Article III

BILL OF RIGHTS
 As to contents

• That dealing with the framework of government and its

powers, and defining the electorate. This group of provisions
has been called the constitution of government;
• That setting forth the fundamental rights of the people and
imposing certain limitations on the powers of the
government as a means of securing the enjoyment of these
rights. This group has been referred to as the
constitution of liberty; and
• That pointing out the mode of procedure for amending or
revising the constitution. This group has been called the
constitution of sovereignty.
 What is Bill of Rights?
• A bill of rights may be defined as a
declaration and enumeration of a person’s
rights and privileges which the Constitution is
designed to protect against violations by the
government, or by an individual or groups of
individuals. It is a charter of liberties for the
individual and a limitation upon the power of
the State.
 Classes of Rights

(1) Natural Rights – They are those rights

possesses by every citizen without being
granted by the State for they are given to man
by Gods as a human being created to His
image so that he may live a happy life.
Examples are the right to life, the right to
liability, the right to property, and the right to
love.
(2) Constitutional Rights – They are those
rights which are conferred and protected by
the Constitution. Since they are part of the
fundamental law, they cannot be modified or
taken away by the law-making body;
(3) Statutory Rights – They are those rights
which are provided by laws promulgated by
the law-making body and, consequently, may
be abolished by the same body. Examples are
the right to receive a minimum wage and 8-
hour labor law.
Classification of Constitutional Rights
 Political Rights
They are such rights of the citizens which
give them the power to participate, directly or
indirectly, in the establishment or
administration of the government.
Among these rights are the right of citizenship
(Art. IV.), the right of suffrage (Art. V.), and the
right to information on matters of public
concern (Sec. 7.)
 Civil Rights

They are those rights which the law will enforce at the
instance of private individuals for the purpose of securing
to them the enjoyment of their means of happiness.

• They include the rights to due process and equal

protection of the laws (Sec. 1.); the rights against
involuntary servitude (Sec. 18[2].); religious freedom
• (Sec. 5.); liberty of abode and of changing the same (Sec.
6.)
 Social, economic, and cultural rights

They include those rights which are intended to insure the well-
being and economic security of the individual.

The right to property (Sec. 1.) and the right to just compensation
for private property taken for public use (Sec. 9.) belong more
appropriately under this third category of rights. They are also
provided in the articles dealing with the promotion of social
justice (Art. XIII.), the conservation and utilization of natural
resources (Art. XII, Sec. 2.), and the promotion of education (Art.
XIV, Secs. 1, 2, 5[4, 5].), science and technology (Ibid., Secs. 10-
13.), and arts and culture. (Ibid., Secs. 17, 18.)
 Rights of the accused
They are the civil rights intended for the
protection of a person accused of any crime,
like the right to presumption of innocence, the
right to a speedy, impartial, and public trial,
and the right against cruel, degrading, or
inhuman punishment.
SECTION 1: No person shall be
deprived of life, liberty, or
property without due process of
law, nor shall any person be
denied the equal protection of
the laws.
 Aspects of Due Process of Law

(1) Procedural due process which refers to the

method or manner by which the law is
enforced. It requires a procedure “which
hears before it condemns, which proceeds
upon inquiry, and renders judgment only after
trial”. An indispensable requisite of this aspect
of due process is the requirement of notice
and hearing; and
(2) Substantive due process which requires
that the law itself, not merely the procedures
by which the law would be enforced, is fair,
reasonable, and just. In other words, no
person shall be deprived of his life, liberty or
property for arbitrary reasons or on flimsy
grounds.
 Persons Protected

• The term “person” in the above constitutional

provision embraces all the persons within the
territorial jurisdiction of the Philippine, without regard
to any difference of race, color, or nationality,
including aliens.

