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    Gerona Vs Secretary of Education

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    shezeharadeyahoocom
    The Supreme Court upheld Department Order No. 8 requiring students to salute the Philippine flag and sing the national anthem during flag ceremonies in public schools. The petitioners, who were members of the Jehovah's Witness religion, refused to participate in the flag ceremonies on religious grounds and their children were subsequently expelled. The Court found that the flag is a symbol of national sovereignty and unity that does not involve any religious significance. Therefore, requiring participation in flag ceremonies does not violate constitutional protections of freedom of religion. Compliance with reasonable school rules and regulations, including observance of flag ceremonies, is required for attendance at public schools.

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    Gerona Vs Secretary of Education

    Uploaded by

    shezeharadeyahoocom
    411 views1 page
    The Supreme Court upheld Department Order No. 8 requiring students to salute the Philippine flag and sing the national anthem during flag ceremonies in public schools. The petitioners, who were members of the Jehovah's Witness religion, refused to participate in the flag ceremonies on religious grounds and their children were subsequently expelled. The Court found that the flag is a symbol of national sovereignty and unity that does not involve any religious significance. Therefore, requiring participation in flag ceremonies does not violate constitutional protections of freedom of religion. Compliance with reasonable school rules and regulations, including observance of flag ceremonies, is required for attendance at public schools.

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    Freedom of Religion

    Original Title

    Gerona vs Secretary of Education

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    The Supreme Court upheld Department Order No. 8 requiring students to salute the Philippine flag and sing the national anthem during flag ceremonies in public schools. The petitioners, who were members of the Jehovah's Witness religion, refused to participate in the flag ceremonies on religious grounds and their children were subsequently expelled. The Court found that the flag is a symbol of national sovereignty and unity that does not involve any religious significance. Therefore, requiring participation in flag ceremonies does not violate constitutional protections of freedom of religion. Compliance with reasonable school rules and regulations, including observance of flag ceremonies, is required for attendance at public schools.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    411 views1 page

    Gerona Vs Secretary of Education

    Uploaded by

    shezeharadeyahoocom
    The Supreme Court upheld Department Order No. 8 requiring students to salute the Philippine flag and sing the national anthem during flag ceremonies in public schools. The petitioners, who were members of the Jehovah's Witness religion, refused to participate in the flag ceremonies on religious grounds and their children were subsequently expelled. The Court found that the flag is a symbol of national sovereignty and unity that does not involve any religious significance. Therefore, requiring participation in flag ceremonies does not violate constitutional protections of freedom of religion. Compliance with reasonable school rules and regulations, including observance of flag ceremonies, is required for attendance at public schools.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Gerona Vs Secretary of Education


    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 : Petitioners belong to the Jehovas Witness whose children were expelled from their schools when they
    refused to salute, sing the anthem, recite the pledge during the conduct of flag ceremony. DO No. 8 issued by DECS
    pursuant to RA 1265 which called for the manner of conduct during a flag ceremony. The petitioners wrote the
    Secretary of Education on their plight and requested to reinstate their children. This was denied. As a result, the
    petitioners filed for a writ of preliminary injunction against the Secretary and Director of Public Schools to restrain
    them from implementing said DO No. 8. The lower court (RTC) declared DO 8 invalid and contrary to the Bill of
    Rights
    ISSUE : WON DO .8 is constitutional
    HELD : The court held that the flag is not an image but a symbol of the Republic of the Philippines, an emblem of
    national sovereignty, of national unity and cohesion and of freedom and liberty which it and the Constitution
    guarantee and protect. Considering the complete separation of church and state in our system of government, the
    flag is utterly devoid of any religious significance. Saluting the flag consequently does not involve any religious
    ceremony. After all, the determination of whether a certain ritual is or is not a religious ceremony must rest with the
    courts. It cannot be left to a religious group or sect, much less to a follower of said group or sect; otherwise, there
    would be confusion and misunderstanding for there might be as many interpretations and meanings to be given to a
    certain ritual or ceremony as there are religious groups or sects or followers. The freedom of religious belief
    guaranteed by the Constitution does not and cannot mean exemption form or non-compliance with reasonable and
    non-discriminatory laws, rules and regulations promulgated by competent authority. In enforcing the flag salute on
    the petitioners, there was absolutely no compulsion involved, and for their failure or refusal to obey school
    regulations about the flag salute they were not being persecuted. Neither were they being criminally prosecuted
    under threat of penal sacntion. If they chose not to obey the flag salute regulation, they merely lost the benefits of
    public education being maintained at the expense of their fellow citizens, nothing more. According to a popular
    expression, they could take it or leave it. Having elected not to comply with the regulations about the flag salute,
    they forfeited their right to attend public schools The Filipino flag is not an image that requires religious veneration;
    rather it is symbol of the Republic of the Philippines, of sovereignty, an emblem of freedom, liberty and national
    unity; that the flag salute is not a religious ceremony but an act and profession of love and allegiance and pledge of
    loyalty to the fatherland which the flag stands for; that by authority of the legislature, the Secretary of Education was
    duly authorized to promulgate Department Order No. 8, series of 1955; that the requirement of observance of the
    flag ceremony or salute provided for in said Department Order No. 8, does not violate the Constitutional provision
    about freedom of religion and exercise of religion; that compliance with the non-discriminatory and reasonable rules
    and regulations and school discipline, including observance of the flag ceremony is a prerequisite to attendance in
    public schools; and that for failure and refusal to participate in the flag ceremony, petitioners were properly excluded
    and dismissed from the public school they were attending

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