Ebralinag v Division Superintendent of Schools of Cebu & Mrs.

Felix Mahinay; Jonalyn Antiola And Jerwin
G.R. No. 95770, March 01, 1993 Antiola, Represented By Their Parents Felipe Antiola
And Anecita Antiola; Maria ConcepCion Cabuyao,
Petitioners: Roel Ebralinag, Emily Ebralinag, Represented By Her Parents Wenifredo Cabuyao And
Represented By Their Parents Mr. & Mrs. Leonardo Estrellita Cabuyao; Noemi Turno Represented By Her
Ebralinag; JusTiniana Tantog, Represented By Her Parents Manuel Turno And Vevencia Turno; Solomon
Father Amos Tantog; Jemil Oyao & Joel Oyao, Palatulon, Salmero PalaTulon And Rosalinda Palatulon,
Represented By Their Parents Mr. & Mrs. Eliezer Oyao; Represented By Their Parents Martillano Palatulon And
Janeth Diamos & Jeremias Diamos, Represented By Carmila Palatulon
Parents Mr. & Mrs. Godofredo Diamos; Sara Ostia &
Jonathan Ostia, Represented By Their Parents Mr. & Respondent: THE DIVISION SUPERINTENDENT OF
Mrs. Fausto Ostia; Irvin SeQuino & Renan Sequino, SCHOOLS OF CEBU AND ANTONIO A. SANGUTAN
RepreSented By Their Parents Mr. & Mrs. Lydio Sequino;
Napthale Tanacao, Represented By His Parents Mr. & Pon: GRIÑO-AQUINO, Certiorari, Mandamus and
Mrs. Manuel TanaCao; Precila Pino, Represented By Her Prohibition
Parents Mr. & Mrs. Felipe Pino; Maricris Alfar, Ruwina
Alfar, Represented By Their Parents Mr. & Mrs. FACTS
Herminigildo Alfar; Fredesminda Alfar & GuMersindo
Alfar, Represented By Their Parents Abdon Alfar; - Ebralinag-43 high school and elementary students in
Alberto Alfar & Aristio Alfar, Represented By Their in the towns of Daan Bantayan, Pinamungajan, Carcar,
Parents Mr. & Mrs. Generoso Alfar; Martino Villar, and Taburan, Cebu - Amolo-25 high school and grade
Represented By His PaRents Mr. & Mrs. Genaro Villar; school public school students whose parents are
Pergebriel Guinita & Charen Guinita, Represented By Jehovah's Witnesses. - represented by the same
Their Parents Mr. & Mrs. Cesar GuiniTa; Alvin Doop; counsel Attorney Felino M. Ganal - petitioners were
Represented By His Parents Mr. & Mrs. Leonides Doop; expelled for refusing to salute the flag, sing the
Rhilyn Laude, Represented By Her Parents Mr. & Mrs. national anthem and recite the patriotic pledge as
Rene Laude; Leoreminda Monares, Represented By Her required by RA 1265 (July 11, 1955), DECS Dept Order
Parents, Mr. & Mrs. Florencio Monares; Mercy 8, making the flag ceremony compulsory in all
Montecillo, Represented By Her Parents Mr. & Mrs. educational institutions
Manuel MonteCillo; Roberto Tangaha, RepreSented By
His Parent Iluminada Tangaha; Evelyn, Maria & Flora Republic Act No. 1265 provides:
Tangaha, Represented By Their Parents Mr. & Mrs.
"Sec. 1. All educational institutions shall henceforth observe daily flag ceremony
Alberto Tangaha; Maximo Ebralinag, Represented By or singing of the Philippine National anthem.
His Parents, Mr. & Mrs. Paquito Ebralinag; Juta Cumon,
Gideon Cumon & Jonathan Cumon, Represented By "Sec. 2. The Secretary of Education is hereby authorized and directed to issue o
Their Father Rafael Cumon; Evie LumaKang & Junar the flag ceremony herein provided.
Lumakang, RepreSented By Their Parents Mr. & Mrs.
