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Facts:
Two special civil actions for certiorari, mandamus and prohibition were filed and
consolidated raising the same issue whether students who are Jehovah’s Witnesses may
be expelled from both private and public school for refusing, on the account of their
religious beliefs, to take part in the flag ceremony which includes, saluting the Philippine
flag, singing the national anthem, and reciting the patriotic pledge.
The petitioners in these two cases were expelled from their classes for refusing to
salute the flag, sing the national anthem and recite the patriotic pledge as required by
Republic Act No. 1265, and by Department Order No. 8 of the Department of Education,
Culture and Sports (DECS) making the flag ceremony compulsory in all educational
institutions.
Issue:
Ruling:
YES. The Court held that the expulsion of the petitioners from the school was
not justified.
Jehovah’s 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 doesn’t present any danger so evil and imminent to justify
their expulsion. What the petitioner’s 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 citizen’s 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.
The petitions for certiorari, mandamus and prohibition are granted and
expulsion orders are hereby annulled and set aside.