EBRALINAG VS. DIVISION SUPERINTENDENT OF CEBU G.R. No.

95770 March 1, 1993

FACTS: The Petitioners in this case are school children who are members of the religious group Jehovahs Witness. They refused to salute the Philippine flag, sing the national anthem, and recite the patriotic pledge as required by the Republic Act 1265 of July 11, 1955 and by Department Order 8 of July 21, 1955 by the Department of Education. As a result of not complying to the flag ceremony, the school children were expelled from the school. ISSUE: Whether the Jehovahs Witness children may be expelled from school for refusing to take part in the flag ceremony on account of their religious beliefs

HELD: Although the Court upholds in this decision the petitioners' right under our Constitution to refuse to salute the Philippine flag on account of their religious beliefs, we hope, nevertheless, that another foreign invasion of our country will not be necessary in order for our countrymen to appreciate and cherish the Philippine flag. WHEREFORE, the petition for certiorari and prohibition is GRANTED. The expulsion orders issued by the public respondents against the petitioners are hereby ANNULLED AND SET ASIDE. The temporary restraining order which was issued by this Court is hereby made permanent. SO ORDERED.