Education and religion: The Ebralinag Case

Now that classes are open, it is imperative that both school administrators and classroom teachers should know the scope as well as the limits of their authority over schoolchildren. They can require pupils and students to line up in the general assembly to attend the flag ceremony. But they cannot expel any or some of them who refuse to salute the flag based on religious grounds. Attention should be focused on the landmark case of Roel Ebralinag et al vs. Division Superintendent of Cebu, GR 95770, decided on March 1, 1993.

The writer of the decision was Justice Carolina Grino-Aquino, a Bar topnotcher from UP who hails from Iloilo, and the wife of Chief Justice Ramon Aquino, former classmate of the late President Ferdinand Marcos Sr. and the chief justice at the time of the EDSA Revolution. The decision was signed by all the 15 justices of the Supreme Court, composed of Chief Justice Narvasa and Justices Feliciano, Bidin, Regalado, Davide Jr., Romero, Nocon, Bellosillo, Melo and Campos. Justice Quiazon took no part and Justice Gutierrez was on leave. The decision in brief declared that the school administrators and the teachers violated the freedom of religion of pupils when they expelled those who refused to actively participate in the flag ceremony based on religious reason. They also violated the freedom of other teachers who were illegally dismissed just because said teachers also refused to salute the flag also for religious reasons.

This happened in a total of 43 high school and elementary schools in Daanbantayan, Pinamungajan, Carcar, Tuburan, Asturias, and it involved many students who are members of the Jehovah's Witness. They believe that all the gestures during the flag ceremony paying respect to the Philippine Flag are acts of praying or paying homage to a graven image and thus, to their faith, is a violation of the commandment of God, never to worship any graven image. The conflict started when the DepEd issued Executive Order 292. Under Section 5 thereof, it is provided: "Any teacher or student who refuses to join or participate in the flag ceremony may be dismissed after due investigation." The education officials of Cebu implemented that literally "by the letter that killeth" and not "by the spirit that giveth life". They expelled hundreds of students and terminated the employment of dozens of teachers who were all members of Jehovah's Witness.

The victims went to the Supreme Court for redress. The Supreme Court decided in favor of religious freedom and annulled the questioned executive order. The Supreme Court held: "Religious freedom is a fundamental right which is entitled to the highest priority and the amplest protection among human rights for it involves the relationship of man to his creator." Justice Enrique Fernando was quoted in his ponencia in German vs. Barangan: "The right to religious profession and worship has a two-fold aspect, vis: freedom to believe and the freedom to act on one's belief. The first is absolute as long as the belief is confined within the realm of thought. The second is subject to regulation where the belief is translated into external acts that affect the public welfare."

The teachers and the pupils confined their religion in their own thoughts. They kept silent. They did not disturb the ceremony. They did not make noise. They just stood there and observed silently. Their presence and their refusal to actively participate did not pose any grave nor imminent danger to the majority who did participate. Why would the school administrators punish these children who just wanted to be faithful to their religious tenets? Why would the education administrators deprive the teachers of their means of livelihood by terminating their services simply because they wanted to remain faithful to their religion? Why would religion become a cause of their dismissal from the service?

It is unfortunate that, of all the 82 provinces in the Philippines, this issue came up in Cebu, the cradle of Christianity in the Asia-Pacific. I did not expect Cebuano education officials to interpret the law in its very narrow sense without considering the far-reaching consequences of their decision. I hope that we should all learn from this decision and let us move forward, go and sin no more.