Room 301 Philosophy of Law

Jehovah's Witness is an unincorporated body teaching that the obligation imposed by

law of God is superior to that of laws enacted by the State. Their religious beliefs
include this literal version, "Thou shalt not make unto thee any graven image, or any
likeness of anything that is in heaven above, or that is in the earth beneath, or that is in
the water under earth; thou shalt not bow down thyself to them, nor serve them." Their
refusal to render respect to any form or symbol which smacks of idolatry are widely
known and are equally widely disseminated in numerous books, magazines, brochures
and leaflets distributed by their members in their house-to-house distribution efforts
and in many public places.
In the case of Ebralinag vs. Division Superintendent of Schools of Cebu and Gerona vs.
The Honorable Secretary Of Education, students from this religious sect were expelled
because they refuse to salute the flag, sing the national anthem and recite the pledge
required by RA1265. They consider the flag to be an image in the context of what is
prohibited in their religion that was taught to them by their parents and because of this
they were expelled from the school. Republic Act No. 1265 (An Act making
flag ceremony compulsory in all educational institutions) of July 11, 1955, and by
Department Order No. 8 (Rules and Regulations for Conducting the Flag Ceremony in
All Educational Institutions) dated July 21, 1955 of the Department of Education,
Culture and Sports (DECS). This penalizes all educational institutions for failure or
refusal to observe the flag ceremony with public censure on first offense and
cancellation of the recognition or permit on second offense. The issue at bar is whether
or not these children that are members of a religious sect may be expelled from school
for disobedience of R.A. No. 1265 and Department Order No. 8; and is there a violation
of religious freedom which makes it unconstitutional.
The judgment of the court of these two cases varies. The first case was ruled in favor of
the students belonging to Jehovahs Witness while the latter made the children lose
their benefits of public education by not choosing to obey the law.
I am in favor of the judgment rendered by the court in the case of Ebralinag vs. Division
Superintendent of Schools in Cebu. Religious freedom is a fundamental right for it
involves the relationship of man to his Creator. The only limitation to religious freedom
is the existence of grave and present danger to public safety, morals, health and
interests where the State has the right to prevent. In our Political law, it is stated in the
clear and present danger rule that only ground where regulation affecting
constitutional rights may be abridged. The students belonging to the Jehovahs Witness
quietly stand at attention during the flag ceremony to show their respect for the right
of those who choose to participate in the solemn proceedings and do not engage in
disruptive behavior. This conduct does not offend their countrymen who believe in
expressing their love of country through the observance of the flag ceremony. Thus,
exclusion from attending public schools is not justified and is a violation of a citizens
right to free education. The State should know how to honor religious liberty without it
becoming the liberty to impose on other people belonging to different religious sects
the moral beliefs they dont share.
Lets protect freedom of religion and protect freedom from religion. (American Pres.
Barrack Obama).