Introduction

A. Rationale of the Study

The 1987 Constitution of the Philippines declares: The separation of
Church and State shall be inviolable, and 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. (CONST. Article III,
Section 5).
Separation of Church and State has been defined as a description for the
distance in the relationship between organized religion and the nation state.
It may refer to creating a secular state, with or without explicit reference to
such separation,

or

to changing

an existing

relationship

of church

involvement in a state. Simply stated, the State is not allowed or prohibited

to interfere with the affairs of the church and vice versa.
Iglesia Ni Cristo (INC) claims that so long as the matter involves an INC
member or an official, the State has no jurisdiction to intervene, even when
their member is already claiming and attesting to the commission of criminal
acts punishable under Philippine laws.

The INC contumacy is actually an issue of separation of church and State

and religious freedom, or the resurgence of the underlying historical
consciousness of the INC as a separate collective resistant to any form of
domination including that of the State.
After having considered the facts and circumstances, the researchers are
determined to conduct this study which is entitled as De Limas Dilemma:
The INC Controversy.
B. Statement of the Study
This study aims to determine the following queries which are sought to be
answered:
1. Whether or not the principle of the separation of church and state is
violated.
2. How should the separation of church and state be interpreted?
3. When can the religious freedom be considered as properly invoked?
Religion is derived from the Middle English religion, from Old French
religion, from Latin religion, vaguely referring to a bond between man and
the gods. This pre-Christian term for the cult and rituals of pagan Rome was
first Christianized in the Latin translation of the Bible.
Freedom of Religion

The right to choose a religion (or no religion) without interference by theg

overnment. (http://legal-dictionary.thefreedictionary.com)

DISCUSSION
I-

The Principle of Separation of Church and State

The separation of church and state is perhaps one of the most

misunderstood, misrepresented and maligned concepts in todays political,
legal and religious debates. Everyone has an opinion, but unfortunately,
many of those opinions are woefully misinformed.
Understanding the separation of church and state is complicated by
the fact that we are using such a simplified phrase. There is, after all, no
single church. There are many religious organizations taking different
names church, synagogue, temple, Kingdom Hall and more. There are
also many corporate bodies that do not adopt such religious titles but
which are nevertheless controlled by religious organizations for
example, Seventh day