Immediate and grave danger test
e) Compelling State Interest test
f) Lemon Test.

13.1. At present which among these tests is/are being applied?

14. In case of conflict between the religious belief and moral convictions of individuals, on one
hand, and the interest of the State, on the other, which one must prevail?

14.1 Is the primacy of one over the other absolute? Answer with reason.

15. Can the State tax a Church owned hospital? Discuss with Reasons.

15.1. Can the state impose VAT on the sale of religious articles? Discuss with reasons.

Read and prepare a handwritten case digest the following:

Imbong v. Ochoa G.R. No. 204819, April 8, 2014

Estrada v. Escritor 525 Phil 110 (2006)
Ang Ladlad LBGT Party v. Comelec G.R. No. 190582, April 8, 2010
Soriano v. Laguardia G.R. No. 164765, March 15, 2010

Just read the following cases which may or may not be asked during your bar exams:

Ebralinag v. Division Superintendent of Schools of Cebu 219 SCRA 256

Aglipay v. Ruiz 64 Phil 201
Diocese of Bacolod v. COMELEC G.R. No. 205728, Jan. 21, 2015
Fonacier v. Court of Appeals 96 Phil 417
Gonzales v. Archbishop of Manila 51 Phil 420
United Church of Christ in the Philippines, Inc. v. Bradford United Church of Christ, Inc. G.R.
171905, June 20, 2012
German v. Barangan 135 SCRA 514