• Private corporations likewise, are persons within the

scope of the guarantee in so far as their property is
concerned. But not municipal corporations (local
government) as they are mere creature of the state.
 Meaning of LIFE

• Life, as protected by due process of law,

means something more than mere animal
existence. The prohibition against its
deprivation without due process extends to all
the limbs and faculties by which life is
enjoyed.
 Meaning of LIBERTY

• Liberty, as protected by due process of law,

denotes not merely freedom from physical
restraint (e.g., imprisonment). It also
embraces the right of man to use his faculties
with which he has been endowed by his
Creator subject only to the limitation that he
does not violate the law or the rights of others.
 Meaning of PROPERTY

• Property, as protected by due process of law,

may refer to the thing itself or to the right
over a thing. The constitutional provision,
however, has reference more to the rights
over the thing. It includes the right to own,
use, transmit and even to destroy, subject to
the right of the State and of other persons.
 Meaning of Equal Protection of the Law

• Equal protection of the laws signifies that “all

persons subject to legislation should be
treated alike, under like circumstances and
conditions both in the privileges conferred and
liabilities imposed.”
  
Reasonable Classification Permitted

• foreign corporations are made to pay higher amount of taxes

that that paid by domestic corporations;
• certain professions (e.g., Sumo wrestler) are limited to persons
of the male sex;
• certain privileges for leaves and shorter hours of labor
extended to women are not extended to men;
• preference is given to Filipino citizens (as against aliens) in the
lease of public market stalls;
• different professions are taxed at different amounts; and
• employment in factories of children under designated ages is
prohibited.
SEC. 2. The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except
upon probable cause to be determined
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place
to be searched and the persons or things to be seized.
(1) Search Warrant is an order in writing, issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding
him to search for certain personal property and bring
it before the court.

(2) Warrant of Arrest, the written order, if the

command is to arrest a person designated, i.e., to take
him into custody in order that he may bound to
answer for the commission of an offense.
 What is Probable Cause?
• By PROBABLE CAUSE is meant such facts and
circumstances antecedent to the issuance of a
warrant sufficient in themselves to induce a
cautious man to rely upon them and act in
pursuance thereof.
 refers to facts or evidence that would make a
reasonable person believe that a crime or
wrong doing has been, is being, or will be
committed.
 Scope of the Protection

• Persons. The protection applies to everybody, to citizens

as well as aliens in the Philippines, whether accused of
crime or not. Corporations are also entitled to the
protection.
• Houses. The protection is not limited to dwelling houses
but extends to a garage, warehouse, shop, store, office,
and even a safety deposit vault. It doess not extend,
however, to the open spaces and fields belonging to one.
• Papers and effects. They include sealed letters and
packages in the mail which may be opened and examined
only in pursuance of a valid search warrant.
A search or seizure made without a
search warrant is not necessarily,
illegal, and one made under a search
warrant in not necessarily legal.
 Requisites for a valid search warrant or warrant of arrest

• It must be issued upon probable cause;

• The probable cause must be determined personally
by the judge himself;
• Such determination of the existence of probable
cause must be made after examination by the judge
of the complainant and the witnesses he may
produce; and
• The warrant must particularly describe the place to
be searched, and the persons or things to be seized.
 Meaning of probable cause

By probable cause is meant such facts and

circumstances antecedent to the issuance of a
warrant sufficient in themselves to induce a
cautious man to rely upon them and act in
pursuance thereof.
 Test of sufficiency affidavit

The true test of sufficiency of an affidavit to

warrant issuance of a search is whether. It had
been drawn in such manner that perjury
could be charged thereon and affiant be held
liable for damages in case his declarations are
found to be false.
 When search and seizure would be made without warrant?

• Where there is consent or waiver;

• Where search is an incident to a lawful arrest;
• In the case of contraband or forfeited goods being transported by ship, automobile,
or other vehicle, where the officer making it has reasonable cause for believing that
the latter contains them in view of the difficulty attendant to securing a search
warrant;
• Where, without a search, the possession of articles prohibited by law is disclosed to
plain view or is open to eye and hand;
• As an incident of inspection, supervision, and regulation in the exercise of police
power such as inspection of restaurants by health officers, of factories by labor
inspectors, etc. the same thing may be said of inspection of books of accounts by
revenue examiners; and
• Routinary searches usually made at the border or at ports of entry in the interest of
national security and for the proper enforcement of customs and immigration laws.
 When arrest may be made without warrant

