ANNOTATION I believe that this practice, infringes in a way, an individual’s
right to act in accordance with one’s belief.
THE RIGHT TO BELIEVE
By
DAVID ROBERT C. AQUINO, CSEE 1 Among all the rights guaranteed by the Constitution all, save
_________________
There is common practice among government offices to
mandate the attendance of its personnel in its Monday
morning flag raising ceremony. In fact, such a practice is
already considered a matter of policy with the end in view of
instilling patriotism and national identity among civil
servants. This practice is mirrored in public and even private
schools with the same purpose in mind. Such a practice is
often effected through an office or school advisory.
It is respectfully submitted that any advisory enjoining all
employees to attend, although of noble intention, needs to be
revisited using another perspective.
Let us ask ourselves—Do we, as Filipinos, and more
particularly as public servants, need an office directive so as
to ensure our attendance and participation in the regular
Monday flag raising ceremony?
Allow me then to submit for everyone’s consideration and for
purposes of academic discussion, my humble opinion on the
matter. Moreover, it would be very much appreciated if
discussion and enlightenment on the appropriateness of such
a policy would be facilitated either through concurring or
dissenting views, since this humble opinion takes the position
and role of a devil’s advocate.
Allow me to being—the compulsory attendance in flag raising
ceremonies in government offices is a long established
practice in our society. Yet in my humble and limited opinion,
Allow me to humbly elucidate:
one, may be curtailed by the state’s inherent powers—police
power, eminent domain and the power to tax.
This one exception is THE RIGHT TO BELIEVE. This is
the only right that is absolute.
From this premise—the state cannot curtail nor regulate this
right. It can only regulate the actions that emanate from
such belief. The state can only act if such beliefs spawned
acts that are detrimental or injurious to others or to the
state.
State action, however, cannot be arbitrary—there are
established tests in order to validate an exercise of the state
of either its police power or eminent domain. These tests that
qualify a state act as valid or not are the balancing of rights
testsand the clear and present danger test. If such acts of
state do not pass these established tests then the state action
in itself is a grave abuse of power.
It should be noted that variations of this issue are not new.
In fact, orders or directives compelling attendance in flag
raising ceremonies have been the subject of judicial
contention in the past since the Gerona case was overturned
by the Ebralinag case. 2
Although said case focused on the primacy of religious belief
over the state’s power to compel attendance in flag
ceremonies, I believe the doctrine laid down in that case may
be expanded further.
Religious conviction in the ultimate analysis is nothing more
than personal belief or conviction—the right to believe in a
divine entity or the right not to believe.
The bottom line is, the right to believe takes precedence over
all else. Hence, we again go back to the premise that belief is
an absolute right—it is only when actions done pursuant to
such belief conflicts with law, morals and public order can
such acts be regulated through the state’s police power
subject to certain tests or parameters mentioned earlier.
As to the issue of patriotism—to inculcation of which is one of
the purposes behind the mandatory attendance in flag
raising ceremonies, I do not believe that non-attendance in
the same would make any person less of a patriot. Patriotism
is nurtured in the heart through spontaneous and voluntary
action.
Simply put, patriotism can never be forced. As remarked in a
case from a different jurisdiction:
“... to believe that patriotism will not flourish if patriotic
ceremonies are voluntary and spontaneous instead of a compulsory
routine is to make an unflattering estimate of the appeal of our
institutions to free minds...When they [diversity] are so harmless
to others or to the state as those we deal with here, the price is not
too great. But freedom to differ is not limited to things that do not
matter much. That would be a mere shadow of freedom. The test of
its substance is the right to differ as to things that touch the heart
of the existing order.”
3
And in another decision:
“Furthermore, let it be noted that coerced unity and loyalty even to
the country, ...—assuming that such unity and loyalty can be
attained through coercion—is not a goal that is constitutionally
obtainable at the expense of religious liberty.”
4
We are a country that espouses democratic ideals and
institutions. Such a situation not only contemplates freedom
of choice but also freedom of diverse choices.
It is certain that not every conscience can be accommodated
by all the laws of the land; but when general laws conflict
with scruples of conscience, exemptions ought to be granted
unless some “compelling state interests” intervene. 5
Freedom of speech includes the right to be silent.
Aptly has it been said that the Bill of Rights that guarantees
to the individual the liberty to utter what is in his mind also
guarantees to him the liberty not to utter what is not in his
mind. The salute is a symbolic manner of communication
that conveys its message as clearly as the written or spoken
word ... This coercion of conscience has no place in the free
society.
6
In sum, compulsory attendance violates the fundamental law
of the land not because the aim of the exercise is doubtful but
because the means employed for accomplishing it is not
permitted.
Legitimate ends cannot be pursued by methods which violate
fundamental freedoms when the ends may be achieved by
rational ones.
Finally, allow me to humbly state that the Machiavellian
tenet—the end justifies the means—is anathema to the
democratic character of our nation.
Let us not lose sight of what our democratic institutions
stand for—that we may not allow the ends to justify the
means.
——o0o——