Case No.

117
GERONA VS SECRETARY OF EDUCATION

Facts:
RA 1265 is a law that makes a flag ceremony compulsory for schools. The
implementing rule Department Order 8 says that the anthem must be played while
the flag is raised. It also says that everyone must salute the flag and no one is to do
anything while the ceremony is being held. After the flag everyone is to recite the
patriotic pledge.
Petitioners belong to the Jehovas Witness whose children were expelled from
Buenavista Community School in Uson, Masbate when they refused to salute, sing
the anthem, recite the pledge during the conduct of flag ceremony. They did not do
so out of religious belief. They are Jehovah's Witnesses. They consider the flag to be
an image in the context of what is prohibited in their religion and because of this
they were expelled from the school. Gerona wrote to Sec of Education that their
children be exempt from the law and just be allowed to remain silent and stand at
attention but this was denied. 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.

Issue:
Whether Department Order No 8 is valid.
Held:
Department Order 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.
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.