• When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense;
• When an offense has in fact just been committed and he
has personal knowledge of facts indicating that person to
be arrested has committed it; and
• When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgement or temporarily confined while jis
case is pending, or escaped while being transferred from
one confinement to another.
SEC. 3. (1) The Privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribed by law.
(2) Any Evidence obtained in violation of this
or the preceding section shall be inadmissible
for any purpose in any proceeding.
• The right of privacy is concisely defined as the
right to be left alone. It has also been defined
as the right of a person to be free from
undesired publicity, or disclosure and as the
right to live without unwarranted interference
by the public in matters with which the public
is not necessary concerned.
 The Writ of Habeas Data

• The writ of habeas data is a judicial remedy

available to any individual whose right to
privacy in life, liberty, or security is violated or
threatened by an unlawful act or omission of a
public official or employee or of a private
individual or entity engaged in the gathering,
collecting, or storing data or information
regarding the person, family, home and
correspondence of the aggrieved party.
 Writ of Amparo

• The writ of habeas corpus is not to be confused

with the Writ of Amparo. Now, families of
victims of extrajudicial killing and enforced
disappearances (or any qualified person or
entity) can evoke the writ when the right to
life, liberty, or security of a person is violated
or threatened with violation by an unlawful
act or omission of a public official or employee
or of a private individual or entity.
 Permissible interference
The right is not violated when the interference is
made:

– Upon lawful order of the court: or

– When public safety or order requires otherwise as
prescribed by law.
Section 4. No law shall be passed abridging
the freedom of speech, of expression, or of
the press, or the right of the people peaceably
to assemble and petition the government for
redress of grievances.
“Speech,” “Expression,” and “Press”

Speech and expression include any form

of oral utterances. They cover picketing for by
it one silently expresses what he has in mind,
display of a flag, and salute to the flag.

Press covers every sort of publications:

newspapers, periodicals, magazines, books,
handbills, leaflets, etc.
• Freedom of Expression implies the right to freely utter
and publish whatever one please without previous
restraint, and to be protected against any responsibility
for so doing as long as it does not violate the law, or
injure someone’s character, reputation or business.

• The Right of Assembly means the right on the part of the

citizens to meet peaceably for consultation in respect to
public affairs.

• The Right of Petition means the right of any person or

group of persons to apply, without fear of penalty, to the
appropriate branch or office of the government for
re3dress of grievances.
Freedom of Expression
not absolute
 Slander versus Libel
• Slander involves the oral "publication" of a defamatory
remark that is heard by another, which injures the subject's
reputation or character.  Slander can occur through the use
of a hand gesture or verbal communication that is not
recorded.  Libel, on the other hand, is the written
"publication" of a defamatory remark that has the
tendency to injure another's reputation or character. Libel
also includes a publication on radio, audio or video.  Even
though this would be considered oral, or verbal,
communication to someone it is actually considered to be
libel because it is published in a transfixed form.
Sec. 5. 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.
 What is religious freedom?

• It is the rights of a man to worship God, and

to entertain such religious views as appeal
to his individual conscience, without
dictation or interference by any person or
power, civil or ecclesiastical.
 RELIGION,
in its broadest sense,
includes all forms of belief in the
existence of superior beings
exercising power over human
beings and imposing rules of
conduct with future state of
rewards or punishment.
 Aspect of Religious Freedom

• The separation of Church

and State; and

• The freedom of religious

profession and worship.
 The demarcation line

“Render unto Ceasar the

things that are Ceasar’s
and unto God the things
that are God’s.”
 Establishment of Religion Clause

