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IN a recent interview over radio, I was asked, “May religion be taught in public schools?” I said, “Yes, but the Philippine Constitution prescribed some conditions.”
He then said, “Why? What happened to the ‘separation of church and state’ principle? These are public schools and the State should not be using public money for any form of religious instruction.”
Allow me to share now how I explained the different constitutional provisions on the issue raised.
Article XIV, Section 3 (3) of the 1987 Philippine Constitution provides: “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 and 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.”
This constitutional provision is very clear. Thus, so long as the “consent in writing by the parents or guardians” and “no cost to the government” conditions among others are met, then religion may be taught even in public school grounds. According to constitutionalist Fr. Joaquin G. Bernas, SJ, the “designated or approved by religious authorities of the religion to which, the children or wards belong” phrase should eliminate the possibility that our schools shall have a possible dilemma of deciding who among the competing religious groups or persons is entitled to teach or conduct such religious instruction to our children.
The “separation of church principle” (Article II, Section 6) in relation to the “nonestablishment” and “free exercise” of religion clauses guaranteed under Article III, Section 5 of our Constitution do not contradict aforequoted constitutional provision. The landmark case of Board of Education v Everson, 330 US 1, 15-16 (1946) is always the case used in law schools to interpret this “non-establishment of religion” clause. Thus, it declared that: “Neither a State nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another…or can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa.”
However, it is important to note that there are other cases that state that the “nonestablishment of religion” clause does not preclude all government expenditures that may redound to the benefit of religion.
The test as to whether such “government aid” is constitutionally allowable is: “[1] it must have a secular legislative purpose; [2] must have a primary effect that neither advances nor inhibits religion; and [3] must not require excessive entanglement with recipient institutions.” Thus, for example, in the case of Manosca v Court of Appeals, GR 106440, our Supreme Court ruled that the expropriation of the birthplace of Bro. Felix Y. Manalo of the very respectable religious organization Iglesia ni Kristo, for the purpose of preserving it as a historical landmark was upheld as for “public use” under the broadened definition of public use (and therefore not violative of the “nonestablishment of religion” clause of our Constitution).
Please feel free to share any of your education-related concern by e-mailing me at tonisito.umali@deped.gov.ph or writing to the Office of the Assistant Secretary for Legal and Legislative Affairs, Deparment of Education Complex, Meralco Avenue, Pasig City.
n Lawyer Toni Umali is the current assistant secretary for Legal and Legislative Affairs of the Department of Education (DepEd). He is licensed to practice law not only in the Philippines but also in the State of California and some Federal Courts in the United States of America after passing the California State Bar Examinations in 2004. He is also a member of the National Board of the National Union of Career Executive Service Officers—an organization of Career Executive Service officers comprising the “third level” or the managerial class in the group of career positions in the Philippine civil service. The Career Executive Service was created by Presidential Decree 1 to “form a continuing pool of well-selected and development-oriented career administrators who shall provide competent and faithful service.” He has served as legal consultants to several legislators and local chief executives. As DepEd assistant secretary, he was instrumental in the passage of the K to 12 law and the issuance of its implementing rules and regulations. He is also the alternate spokesman of DepEd.
1 comment
Good eve Sir, tanong Lang po itong sa akin. Pwede bang gawin na isang pansamantalang simbahan ang isang pampublikong silid aralan ng isang eskwelahan? May batas po ba dito na bawal gawin ang isang classroom na pansamantalang simbahan?