"Sec. 3. Failure or refusal to observe the flag ceremony provided by this Act and
Lumakang; Emilio Sarsozo, Paz Amor Sarsozo & Igna Education, after proper notice and hearing, shall subject the educational institution
Marie Sarsozo, Represented By Their Parents Mr. & Mrs. punishment which shall be published at least once in a newspaper of general circu
Virgilio SarSozo; Michael Joseph & Henry Joseph,
Represented By Parent Annie Joseph; Emerson Tablason "In case of failure to observe for the second time the flag ceremony provided by
hearing, shall cause the cancellation of the recognition or permit of the private edu
& Masterlou Tablason, RepreSented By Their Parent
Emerlito Tablason The implementing rules and regulations in Department Order No. 8 provide:

Respondent: THE DIVISION SUPERINTENDENT OF "RULES AND REGULATIONS FOR CONDUCTING THE FLAG CEREMONY IN ALL EDU
SCHOOLS OF CEBU
“1. The Filipino Flag shall be displayed by all educational institutions, public and
sunrise and lowered at sunset. The flagstaff must be straight, slightly and gently ta
[G.R. NO. 95887. MARCH 1, 1993] commanding position in front of the building or within the compound.
Petitioners: May Amolo, Represented By Her Parents Mr.
& Mrs. Isaias Amolo; Redford Alsado, Joebert Alsado & “2. Every public and private educational institution shall hold a flag-raising cere
Rudyard Alsado, Represented By Their Parents Mr. & ceremony may be conducted indoors in the best way possible. A retreat shall be h
the morning shall be conducted in the following manner:
Mrs. AbelarDo Alsado; Nesia Alsado, Reu Alsado And
Lilibeth Alsado, Represented By Their Parents Mr. & "a. Pupils and teachers or students and faculty members who are in school a
Mrs. Rolando Alsado; Suzette Napoles, Represented By command, books shall be put away or held in the left hand and everybody shall co
Her Parents Ismailito Napoles And Ophelia Napoles; or leave the school grounds during the ceremony.
Jesica CarmeloTes, Represented By Her Parents Mr. &
“b. The assembly shall sing the Philippine National Anthem accompanied by
Mrs. Sergio Carmelotes; Baby Jean Macapas, the anthem may be played by the school band alone. At the first note of the Anthe
Represented By Her Parents Mr. & Mrs. Toribio persons present shall stand at attention and execute a salute. Boys and men with
Macapas; Geraldine Alsado, Represented By Her hat may stand with their arms and hands down and straight at the sides. Those in
Parents Mr. & Mrs. Joel Alsado; Raquel Demotor And their regulations. The salute shall be started as the Flag rises, and completed upon
Leah Demotor, Represented By Their Parents Mr. & Mrs.
“c. Immediately following the singing of the Anthem, the assembly shall recit
Leonardo Demotor; Jurell Villa And MeloNey Villa, version), which may bring the ceremony to a close. This is required of all public sch
Represented By Their Parents Mr. & Mrs. Joveniano or whose population is predominantly Filipino.