• The State shall have no official religion

• The State cannot set up a church, whether or not
supported with public funds; nor aid one religions, or
prefer one religion over another;
• Every person is free to profess belief or disbelief in any
religion;
• Every religious minister is free to practice his calling;
and
• The State cannot punish a person for entertaining or
professing religious beliefs or disbeliefs.
 caveat
• It has been held, however, that it is violative
of religious freedom to compel one to
salute the flag, sing the national anthem and
recite the patriotic pledge, during a flag
ceremony on pain of being dismissed from
one’s job or of being expelled from school,
when these are considered as “acts of
worship” or “religious devotion” to an image
or idol are contrary to his religion.
Ebralinag vs. Division
Superintendent of
Schools of Cebu
 Religious Test
• A religious test is one demanding the avowal
or repudiation of certain religious beliefs
before the performance of any act. Thus,
under this injunction, laws prescribing the
qualification of public officials or employees,
whether appointive or elective, or of voters,
may not contain requirements of religious
beliefs.
• SEC. 6. The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired expert upon lawful
order of the court. Neither shall the right to
travel be impaired except in the interest of
national security, public safety, or public
health, as may be provided by law.
• The liberty of abode is the right of a person to
have his home in whatever place chosen by
him and thereafter to change it at will.

• The right to travel means to go where he

pleases, without interference from any source.
• Section 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and
to documents, and papers pertaining to
official acts, transactions, or decisions, as well
as to government research data used as basis
for policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
• Section 8. the right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.

 the right to join an association includes

the right to leave and cancel his
membership with said organization or to
abstain from joining one.
  

• Section 9. Private property shall not be taken

for public use without just compensation
 Essentials or Inherent Powers of the State

• Eminent Domain is the right or power of the State or of those to whom the
power has been lawfully delegated to take (or expropriate) private property
for public use upon paying to the owner a just compensation to be
ascertained according to law.

• Police Power has been referred to as the power of the State to enact such
laws or regulations in relation to persons and property as may promote
public health, public morals, public safety, and the general welfare and
convenience of the people.

• Taxation is the power of the State to impose charge or burden upon

persons, property, or property rights, for the use and support of the
government and to enable it to discharge its appropriate functions.
 Similarities of the Three Powers

a. They all rest upon necessity because there can be no

effective government without them;
b. They are inherent in sovereignty
c. They are ways by which the State interferes with
private rights and property;
d. They are all legislative in character; and
e. They all presuppose an equivalent compensation
received, directly or indirectly, by the person affected by
the exercise of these powers by the government.
Distinctions among the Three Powers
 As to authority which exercises the power

 
• Taxation and police power are exercised only
by the government, while the exercise of the
power of eminent domain may be granted to
public service companies
 As to purpose

• In taxation, the property (generally in the form

of money) is taken for the support of the
government; in eminent domain, for public
use; and in police power, the property is taken
or destroyed for the purpose of promoting the
general welfare.,
 As to effect

• In taxation, the money contributed becomes

part of public funds; in eminent domain, there
is a transfer of the right to property whether it
be ownership or a lesser right; and in police
power, there is no transfer; at most, there is a
restraint in the injurious use of property.
 As to person affected

• Taxation and (usually) police power operate

upon a community or a class of individuals,
while eminent domain operates on an
individual as the owner of a particular
property
 As to benefits received

 
• In taxation, it is assumed that the individual receives
the equivalent of the tax in the form of benefits and
protection he receives from the government; in
eminent domain, he receives just compensation for
the property expropriated; and in police power, the
compensation of the individual is not immediate and
usually annoyance and financial loss are caused to him
leaving the reward to be reaped through his altruistic
recognition that the restraint is for the public good.
Section 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
SEC.12. (1) Any person under investigation for
the commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of counsel, he must be provided with
one. These rights cannot be waived except in
writing and in the presence of counsel.
to be recited by the elements of the
PNP whenever they arrest suspects
“You have the right to remain silent. Any
statement you make may be used against
you in a court of law in the Philippines. You
have the right to have a competent and
independent counsel preferably of your
own choice. If you cannot afford the
services of a counsel, the government will
provide you one. Do you understand these
rights?”
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or any
other similar forms of detention are prohibited.
(3) Any confession or admission in violation of
this Section 17 hereof shall be inadmissible
evidence against him.
(4) The law shall provide for penal and civil
sanction for violations of this section as well
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Section 13. All persons, except those charged
with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or
be released on recognizance as may be
provided by law. The right to bail shall not be
impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail
shall not be required.
 Reclusion Perpetua
means
"permanent imprisonment"
 Reclusion perpetua vs. Life
imprisonment
• Reclusión perpetua is prescribed on crimes
punishable by the Revised Penal Code, while
life imprisonment is imposed on offenses
punishable by Special Laws.
• Reclusión perpetua carries the "accessory
penalty" where, as defined by Philippine Law,
guilty parties suffer lifetime barring from
holding political office. Life imprisonment does
not carry this penalty.
• Reclusión perpetua does not allow pardon or
release until after the first 30 years of the
sentence have been served; after 40 years
without pardon, the sentence ends. Life
imprisonment does not have any definite
extent or duration of imprisonment, and
prisoners serving life imprisonment can have
parole at any time.
• Unlike life imprisonment, the length of a
sentence for reclusión perpetua is an indivisible
penalty of 40 years and cannot be altered
during sentencing.
Bail is the security required by a
court and given for the provisional or
temporary release of a person who is
in the custody of the law conditioned
upon his appearance before any
court as required under the
conditions specified
 Purpose and form of bail.

