G.R. No. L-13954; August 12, 1959
GENARO GERONA, ET AL., petitioners-appellants, vs. THE HONORABLE SECRETARY OF EDUCATION, ET AL., respondents-appellees.

FACTS

Republic Act No. 1265, approved on June 11, 1955, made a daily flag ceremony compulsory in all educational institutions. Pursuant to this law, the Secretary of Education issued Department Order No. 8, series of 1955, prescribing rules and regulations for the flag ceremony. These rules required all persons present during the ceremony to stand at attention, salute the flag, sing the National Anthem, and recite a patriotic pledge. The Director of Public Schools issued Circular No. 22 to ensure strict compliance. The petitioners, who are Jehovah’s Witnesses, and their children attending the Buenavista Community School in Masbate refused to salute the flag, sing the anthem, and recite the pledge based on their religious beliefs, viewing such acts as a form of idolatry. As a result, their children were expelled from school in September 1955. The petitioners sought exemption from these requirements, but the Secretary of Education denied their petition. They then filed a complaint in the Court of First Instance of Masbate, which was dismissed, prompting this appeal. This Court issued a preliminary injunction to allow the children to return to school pending resolution.

ISSUE

Whether the compulsory flag ceremony under Republic Act No. 1265 and Department Order No. 8, series of 1955, which requires saluting the flag, singing the National Anthem, and reciting a patriotic pledge, violates the constitutional right to religious freedom of the petitioners who are Jehovah’s Witnesses.

RULING

The Supreme Court affirmed the dismissal of the complaint, upholding the constitutionality of the compulsory flag ceremony. The Court ruled that the flag ceremony is a valid and secular exercise aimed at fostering patriotism and national unity, which are essential for the stability of the state. The requirement is a legitimate exercise of the state’s police power and does not infringe on religious freedom. The Court distinguished this case from the American precedent of West Virginia State Board of Education vs. Barnette, noting differences in the legal and constitutional contexts. It held that the refusal of the petitioners’ children to participate based on religious beliefs does not exempt them from a general law that does not prohibit any religious practice but merely regulates a non-religious activity for a public purpose. The expulsion of the children for their refusal was deemed a valid consequence of their non-compliance with a lawful regulation. The preliminary injunction was dissolved.