REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

CHRISTIAN COMMUNITY
CHURCH, ET AL.,
Petitioners,

-versus- G.R. No. BCDEFG

For: Certiorari and Prohibition,
with Prayer for a Preliminary
Prohibitory Injunction and/ or
Temporary Restraining Order

THE EXECUTIVE SECRETARY,

ET AL.,
Respondents.
x-------------------------------------------x

MEMORANDUM

PETITIONERS CHRISTIAN COMMUNITY CHURCH, ET AL.,

through counsel, respectfully file this Memorandum before the Honorable
Court and state that:

I. TIMELINESS OF THE MEMORANDUM

On March 20, 2021, the Inter Agency Task Force (IATF) issued a
resolution that was affirmed by the Executive Department by virtue of the
issuance of the Memorandum of the Executive Secretary dated March 21,
2021 that violates the right of herein petitioners, as provided for in Article 3,
Section 5 of the 1987 Constitution and the United Nations Charter of Human
Rights as stated in Article 18.

II. STATEMENT OF FACTS

1. On 20 March 2021, the Inter-Agency Task Force for the Management
of Emerging Infectious Diseases (IATF) issued Resolution No. 104 Series of
2021 endorsing to President Rodrigo R. Duterte for his approval the
following measures:

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved,

that the IATF endorses to the President for his approval, the following

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 measures to address the rising cases of COVID-19 in the National
Capital Region and contiguous provinces of Bulacan, Cavite, Laguna,
and Rizal effective for the limited period of March 22, 2021 until
April 4, 2021, subject to review upon the expiration of said period:

A. The provinces of Bulacan, Cavite, Laguna, and Rizal shall be

placed under General Community Quarantine together with the highly
urbanized cities of the National Capital Region, and the municipality
of Pateros. For purposes of this Resolution, the following areas shall
be treated as one Subject Area;

B. The following additional restriction measures shall be put in place

in the entirety of the Subject Area:
xxx xxx xxx

b. All mass gatherings including religious gatherings shall be

prohibited. xxx.
(emphasis and underscoring supplied)

NOTE: IATF Resolution No. 104 Series of 2021 is included as ANNEX 1

for Problem 2.

2. On 21 March 2021, President Duterte—acting through the

Executive Secretary--and pursuant to the recommendation of the IATF under
Resolution No. 104 issued the Memorandum from the Executive Secretary
approving, inter alia, the following measures to address the rising cases of
COVID-19 in the country:

A. Effective 22 March 2021 to 4 April 2021, the provinces of

Bulacan, Cavite, Laguna, and Rizal shall be placed under General
Community Quarantine together with the highly urbanized cities of
the National Capital Region, including the municipality of Pateros.
The said areas shall be treated as one Subject Area;

B. The following additional restrictions shall be put in place in the

entirety of the Subject Area during the above-stated period:
xxx xxx xxx
2. All mass gatherings including religious gatherings shall be
prohibited. xxx.

(emphasis and underscoring supplied, emphasis in the original)

NOTE: The March 21, 2021 Memorandum from the Executive Secretary is
included as ANNEX 2 for Problem 2.

3. The prohibition on all religious gatherings imposed by IATF

Resolution No. 104 Series of 2021 and the March 21, 2021 Memorandum
from the Executive Secretary in the Subject Area during the period of March

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22, 2014 until April 4, 2021— coincides with the Christian Holy Week from
1 to 4 April 2021.
4. The Christian Holy Week from 1 to 4 April 2021 is the central
festivity of the Christian faith—celebrated across the different Christian faith
traditions and denominations— as this week celebrates the life, passion,
death, and resurrection of the Lord Jesus Christ as fulfillment of God’s
divine plan of salvation for humanity and the world.

5. On March 22, 2021, the Christian Community Church and a

broad group of individuals from different Christian traditions, who are all
residing in the Subject Area, filed a Petition for Certiorari before the
Philippine Supreme Court entitled Christian Community Church, et al. vs.
The Executive Secretary, the Inter-Agency Task Force for the Management
of Emerging Infectious Diseases (IATF), and the Secretary of Health
wherein they challenged the legality of the following:
a) IATF Resolution No. 104 Series of 2021; and
b) March 21, 2021 Memorandum from the Executive Secretary

and contended that these issuances and their implementation violate their
constitutional and human rights.

6. On March 23, 2021, the Supreme Court (SC) ordered the Office
of the Solicitor General (OSG), as counsel for the DOTr, to file a Comment
to the Petition for Certiorari.

7. The SC set the case Christian Community Church, et al. vs. The
Executive Secretary, et al. for oral arguments on March 30, 2021 from 1PM-
2PM.

III. ISSUES
1) Whether or not (a) IATF Resolution No. 104 Series of 2021 and (b)
the March 21, 2021 Memorandum from the Executive Secretary violate
constitutional rights? Justify.
3) Whether or not (a) the IATF Resolution No. 104 Series of 2021 and
(b) the March 21, 2021 Memorandum from the Executive Secretary violate
human rights? Justify

IV. LEGAL ARGUMENTS

IATF Resolution No. 104 and Memorandum from Executive
Secretary dated March 21, 2021 volated Article 18 of the United
Nations Charter on Human Rights, which states that “everyone has
the right to freedom of thoughts, conscience and religion or belief,
and to chnge his religious belief and freedom, either alone or

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community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance”

IATF Resolution No. 104 and Memorandum from Executive

Secretary dated March 21, 2021 violated Article III, Section 5 of the 1987
Constitution which states 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.”

V. DISCUSSION
IATF Resolution No. 104 Series of 2021 and the March 21, 2021
Memorandum from the Executive Secretary volated human rights and
violate constitutional rights, My answer is based on the following:

Freedom of religion or religious liberty is a principle that supports the

freedom of an individual or community, in public or private, to manifest
religin or belief in teaching, practice, worship, and observance.

The prohibition on all religious gatherings imposed by IATF

Resolution no. 104 series of 2021 and the March 21, 2021 Memorandum by
the Executive Secretary, during the period of March 22, 2021 until April 4,
2021 which coincides with the Christian Holy Week from 1 to 4 April 2021
violate the human rights of the Christian Community Church and a broad
group of individuals from different Christian traditions.

This is based on the reason that the members of these Christian

Community Church and other Christian Groups can still be allowed to
gather, worship and perform their religious rites and activities in their
churches and desired places of worship by wearing the presicribed Covid
protective gears like the face mask and face shields and by strictly following
the protocols on social distancing, to avoid contracting the virus. Instead,
ofresorting to depriving and restricting them totally to exercise their right to
gather and workship their religion.

Religious freedom protects people’s right to live speak, and

according to their belief peacefully publicly. It protects their ability to be
themselves at work and other social activities.

PRAYER

WHEREFORE, premises considered, Petitioners respectfully pray

that the Honorable Court GRANT the Petition and:

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By the Counsel for Petitioners in G.R. No.
BCDEFG:

ROSEDEMAE B. BOLONGAITA
rosedemaebbolonngaita@su.edu.ph