Separation of Church and State: questions on violations

There are many non-Catholics and non-Christians who believe that every time the Cebu City government spends public funds to fund the Sinulog, which is a religious celebration, the city violates the fundamental principle in Constitutional Law, called the separation between the Church and the State. I can present hundreds of legal arguments to rebut that line of argument and thousands of cases to refute it.

When the Senate and the House open their sessions with a religious prayer, even if said invocation is ecumenical, multi-faith, and interdenominational, many objectors would still argue that such a ritual is also a violation of the Church and the State. If this is so, then we can go on and also say that when the celebration of Independence Day or Labor Day starts with the celebration of the Roman Catholic Holy Mass, then it is also a violation of the separation clause. Taking this line of objection to further extent, any non-conformists may also object to the declaration as official holidays such Catholic and Christian religious occasions as Maundy Thursday, Good Friday, and as special days others like Black Saturday, All Souls Day, All Saints Day, and Immaculate Conception Feast Day.

In the Supreme Court decision written by Justice Tijam in Renato Peralta vs. Philippine Postal Corp. (GR no 223395, December 4, 2018), a Filipino citizen filed a case questioning why public funds were spent by the postal office to print millions of postage stamps with the face of the founder of the Iglesia Ni Cristo on them. It was the commemoration of the centennial of the INC's founding. The Supreme Court dismissed the petition stating that Erano Manalo, like Gregorio Aglipay who founded the Philippine Independent Church, was not only a religious leader but a famous Filipino civic leader whose life epitomizes the values, traditions, and culture of the Filipino people.

Justice Tijam's conclusion for the court stated: "All told, therefore, the Court finds no reason or basis to grant the petition. In refusing to declare unconstitutional the INC's commemorative stamp, this Court is merely applying jurisprudentially sanctioned policy of benevolent neutrality. To end, it bears to emphasize that the Constitution establishes separation of the Church and the State, and not separation of religion and state.” The principle of benevolent neutrality was discussed by Justice Reynato Puno who wrote the landmark case of Estrada vs. Escritor. Case number AM P-02-1651, promulgated by the Supreme Court on June 22, 2006.

Under the benevolent-neutrality theory, the principle underlying the First Amendment is that freedom to carry out one’s duties to a supreme being is an inalienable right, not one dependent on the grace of legislature. Religious freedom is seen as a substantive right and not merely a privilege against discriminatory legislation. With religion looked upon with benevolence and not hostility, benevolent neutrality allows accommodation of religion under certain circumstances". For these reasons, the government exercises utmost tolerance to accommodate religious activities in the spirit of both benevolence and also neutrality.

Justice Puno, a deeply-religious man belonging to a Christian denomination, opened his ponencia, as follows: "While man is finite, he seeks and subscribes to the Infinite. Respondent Soledad Escritor once again stands before the Court invoking her religious freedom and her Jehovah God in a bid to save her family – united without the benefit of legal marriage - and livelihood. The State, on the other hand, seeks to wield its power to regulate her behavior and protect its interest in marriage and family and the integrity of the courts where the respondent is an employee. How the Court will tilt the scales of justice in the case at bar will decide not only the fate of respondent Escritor but of other believers coming to Court bearing grievances on their free exercise of religion."

We need to study all these and understand these principles so that all that we experience becomes more meaningful and acceptable to our consciences, minds, and hearts.