Ebranilag v.

Division Superintendent, 219 SCRA

256
March 1, 1993
Freedom to Act on Ones Belief
FACTS:
1. In G.R. No. 95770 "Roel Ebralinag, et al. vs. Division Superintendent of
Schools of Cebu and Manuel F. Biongcog, Cebu District Supervisor," the
petitioners are 43 high school and elementary school students in several
towns of in Cebu province. All minors, they are assisted by their parents who
belong to the religious group known as Jehovah's Witness. This is a
consolidated petition.
2. All the petitioners in these two cases were expelled from their classes by
the public school authorities in Cebu for refusing to salute the flag, sing the
national anthem and recite the patriotic pledge as required by RA 1265 of
July 11, 1955, and by DO No. 8 of the DECS making the flag ceremony
compulsory in all educational institutions
3. In G.R. No. 95887, "May Amolo, et al. vs. Division Superintendent of
Schools of Cebu and Antonio A. Sangutan," the petitioners are 25 high school
and grade school students enrolled in public schools in Asturias, Cebu, whose
parents are Jehovah's Witnesses. Both petitions were prepared by the same
counsel, Attorney Felino M. Ganal.
4. The Jehovah's Witnesses admittedly teach their children not to salute the
flag, sing the national anthem, and recite the patriotic pledge for they
believe that those are "acts of worship" or "religious devotion only given to
God.They consider the flag as an image or idol representing the State . They
think the action of the local authorities in compelling the flag salute and
pledge transcends constitutional limitations on the State's power and
invades the sphere of the intellect and spirit which the Constitution protect
against official control
5. In 1989, the DECS Regional Office in Cebu received complaints about
teachers and pupils belonging to the Jehovah's Witnesses, and enrolled in
various public and private schools, who refused to sing the Philippine
national anthem, salute the Philippine flag and recite the patriotic pledge.

6. The students and their parents filed these special civil actions for
Mandamus,Certiorari and Prohibition alleging that the public respondents
acted without or in excess of their jurisdiction and with grave abuse of
discretion (1) in ordering their expulsion without prior notice and hearing,
hence, in violation of their right to due process, their right to free public
education, and their right to freedom of speech, religion and worship
7. The Court issued a TRO and a writ of preliminary mandatory injunction and
ordered to immediately re-admit the petitioners to their respective classes
until further orders.

ISSUE: Whether or not the expulsion is valid

HELD:
NO. Held: Religious freedom is a fundamental right of highest priority. The 2
fold aspect of right to religious worship is: 1.) Freedom to believe which is an
absolute act within the realm of thought. 2.) Freedom to act on ones belief
regulated and translated to external acts. The only limitation to religious
freedom is the existence of grave and present danger to public safety,
morals, health and interests where State has right to prevent. The expulsion
of the petitioners from the school is not justified.

The 30 yr old previous GERONA decision of expelling and dismissing students

and teachers who refuse to obey RA1265 is violates exercise of freedom of
speech and religious profession and worship. Jehovahs Witnesses may be
exempted from observing the flag ceremony but this right does not give
them the right to disrupt such ceremonies. In the case at bar, the Students
expelled were only standing quietly during ceremonies. By observing the
ceremonies quietly, it doesnt present any danger so evil and imminent to
justify their expulsion. What the petitioners request is exemption from flag
ceremonies and not exclusion from public schools. The expulsion of the
students by reason of their religious beliefs is also a violation of a citizens
right to free education. The non-observance of the flag ceremony does not
totally constitute ignorance of patriotism and civic consciousness. Love for
country and admiration for national heroes, civic consciousness and form of

government are part of the school curricula. Therefore, expulsion due to

religious beliefs is unjustified.

DISPOSITION:
Petition for Certiorari and Prohibition is GRANTED. Expulsion is ANNULLED.