• The purpose of requiring bail is to relieve an

accused from imprisonment until his
conviction and yet secure his appearance at
the trial. The right to bail is granted because in
all criminal prosecutions, the accused is
presumed innocent.
• It may be in the form of cash deposit, property
bond, bond secured from a surety company, or
recognizance.
The right to bail is available
to any person arrested,
detained, or otherwise
deprived of his liberty,
whether or not an
information (criminal
complaint) has been filed
against him.
 Who may not invoke the right to bail.

 
• It cannot be invoked where the applicant is
not yet in custody of the law because he went
into hiding and is at large, and hence, a free
man even when he has already been
criminally charged in court. The purpose of
bail is to secure one’s release and it would be
incongruous to grant bail to one who is free.
• It is also not available to one charged with
capital offense or an offense punishable by
reclusion perpetua, life imprisonment, or
death if the evidence of his guilt is strong.

• Under the Rules of Court, “no bail shall be

allowed after the judgment has become final,
or after the accused has commenced to serve
sentence.
 Nota bene
• Even when evidence of guilt is strong, bail
may be granted where there is no probability
that the defendant would flee rather than
face the verdict of the court, or after
conviction, on humanitarian ground where
the life or health of the convict may be
endangered by continued confinement
pending appeal
 Reasonableness of bail
• What amount is a reasonable bail rests
mainly upon the discretion of the judge.
He has to take into account in deciding the
matter, among others, the nature of the
offense, the penalty which the law attaches to
it, the probability of guilt, and the financial
condition of the accused.
• That which is reasonable bail to a man of
wealth is equivalent to a denial of right if
exacted of a poor man charged with a like
offense. Also, the amount of bail may be
reasonable if considered in terms of surety or
property bond, but excessive if required in the
form of cash. The option to post a cash bond
primarily belongs to the accused.
Section 14. No person shall be held to answer for a criminal
offense without due process of law.

In all criminal prosecutions, the accused shall be presumed

innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is
unjustifiable.
Prima Facie means “sufficient for proof
if uncontradicted”

ARRAIGNMENT is made in open court by

the judge or clerk, and consists in furnishing
the accused a copy of the complaint or
information with the list of witnesses, reading
the same in the language or dialect known to
him and asking him whether he pleads guilty
or not guilty.
Section 15. The privilege of the writ of habeas
corpus shall not be suspended except in cases
of invasion or rebellion when the public safety
requires it.
 The WRIT OF HABEAS CORPUS is an
order issued by a court of competent
jurisdiction, directed to the person detaining
another, commanding him to produce the
body of the prisoner at a designated time and
place, and to show sufficient cause for holding
in custody the individual so detained.
Section 17. No person shall be compelled to be a
witness against himself.

This is a protection against self-incrimination which may

expose a person to criminal liability. It is founded on
grounds of:

(1)Public policy, because if the party is thus required to

testify, he would be placed under the strongest
temptation to commit the crime of perjury (telling lies
under oath); and

(2)Humanity, because it prevents the extortion of

confession by duress (use of force or coercion).
Section 18. (1) No person shall be detained solely by reason of
his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as

a punishment for a crime whereof the party shall have been
duly convicted.

