Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free

exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

Principal parts of Section 5:
1. The non-establishment clauseprohibits the establishment of any religion
2. The free exercise clauseguarantees the free exercise of religion

Other provisions expressing non-establishment principle
a. Sec. 29 (2) of Art. 6No public money or property shall be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary
as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage or leprosarium
b. Sec. 6 of Art. 2The separation of Church and State shall be inviolable
c. Sec. 2(5) of Art. 9-Cprohibits religious denominations and sects from being registered as political
parties or organizations

Purpose of the non-establishment clause
It protects 2 values, which are, voluntarism and insulation of the political process from interfaith
dissension Intended to erect a wall of separation between Church and State:

Meaning of the non-establishment clause
The State cannot
a. set up a church
b. pass laws which aid one religion, aid all religions, or prefer one religion over the other
c. openly or secretly participate in the affairs of any religious organizations or groups and vice versa

Allowable government aid to religion
The government aid must have
1. a secular legislative purpose
2. a primary effect that neither advances nor inhibits religion
3. not require excessive entanglement with recipient institutions

Ecclesiastical affair
One that concerns doctrine, creed or form or worship of the church, or the adoption and enforcement
within a religious association of needful laws and regulations for the government of the membership,
and the power of excluding from such associations those deemed unworthy of membership Exceptions
to the non-establishment clause
a. Sec. 28(3) of Art. 6 Charitable institutions, churches and personages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
b. Sec. 29(2) of Art. 6
c. Sec. 3(3) of Art. 14 At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high schools within the regular
class hours by instructors designated or approved by the religious authorities of the religion to which the
children or wards belong, without additional cost to the Government.

Cases/Doctrines (not in violation of non-establishment clause)
The Everson Court upheld a statute authorizing local districts to reimburse parents of Catholic school
children for the cost of bus transportation to and from parochial school. Board of Education v. Everson

The expropriation of the birthplace of Felix Manalo, founder of Iglesia ni Kristo, for the purpose of
preserving it as a historical landmark, was upheld as for public use and any benefits that would reap
the adherents of Iglesia would only be incidental to the public historical purpose. Manosca v. CA

There is nothing unconstitutional or illegal in holding a fiesta, as it is a socio-religious affair, and having a
patron saint for the barrio, then any activity intended to facilitate the worship of the patron saint, such
as the acquisition and display of his image, cannot be branded as illegal. Garces v. Estenzo

Lending of secular textbooks to parochial school children and the grant of construction aid for science
buildings have been allowed. Board of Education v. Allen, Lemon v. Kurtzman

Issuance of religious commemorative stamps as giving merely incidental benefits to religion is upheld.
Aglipay v. Ruiz

Cases/Doctrines (in violation of non-establishment clause)
State sponsored Bible readings and prayers in public schools have been invalidated for violations of Sec.
5. School District v. Schempp

Salary payments and reimbursements for secular textbooks and other instructional materials under a
system involving close government supervision were invalidated. Lemon v. Kurtzman

Religious practices which the government cannot encroach upon
A church member who is expelled from the membership by the church authorities, or a priest or
minister who is by them deprived of his sacred office, is without remedy in the civil courts, which will
not inquire into the correctness of the decisions of the ecclesiastical tribunals. Long and Almeria v. Basa
Certification of food as halal, one that is suitable for consumption by Muslims, is a religious exercise and
cannot be performed by a government agency. Islamic Dawah Council v. Exec. Secretary
The Court cannot entertain a complaint about an expulsion or excommunication from a church. Taruc v.
Bishop

Meaning of the Free Exercise of Religion
Embraces 2 concepts:
1. Freedom to believeabsolute; the government, while it may look into the good faith of a person,
cannot inquire into a persons religious pretensions
2. Freedom to actsubject to government regulation

Differentiation of cases of free exercise from cases of non-establishment
Every violation of the free exercise clause involves compulsion whereas a violation of the non-
establishment clause need not involve compulsion


Purpose of the prohibition of religious tests
To render the government powerless to restore the historically and constitutionally discredited policy
of probing religious beliefs by test oaths or limiting public offices to persons who have, or profess to
have a belief in some particular kind of religious concept. Torcaso v. Watkins

Cases/Doctrines (free exercise of religion)
Where a judge referred to the interest of Iglesia ni Kristo members in a case as gimmickry, the court
saw violation of free exercise. No one, much less a public official, is privileged to characterize the
actuation of its adherents in a derogatory sense. Iglesia ni Kristo v. Gironella

The State cannot require a license for the dissemination of religious literature, unless the dissemination
is done as a business operation for profit. American Bible v. City of Manila

The Flag Salute Law, requiring compulsory participation by public school students in flag ceremonies,
violate the free exercise clause saying that freedom of religion requires that protesting members be
exempted from the operation of the law. Ebralinag v. Division Superintendent of Schools of Cebu

The right to vote may yield to the right to free exercise of religion. Gillete v. US

The free exercise of religious profession or belief is superior to contract rights. Victoriano v. Elizalde
Rope Workers Union Cases/Doctrines (prohibition of religious tests) Sec. 2175 of the Revised
Administrative Code is valid and enforceable which disqualifies an ecclesiastic from being elected or
appointed to a municipal office. Pamil v. Teleron