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  • Gerona v. Secretary of Education (1959) - G.R. No. L-13954 - Digest

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    The Supreme Court ruled that the daily flag ceremony in schools is not a religious ritual, as the flag is a secular symbol of the nation and not an religious image. Requiring students to salute the flag does not impose a religious belief, as the rule applies equally to all students regardless of religion. While religious freedom is protected, it does not allow exemption from reasonable regulations. The petition from Jehovah's Witnesses who refused to salute the flag on religious grounds was dismissed.

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    Gerona v. Secretary of Education (1959)_G.R. No. L-13954_Digest

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    The Supreme Court ruled that the daily flag ceremony in schools is not a religious ritual, as the flag is a secular symbol of the nation and not an religious image. Requiring students to salute the flag does not impose a religious belief, as the rule applies equally to all students regardless of religion. While religious freedom is protected, it does not allow exemption from reasonable regulations. The petition from Jehovah's Witnesses who refused to salute the flag on religious grounds was dismissed.

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    31 views1 page

    Gerona v. Secretary of Education (1959) - G.R. No. L-13954 - Digest

    Uploaded by

    derekramseydepartedearly
    The Supreme Court ruled that the daily flag ceremony in schools is not a religious ritual, as the flag is a secular symbol of the nation and not an religious image. Requiring students to salute the flag does not impose a religious belief, as the rule applies equally to all students regardless of religion. While religious freedom is protected, it does not allow exemption from reasonable regulations. The petition from Jehovah's Witnesses who refused to salute the flag on religious grounds was dismissed.

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    © All Rights Reserved
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    Gerona v. Secretary of Education, G.R.

    L-13954, 12 Aug 1959, EN BANC, Montemayor


    Principle in Sum: The freedom of religious belief guaranteed by the Constitution does not and cannot
    mean exemption from or non-compliance with reasonable and non-discriminatory laws, rules and
    regulations promulgated by competent authority.
    FACTS: R.A. 1265 was approved and went into effect. By mandate of Sec. 2 of said Act, the Secretary of
    Education issued rules and regulations for the proper conduct of the flag ceremony, known as D.O. No. 8,
    series of 1955. Petitioners belong to the religion Jehovah’s Witness, whose religious beliefs include a
    literal version of Exodus, Ch. 20, verse 4, to wit: “Thou shalt not make unto thee any graven image…”
    They consider the Flag as an “image” within this command. For this reason, they refuse to salute it.
    ISSUE/S: WoN freedom of religion covers deference to the Philippine Flag, when such deference is
    construed negatively within the framework of one’s religion.
    SUPREME COURT’S RULING:
    SC: If the exercise of said religious belief clashes with the established institutions of society and with the
    law, then the former must yield and give way to the latter. The Government steps in and either restrains
    said exercise or even prosecutes the one exercising it.
    1. Constitutional Law; Freedom of Religion; Daily flag ceremony is not a religious ritual: The flag
    is not an image but a symbol of the Republic of the Philippines, an emblem of national sovereignty,
    of national unity and cohesion and of freedom and liberty which it and the Constitution guarantee and
    protect. Considering the complete separation of church and state in our system of government, the
    flag is utterly devoid of any religious significance. Saluting the flag consequently does not involve
    any religious ceremony. The flag salute, particularly the recital of the pledge of loyalty is no more a
    religious ceremony than the taking of an oath of office by a public official or by a candidate for
    admission to the bar. In said oath, taken while his right hand is raised, he swears allegiance to the
    Republic of the Philippines, promises to defend the Constitution and even invokes the help of God;
    and it is to be doubted whether a member of Jehovah's Witness who is a candidate for admission to
    the Philippine Bar would object to taking the oath on the ground that it is religious ceremony.
    2. Requirement to salute the Flag is not a religious imposition: In requiring school pupils to
    participate in the flag salute, the State thru the Secretary of Education was not imposing a religion or
    religious belief or a religious test on said students. It was merely enforcing a non-discriminatory
    school regulation applicable to all alike whether Christian, Moslem, Protestant or Jehovah's Witness.
    The State was merely carrying out the duty imposed upon it by the Constitution which charges it with
    supervision over and regulation of all educational institutions, to establish and maintain a complete
    and adequate system of public education, and see to it that all schools aim to develop among other
    things, civic conscience and teach the duties of citizenship.

    CONCLUSION: Petition is DISMISSED.

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