Involuntary servitude denotes a condition of enforced,

compulsory service of one to another. It includes:

(a)Slavery or the state of entire subjection of one person to

the will of another; and
(b) Peonage or the voluntary submission of a person (peon)
to the will of another because of his debt.
 Section 21. No person shall be twice put in jeopardy
of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to
another prosecution for the same act.
 
• The right against DOUBLE JEOPARDY means
that when a person is charged with an offense and
the case is terminated either by acquittal or
conviction or in any other manner without the
express consent of the accused, the latter cannot
again be charged with the same or identical offense.
 Section 22. No ex post facto law or bill of
attainder shall be enacted.
 
 
Ex post facto law is a law that retroactively
makes criminal conduct that was not criminal
when performed, increases the punishment
for crimes already committed, or changes the
rules of procedure in force at the time an
alleged crime was committed in a way
substantially disadvantageous to the accused.
 An ex post facto law is one which, operating retrospectively –

(1)makes an act done before the passage of a law, innocent

when done, criminal, and punishes such act; or
(2)aggravates a crime or makes it greater than when it was
committed; or
(3)changes the punishment and inflicts a greater punishment
that what the law annexed to the crime, when committed; or
(4)alters the legal rules of evidence, and received less
testimony than or different testimony from what the law
required at the time of the commission of the offense, in
order to convict the offender.
 What is BILL OF ATTAINDER?

Bill of Attainder is a legislative act which

inflicts punishment without a judicial trial.

 a legislative act that singles out an

individual or group for punishment without a
trial.
• In 1993, the issue on the Jehovah’s Witnesses’ participation in
the flag ceremony again came before the Court in Ebralinag v.
The Division Superintendent of Schools.[341] A unanimous
Court overturned the Gerona ruling after three
decades.  Similar to Gerona, this case involved several
Jehovah’s Witnesses who were expelled from school for
refusing to salute the flag, sing the national anthem and recite
the patriotic pledge, in violation of the Administrative Code of
1987.  In resolving the same religious freedom issue as
in Gerona, the Court this time transported the “grave and
imminent danger” test laid down in Justice Teehankee’s
dissent in German, viz:
• The sole justification for a prior restraint or limitation on
the exercise of religious freedom (according to the late
Chief Justice Claudio Teehankee in his dissenting opinion
in German v. Barangan, 135 SCRA 514, 517) is the
existence of a grave and present danger of a character
both grave and imminent, of a serious evil to public
safety, public morals, public health or any other legitimate
public interest, that the State has a right (and duty) to
prevent.  Absent such a threat to public safety, the
expulsion of the petitioners from the schools is not
justified.[342] (emphasis supplied)
• The Court added, viz:
• We are not persuaded that by exempting the Jehovah’s
Witnesses from saluting the flag, singing the national
anthem and reciting the patriotic pledge, this religious
group which admittedly comprises a ‘small portion of the
school population’ will shake up our part of the globe and
suddenly produce a nation ‘untaught and uninculcated in
and unimbued with reverence for the flag, patriotism,
love of country and admiration for national heroes’
(Gerona v. Secretary of Education, 106 Phil. 224).  
• After all, what the petitioners seek only is exemption from the flag
ceremony, not exclusion from the public schools where they may study
the Constitution, the democratic way of life and form of government, and
learn not only the arts, sciences, Philippine history and culture but also
receive training for a vocation or profession and be taught the virtues of
‘patriotism, respect for human rights, appreciation of national heroes, the
rights and duties of citizenship, and moral and spiritual values’ (Sec. 3[2],
Art. XIV, 1987 Constitution) as part of the curricula.  Expelling or banning
the petitioners from Philippine schools will bring about the very situation
that this Court has feared in Gerona.  Forcing a small religious group,
through the iron hand of the law, to participate in a ceremony that
violates their religious beliefs, will hardly be conducive to love of country
or respect for duly constituted authorities.[343]