Gerona, et. al v SEC.

OF EDUCATION

FACTS:

Petitioners belong to the Jehova’s Witness whose children were expelled from their
schools when they refused to salute, sing the anthem and recite the pledge during the conduct
of flag ceremony. DO No. 8 issued by DECS pursuant to RA 1265 which called for the manner
of conduct during a flag ceremony. The petitioners wrote the Secretary of Education on their
plight and requested to reinstate their children. 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 or not the Department Order No. 8 violates the constitutional right to
freedom of religion?

NO, The Filipino flag is not an image that requires religious veneration, rather it is symbol
of the Republic of the Philippines, of sovereignty, an emblem of freedom, liberty and national unity;
that the flag salute is not a religious ceremony but an act and profession of love and allegiance and
pledge of loyalty to the fatherland which the flag stands for;
That it is by authority of the legislature, the Secretary of Education was duly authorized to
promulgate DO No. 8; that the requirement of observance of the flag ceremony or salute provided in
DO No. 8, does not violate the Constitutional provision about freedom of religion and exercise of
religion;
The compliance with the non-discriminatory and reasonable rules and regulations and
school discipline, including observance of the flag ceremony is a prerequisite to attendance in public
schools.
Thus, the Petitioners’ children were properly excluded and dismissed from the public
school they were attending for failure and refusal to participate in the flag ceremony.

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