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Furthermore, the view that the flag is not a religious but a neutral, secular
symbol expresses a majoritarian view intended to stifle the expression of
the belief that an act of saluting the flag might sometimes be to some
individuals so offensive as to be worth their giving up another constitutional
right the right to education. Individuals or groups of individuals get from a
symbol the meaning they put to it.
In the end, such attempts only find the "unanimity of the graveyard."
Expressions of diverse beliefs, no matter how upsetting they may seem to the
majority, are the price we pay for the freedoms we enjoy.
Facts: Petitioners stressed that while they do not take part in the compulsory flag
ceremony, they do not engage in external acts or behavior that would offend
In 1989, DECS Regional Office in Cebu received complaints about teachers their countrymen who believe in expressing their love of country through
and pupils belonging to the Jehovahs Witness, and enrolled in various public observance of the flag ceremony. They quietly stand at attention during the
and private schools, which refused to sing the Phil. National Anthem, salute flag ceremony to show their respect for the right of those who choose to
the flag and recite the patriotic pledge. participate in the solemn proceedings. Since they do not engage in disruptive
behavior, there is no warrant for their expulsion.
Division Superintendent of schools, Susana B. Cabahug of the Cebu Division
of DECS and her Assistant issued Division Memorandum No. 108, dated Issue:
Nov. 17, 1989, directing District Supervisors, High School Principals and
Heads of Private Educational institutions to remove from service, after due Whether or not the expulsion of the members of Jehovahs Witness from the
process, teachers and school employees, and to deprive the students and schools violates right receive free education.
pupils from the benefit of public education, if they do not participate in daily
flag ceremony and doesnt obey flag salute rule. Held:
Members of the Jehovahs Witness sect find such memorandum to be The expulsion of the members of Jehovahs Witness from the schools where
contrary to their religious belief and choose not to obey. Despite a number of they are enrolled will violate their right as Philippine citizens, under the 1987
appropriate persuasions made by the Cebu officials to let them obey the Constitution, to receive free education, for it is the duty of the state to protect
directives, still they opted to follow their conviction to their belief. As a result, and promote the right of all citizens to quality education, and to make such
an order was issued by the district supervisor of Daan Bantayan District of education accessible to all (Sec. I, Art XIV). Nevertheless, their right not to
Cebu, dated July 24, 1990, ordering the dropping from the list in the school participate in the Flag Ceremony does not give them a right to disrupt such
register of all Jehovahs Witness teachers and pupils from Grade 1 to Grade patriotic exercises. If they quietly stand at attention during flag ceremony
6 who opted to follow their belief which is against the Flag Salute Law, while their classmates and teachers salute the flag, sing the national anthem
however, given a chance to be re-accepted if they change their mind. and recite the patriotic pledge, we do not see how such conduct may
possibly disturb the peace, or pose a grave and present danger of a serious
Some Jehovahs Witness members appealed to the Secretary of Education evil to public safety, public morals, public health or any legitimate public
but the latter did not answer to their letter. interest that the state has a right and duty to prevent.
On Oct. 31, 1990, students and their parents filed special civil actions for It is appropriate to recall the Japanese occupation of our country in 1942-
Mandamus, Certiorari and prohibition, alleging that the respondents acted 1944 when every Filipino, regardless of religious persuasion, in fear of the
without or in excess of their jurisdiction and with grave abuse of discretion in invader, saluted the Japanese flag and bowed before every Japanese
ordering their expulsion without prior notice and hearing, hence, in violation soldier, perhaps if petitioners had lived through that dark period of our
of their right to due process, their right to free public education and their right history, they would not quibble now about saluting the Phil. Flag.
to freedom of speech, religion and worship. Petitioners prayed for the voiding
of the order of expulsion or dropping from the rolls issued by the District The petitions for certiorari and prohibition are granted and expulsion orders
Supervisor; prohibiting and enjoining respondent from barring them from are hereby annulled and set aside.
classes; and compelling the respondent and all persons acting for him to
admit and order their(Petitioners) re-admission I their respective schools.