Villa; Jonell Hope Mahinay, Mary Grace Mahinay And
Magdalene Mahinay, Represented By Their Parents Mr. "English Version"

Victoriano vs. I will serve my country unselfishly and faithfully.petitioners say they do not participate but they stand spirit which the Constitution protects against official quietly respecting the ceremony-not disruptive Control behavior-no warrant for expulsion . public imposing a religion or religious belief or a religious test morals.Jehovah's Witnesses admittedly teach their children . . et al. Elizalde Rope Workers' Union..expulsion will violate their right as Philippine citizens. the State thru the Secretary of Educa-tion is not and imminent of a serious evil to public safety. . the petition for certiorari and prohibition from their classes or otherwise is GRANTED. protection among human rights.OSG says Bizarre religious practices of the Jehovah's Court had feared in Gerona. 106 Phil." RATIO . compelling interests do not warrant exemption of the under the 1987 Constitution. however "bizarre" those beliefs may seem to others. instead. happy and useful. 1265 and the implementing orders of learn patriotism.the court in German vs Witness. through the iron hand of the law.praying ISSUE 1) declaring null and void the expulsion or Whether school children part of the Jehovah's Witness dropping from the rolls of herein religion may be expelled for refusing to take part in the petitioners from their respective flag ceremony.German Vs Barangan .Nov 27 1990-TRO . 72-75. etc the DECS . Forcing a small religious Witnesses produce rebellious and anti-social school group.Religious freedom is a fundamental right which is It protects me and helps me to be strong.2-fold aspect: 1) freedom to believe . I will be a true Filipino in thought. to participate children and consequently disloyal and mutant Filipino in a ceremony that violates their religious beliefs. reexamine it. "The children of Jehovah's Witnesses cannot Barangan predicted that the flag ceremony will be be exempted from participation in the flag ceremony. ... we upheld the exemption of speech but enforcement of law and jurisprudence.Expelling or banning the petitioners from Philippine . I will heed the counsel of my parents. eventually abolished. entitled to the highest priority and the amplest In return. It is the home of my people. flag salute ceremonies.they consider the flag as an image or where the belief is translated into external acts that idol representing the State .The sole justification for a prior restraint or limitation Education. interest.precedents 1959 in Gerona. Moslem. country. vs. that the State has a right (and duty) to discriminatory school regulation applicable to all alike prevent. in deed.petitions were filed on Oct 31 1990 assailing only ceremony. for which the flagstands. whether Christian. but they will still study the constitution. it inculcates respect and love of duly constituted authorities. on account of their religious beliefs schools. Protestant or Jehovah's .to admit petitioners in school schools will bring about the very situation that this . but this has not yet come to pass They have no valid right to Such exemption. on the exercise of religious freedom (according to the vs. The issue is not freedom of 59SCRA54.We hold that a similar exemption may be accorded to Administrative Code of 1987). et al.the Gerona ruling had received legislative cachet by of the flag ceremony out of respect for their religious its incorporation in the Administrative Code of 1987. law-abiding citizen. The expulsion orders issued by the public implementing the expulsion ordered on respondents against the petitioners are hereby petitioners. Republic Act No. The State's . the Jehovah's Witnesses with regard to the observance . The flag salute is devoid of any religious hardly be conducive to love of country or respect for significance.absolute as long as the belief is contained within the not to do acts of worship or religious devotion to realm of thought anything except to God 2) freedom to action one's belief-subject to regulation . relation-ship of man to his Creator I will perform the duties of a patriotic. Secretary of .they think the flag salute affect the public welfare and pledge invades the sphere of the intellect and . . public health or any other legitimate public on said students. The members of the iglesia ni Cristo who are taught not to penalty of expulsion is legal and valid. more so with the join labor unions enactment of Executive Order No. 2 (1959) and Balbuna. in word. 292 (The . to receive free education school children of the Jehovah's Witnesses from the . beliefs. et al. Secretary of Education late Chief Justice Claudio Teehankee is the existence of = In requiring school pupils to participate in the flag a grave and present danger of a character both grave salute. for it involves the I will obey the rules of my school.petitioners seek only exemption from the flag . the present Court believes that the time has come to I love the Philippines. It is merely enforcing a non. It is the land of my birth. order the re-admission of petitioners to their respective schools. The temporary restraining 3) compelling the respondent and all order which was issued by this Court is hereby made persons acting for him to admit and permanent. will citizens. and " ANNULLED ANDSET ASIDE. " 2) prohibiting and enjoining respondent HELD: NO from further barring the petitioners WHEREFORE.1 John 5:21 .

. of other persons. — Non vs Dames ll ."this should not be taken to mean that school . both religious and patriotic.Japanese occupation of our country in 1942-1944- authorities are powerless to discipline them" if they every Filipino was forced to bow to the Japanese flag should commit breaches of the peace by actions that and every Japanese soldier offend the sensibilities.