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SECTION 5. No law shall be made respecting any religion or prohibiting the free exercise thereof.

The free exercise and enjoyment of religious worship and


profession, without discrimination or preference, shall be forever allowed. No religious test shall be required for the exercise of civil or political rights.

Religion- is a profession of faith to an active force that binds and elevates man to his Creator.
Non-establishment Clause- constrains the government from involving itself in religious matters.
Free Exercise Clause- The purpose of the of the clause is to secure religious liberty in the individual by prohibiting any invasions thereof by civil authority.

Case Facts Ruling Doctrine

Non-establishment clause

Aglipay v. Director of Posts announced he Act No. 4052 grants the Director of Posts a discretionary The Court allowed for the issuance of religious
Ruiz would be issuing and selling power to determine when the issuance of postage stamps commemorative stamps, even if there were
stamps commemorating the would be advantageous to the Government. incidental benefits to the Church, since those
celebration of the 33rd -does not authorize the use, appropriation or application of benefits, if any, were NOT the primary aim and
International Eucharistic Congress public money or property for the use, benefit or support of a purpose of the issuance of the stamps, the main
organized by the Roman Catholic particular sect or church. purpose being to generate profit and boost
church -the postage stamps was not inspired by any sectarian tourism.
-Act No. 4052 granted him the feeling to favour a particular church or religious
right to do so. denomination.
-stamps were not sold for the benefit of the Roman Catholic
Issue: Church.
Selling of commemorative stamps, -the only purpose of the stamp was to advertise the
which favors one religion. Philippines and attract more tourists to this country.
-the actual design and print show the map of the Phil. and
the location of Manila instead of the church’s chalice.
-the gov’t shall not be embarrassed in its activities simply
because of incidental results, more or less religious in
character, if the purpose had in view is one which could be
legitimately undertaken by appropriate legislation.

Garces v. The barangay council passed -The resolutions do not directly or indirectly establish any A statute by a local government intended to
Estenzo Resolution 5 which revives the religion, nor abridge religious liberty, nor appropriate public facilitate the worship of the patron saint (such as
celebration of the feast day of money, or property for the benefit of any sect, priest or the acquisition of an image) is neither illegal nor
their patron saint, San Vicente clergyman. violative of the doctrine of ‘separation of church
Ferrer. Through cash soliciations -The image was purchased with private funds, not with tax and state’. The church cannot also take custody
and donations, an image of their money. over an item if it’s not acquired by church
patron saint and also construction -The construction of a waiting shed is entirely a secular money/ property.
of waiting sheds will be attained. matter.
-The image was temporarily -The barrio fiesta is a socio-religious affair. Its celebration is
placed in the church during the an ingrained tradition in rural communities. The fiesta
fiesta. relieves the monotony and drudgery of the lives of the
masses.
Issue: -The image in question belongs to the brgy. Council and the
Prohibition of the use of money latter has the right to determine who should have the
for public purpose custody thereof.
School Students in public schools of -The Establishment Clause prohibits the government from Test for Establishment Clause:
District v. Pennsylvania were required to involving itself in religious matters. 1. If the primary effect and purpose of
Schemmp read at least ten verses from the -The State may NOT draft or conduct religious prayers in the enactment neither advances nor
Bible every morning and recite the schools filled with captive audiences of children. inhibits the religion.
Lord’s Prayer. -No state law or school board shall require the schools to 2. There must be a secular legislative
conduct the assailed activities in this case, even if individual
Issue: students may be excused from attending or participating Test for Free Exercise Clause:
Mandatory reading of the bible such exercises upon written request of their parents.  There must be a coercive effect of the
and recitation of the Lord’s Prayer -The ability of a parent to excuse a child from these enactment as it operates against a
ceremonies by a written note was irrelevant since it did not person who practices his religion.
prevent the school’s action from violating the
Establishment Clause. The government should be neutral about
religion; it protects all but cannot promote or
favor any. The State cannot forbid but it cannot
likewise aid in the performance of religious
functions. Ceremoniously reading from the Bible
and reciting The Lord’s Prayer are clearly
exercises of religion, and to require their
performance would violate the rights of the
students.

BOE v.
Commented [1]:
Allen