Gerona v. Sec. of Education Digest

Gerona, et. al v SEC. OF EDUCATION

106 Phil 2 Aug. 12, 1959

FACTS: 

1. Petitioners belong to the Jehova’s Witness whose children were expelled from their schools when they refused to salute, sing the anthem, recite the pledge during the conduct of flag ceremony. DO No. 8 issued by DECS pursuant to RA 1265 which called for the manner of conduct during a flag ceremony. The petitioners wrote the Secretary of Education on their plight and requested to reinstate their children. This was denied. 

2. As a result, the petitioners filed for a writ of preliminary injunction against the Secretary and Director of Public Schools to restrain them from implementing said DO No. 8.

3. The lower court (RTC) declared DO 8 invalid and contrary to the Bill of Rights.

ISSUE: Whether or not DO 8 is valid or constitutional

DO 8 is valid. Saluting the flag is not a religious ritual and it is for the courts to determine, not a religious group, whether or not a certain practice is one.

1. The court held that the flag is not an image but a symbol of the Republic of the Philippines, an emblem of national sovereignty, of national unity and cohesion and of freedom and liberty which it and the Constitution guarantee and protect. Considering the complete separation of church and state in our system of government, the flag is utterly devoid of any religious significance. Saluting the flag consequently does not involve any religious ceremony. 

After all, the determination of whether a certain ritual is or is not a religious ceremony must rest with the courts. It cannot be left to a religious group or sect, much less to a follower of said group or sect; otherwise, there would be confusion and misunderstanding for there might be as many interpretations and meanings to be given to a certain ritual or ceremony as there are religious groups or sects or followers.

2. The freedom of religious belief guaranteed by the Constitution does not and cannot mean exemption form or non-compliance with reasonable and non-discriminatory laws, rules and regulations promulgated by competent authority. In enforcing the flag salute on the petitioners, there was absolutely no compulsion involved, and for their failure or refusal to obey school regulations about the flag salute they were not being persecuted. Neither were they being criminally prosecuted under threat of penal sacntion. If they chose not to obey the flag salute regulation, they merely lost the benefits of public education being maintained at the expense of their fellow citizens, nothing more. According to a popular expression, they could take it or leave it. Having elected not to comply with the regulations about the flag salute, they forfeited their right to attend public schools.

3. The Filipino flag is not an image that requires religious veneration; rather it is symbol of the Republic of the Philippines, of sovereignty, an emblem of freedom, liberty and national unity; that the flag salute is not a religious ceremony but an act and profession of love and allegiance and pledge of loyalty to the fatherland which the flag stands for; that by authority of the legislature, the Secretary of Education was duly authorized to promulgate Department Order No. 8, series of 1955; that the requirement of observance of the flag ceremony or salute provided for in said Department Order No. 8, does not violate the Constitutional provision about freedom of religion and exercise of religion; that compliance with the non-discriminatory and reasonable rules and regulations and school discipline, including observance of the flag ceremony is a prerequisite to attendance in public schools; and that for failure and refusal to participate in the flag ceremony, petitioners were properly excluded and dismissed from the public school they were attending.