G.R. No. 95770 and G.R. No. 95887 March 1, 1993
ROEL EBRALINAG, ET AL., petitioners, vs. THE DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU, respondent. / MAY AMOLO, ET AL., petitioners, vs. THE DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU and ANTONIO A. SANGUTAN, respondents.

FACTS

These consolidated special civil actions involve petitioners, all minor high school and elementary students in various towns of Cebu province, who are members of the Jehovah’s Witnesses religious sect and are represented by their parents. They were expelled from their classes, both public and private, by the public school authorities in Cebu for refusing to salute the flag, sing the national anthem, and recite the patriotic pledge as required by Republic Act No. 1265 and Department of Education, Culture and Sports (DECS) Department Order No. 8, series of 1955. The petitioners’ refusal is based on their religious beliefs, as Jehovah’s Witnesses believe that such acts constitute “acts of worship” or “religious devotion” that they can only give to God, viewing the flag as an image or idol representing the State, in accordance with their interpretation of the Bible. The issue was previously raised in Gerona, et al. vs. Secretary of Education, et al. (1959) and Balbuna, et al. vs. Secretary of Education (1960), where the Supreme Court upheld the expulsion of the students.

ISSUE

Whether school children who are members of the Jehovah’s Witnesses may be expelled from school for refusing, on account of their religious beliefs, to take part in the flag ceremony which includes playing or singing the Philippine national anthem, saluting the Philippine flag, and reciting the patriotic pledge.

RULING

The Supreme Court GRANTED the petitions, REVERSED and SET ASIDE the expulsion orders, and made the temporary restraining order permanent. The Court abandoned the doctrine laid down in the Gerona and Balbuna cases. The Court held that the expulsion of the petitioners violates their constitutional right to freedom of religion. The Court ruled that while the State has the right to instill patriotism and love of country, the flag salute, singing of the national anthem, and recital of the patriotic pledge are all forms of utterances, and forcing the petitioners to participate against their religious beliefs is a violation of their freedom of speech and religious freedom. The Court emphasized that the freedom of religion is superior to the parens patriae power of the State, and the expulsion is not the least restrictive means to achieve the government’s objective. The Court concluded that the petitioners’ refusal is based on a sincere religious belief and does not constitute a grave danger to the nation, and their right to public education should not be forfeited. The Court directed the public respondents to immediately readmit the expelled students.