1. EBRALINAG VS. DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU, GR NOS.

95770 AND 95887

MARCH 1, 1993

FACTS: The petitioners, who were members of the Jehovah 's Witnesses, refused to salute the flag, sing the national
anthem, and recite the patriotic pledge for it is their belief that those were acts of worship or religious devotion, which
they could not conscientiously give to anyone or anything except God. Consequently, they filed these special civil
actions for Mandamus, Certiorari and Prohibition alleging that the public respondents acted without or in excess of
their jurisdiction and with grave abuse of discretion in ordering their expulsion without prior notice and hearing, hence,
in violation of their right to due process, their right to free public education, and their right to freedom of speech,
religion and worship. The petitioners pray that the expulsion or dropping from the rolls of herein petitioners from
their respective schools be declared null and void.

Petitioners stress 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. Since they do not engage in disruptive
behavior, there is no warrant for their expulsion.

ISSUE: W/N the school children who are members of Jehovah's Witnesses may be expelled from school (both public
and private), for refusing, on account of their religious beliefs, to take part in the flag ceremony which includes playing
or singing the Philippine national anthem, saluting the Philippine flag and reciting the patriotic pledge.

HELD: NO. The petition for certiorari and prohibition is granted. The Court accommodated the petitioners and
granted them an exemption from observing the flag ceremony out of respect for their religious beliefs.

The right to religious profession and worship has a two-fold aspect, which are the freedom to believe and the freedom
to act on one's belief. The first is absolute as long as the belief is confined within the realm of thought. The second is
subject to regulation where the belief is translated into external acts that affect the public welfare.

The sole justification for a prior restraint or limitation on the exercise of religious freedom 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 to prevent.

In this case, the petitioners quietly stand at attention during the flag ceremony while their classmates and teachers
salute the flag, sing the national anthem and recite the patriotic pledge. By observing the ceremonies quietly, it
doesn’t present any danger so evil and imminent to justify their expulsion. Absent such a threat to public safety, the
expulsion of the petitioners from the schools is not justified.