I.

Separation of Church and State

Section 6. The separation of Church and State shall be inviolable.

Mind you, Bar questions were asked concerning this principle. For
example in the 2017 Bar Exams in Political Law, this question
was asked:

You need to go back to your

Congress passed a bill appropriating PlOO-billion. Part of the money is to be
past usedlessons
for the purchasebefore
of a 200-hectare property in Antipolo. The rest shall
attempting tofor the
be spent answer
developmentthe of the area and the construction of the
Universal
question above. Temple for All the World's Faiths (UTAW-F). When completed, the
site will be open, free of charge, to all religions, beliefs, and faiths, where
each devotee or believer shall be accommodated and treated in a fair and
You needequalalso
manner,to without
reviewdistinction,
the favor, or prejudice. There will also be
legal history of the principle. in the area which can be used for the conduct
individual segments or zones
of whatever rituals, services, sacraments, or ceremonials that may be
A complete historical
required by the customs or practices of each particular religion. The
background
President as well
approved the bill,as
happy in the thought that this could start the
theories were discussed at country and encourage people of varied
healing process of our wounded
and often conflicting faiths to live together in harmony and in peace.
length by the SC in the case
of Estrada vs.is questioned
If the law Escritor on (EN
the ground that it violates Sec. 5, Article III of the
BANC, A.M. No. P-02-1651, be made respecting an establishment of
Constitution that "no law shall
Augustreligion or prohibiting the free exercise thereof," how will you resolve the
4, 2003):
challenge? Explain. (5%)

The purpose of the religion clauses - both in the restriction it

imposes on the power of the government to interfere with the free
exercise of religion and the limitation on the power of
government to establish, aid, and support religion - is the
protection and promotion of religious liberty.
goal, and the rationale of the religion clauses is this
liberty.133 Both clauses were adopted to prevent government
imposition of religious orthodoxy; the great evil against which
they are directed is government-induced homogeneity.

In other words, free exercise is the end, proscribing

establishment is a necessary means to this end to protect the
rights of those who might dissent from whatever religion is
established.
neutrality principle

Religious freedom, however, as a constitutional mandate is

not an inhibition of profound reverence for religion and is not
a denial of its influence in human affairs. Religion as a
profession of faith to an active power that binds and elevates
man to his Creator is recognized. And, in so far as it instills
into the minds the purest principles of morality, its influence
is deeply felt and highly appreciated. When the Filipino
people, in the preamble of their Constitution, implored "the
aid of Divine Providence, in order to establish a government
that shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of
independence under a regime of justice, liberty and
democracy," they thereby manifested their intense religious
nature and placed unfaltering reliance upon Him who guides
the destinies of men and nations. The elevating influence of
religion in human society is recognized here as elsewhere. In
fact, certain general concessions are indiscriminately
accorded to religious sects and denominations. . .

Free Exercise Clause vis-à-vis Establishment Clause

Principle of Complementarity

The provisions of the 1935, 1973 and 1987 constitutions on

tax exemption of church property, salary of religious
officers in government institutions, optional religious
instruction and the preamble all reveal without doubt that
the Filipino people, in adopting these constitutions, did not
intend to erect a high and impregnable wall of separation
between the church and state.
approach which examines only whether government action
is for a secular purpose and does not consider inadvertent
burden on religious exercise protects such a rigid barrier.
By adopting the above constitutional provisions on religion,
the Filipinos manifested their adherence to the
benevolent neutrality approach
 WHAT IS THE BENEVOLENT NEUTRALITY
APPROACH?

Court will not look with hostility or act

indifferently towards religious beliefs and
practices and that it will strive to
accommodate them when it can within
flexible constitutional limits
Court will not simply dismiss a claim under the Free
Exercise Clause because the conduct in question offends
a law or the orthodox view for this precisely is the
protection afforded by the religion clauses of the
Constitution, i.e., that in the absence of legislation
granting exemption from a law of general
applicability, the Court can carve out an exception
when the religion clauses justify it.
cannot adopt a doctrinal formulation that can eliminate
the difficult questions of judgment in determining the
degree of burden on religious practice or importance of
the state interest or the sufficiency of the means adopted
by the state to pursue its interest, the Court can set a
doctrine on the ideal towards which religious clause
jurisprudence should be directed.

The ideal towards which this approach is directed is

the protection of religious liberty "not only for a
minority, however small- not only for a majority,
however large- but for each of us" to the greatest
extent possible within flexible constitutional limits

We will discuss later the EXERCISE OF RELIGIOUS FREEDOM

when we discuss the Bill of Rights. But it is important to point out
this early the other provisions of the Constitution related to the
principle of separation of Church and State:

1) Article III, Section 5 provides that: “No law shall be made respecting
an establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No
 religious test shall be required for the exercise of civil or political
rights.”

2) Art. VI, Section 28. xxx Charitable institutions, churches and

personages or convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation.

3) Article VI, Section 29. xxx xxx No public money or property shall
be appropriated, applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or
leprosarium.

Article XIV, Section 3. xxx xxx At the option expressed in writing by

the parents or guardians, religion shall be allowed to be taught to
their children or wards in public elementary and high schools within
the regular class hours by instructors designated or approved by the
religious authorities of the religion to which the children or wards
belong, without additional cost to the Government.

Separation of Church and State is Reinforced by:

1. Freedom of Religion Clause (Article III, Section 5)

2. Religious sect cannot be registered as a political party (Article IX-C,

Section 2(5))

3. No sectoral representatives from the religious sector. (Article VI, Section

5 (2))

4. Prohibition against appropriation against sectarian benefit. (Article VI,

29(2))
ARE THERE EXCEPTIONS TO THE SEPARATION?

Yes. Exceptions
1.
Churches, parsonages, etc. actually, directly and exclusively used for
religious purposes shall be exempt from taxation. (Article VI, Section
28(3)).

2.
When priest, preacher, minister or dignitary is assigned to the armed
forces, or any penal institution or government orphanage or leprosarium,
public money may be paid to them. (Article VI, Section 29(2))

3.
Optional religious instruction for public elementary and high school
students. (Article XIV, Section 3(3)).

4.
Filipino ownership requirement for education institutions, except those
established by religious groups and mission boards. (Article XIV, Section
4(2))