FREEDOM OF RELIGION

Article 3 Section 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discriminating or preference, shall be forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
PRINCIPAL PARTS OF FREEDOM OF RELIGION:
Non-establishment clause (1st sentence, sec. 5 Art.
3)
Free exercise clause (2nd sentence, sec. 5 Art. 3)
Non- religious test clause (3rd sentence, sec. 5 Art.
3)
Non-establishment clause. Prohibits the state from
Rationale:
passing laws which aid one religion, aid all religions or
The separation of church and
prefer one religion over the other.
the state is expressed in the first
Scope
sentence of Art. 3 Sec. 5.
State cannot set up a church;
Cannot pass laws which aid one or all religions or
prefer one over the other
Cannot influence a person to go over or remain
away from church against his will; or
Force him to profess a belief or disbelief in any
Non- violative of the nonreligion
establishment clause
Tests to determine whether there is a violation of
establishment clause
Postage stamps depicting
The statue has secular legislative purpose;
Philippines as a site of
Its principal or primary effect is one that neither
significant religious event
Government sponsorship
advances nor inhibits religion;
It does not foster an excessive government
of town fiesta
Book lending program for
entanglement with religion;
students in parochial
Tests applied by courts in determining violations
schools
against non-establishment clause
Financial support for
Strict neutrality. Examines only whether government
secular academic
action is for a secular purpose and does not consider
facilities
inadvertent burden on religious exercise.
Benevolent neutrality. An approach that looks further
than the secular purposes of the government actions,
also examines the effect of these actions on religious
exercise.
Free exercise clause ( freedom of religious belief
and worship)
Kinds of freedom of religious belief and worship
Freedom to believe. Absolute as long as it is confined
to the realm of thought
Freedom to act on ones belief. Subject to regulation
when the belief is translated into external acts that affect
the public welfare.
Tests in determining violations of free exercise
clause

a) Clear and present danger test. When words

are used in such circumstance or in such nature as
to create clear and present danger that will bring
about substantive evil that the state has a right to
prevent.
b) Compelling state interest test. Whether the
respondents right to religious freedom has been
burdened. Ascertain the respondents sincerity in
his religious belief.
c) Conscientious objector test. Persons who are
conscientiously opposed to participation to war in
any form by reason of religious belief maybe
exempted from combatant training and services in
the armed forces provided:
There must be belief in God or some parallel belief
that occupies the central place in the believers
life
The religion must involve a moral code
transcending individual belief
A demonstrable sincerity in belief is necessary but
the courts must not inquire into the truth or
reasonableness of the belief
Non-religious test clause. The constitution prohibition
against tests is aimed against the clandestine attempts
on the part of the government to prevent a person from
exercising his civil or political rights because of his
religious beliefs
RIGHT TO INFORMATION
Article 3 section 7. The right of the people to information on the matters of public concern
shall be recognized. Access to official records and to documents and papers pertaining to
official acts, transactions, or decisions as well as government research data used as basis for
policy development, shall be afforded to citizens, subject to such limitation as may be
provided by law.
Availability. These are political rights available to
citizens only. However, this is without prejudice to the
right of aliens to have access to records of case where
they are involved. In any case, said rights is subject to
limitation as may be provided by law.
Restriction on access on right to information
The exercise is subject to reasonable regulations
to protect the integrity of public records and to
minimize disruption of government operations
National security matters.
Trade secrets and banking transactions pursuant
to the intellectual property law and other related
laws and to secrecy of bank deposits act

Criminal matters or those classified law

enforcement matters, such as those relating to
apprehension, prosecution and detention of
criminals
Other confidential matters

LIBERTY OF ABODE AND RIGHT TO TRAVEL

Art. 3 Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither shall
the right to travel be impaired except except in the interest of national security, public
safety or public health as may be provided by law.
Limitations
(Manotoc vs. CA)
Petitioner who is facing several
Liberty of abode. Upon lawful court order
criminal charges was out on bail,
Right to travel. in the interest of National
Security, public safety or public health as provided thereby filed a motion for
permission to leave the country.
by law and Any person on bail
The court dismissed the motion
The right to return to ones country is not included in the
on the principal ground that the
right to travel. Right to travel only includes:
condition of the bail bond that
The right to travel from the Philippines to another
he would be available at any
country; and
time the court require his
The right to travel within the Philippines
presence was valid restriction on
his right to travel.

(Silverio vs. CA)

A person facing criminal charges
may be restrained by the Court
from leaving the country or, if
abroad, compelled to return. So
it is also that "An accused
released on bail may be rearrested without the necessity of
a warrant if he attempts to
depart from
the Philippines without prior
permission of the Court where
the case is pending.
(Marcos vs. Manglapus)
The individual right involved in
this case is not the right to
travel from the Philippines to
other countries or within the
Philippines. These are what the
right to travel would normally

connote. Essentially, the

right involved in this case at bar
is the right to return to one's
country, a distinct right
under international law,
independent from although
related to the right to travel.
Marcos and his family poses a
serious threat to national
interest and welfare. President
Aquino has determined that the
destabilization caused by the
return of the Marcoses
would wipe away the gains
achieved during the past few
years after the Marcos regime.
RIGHT TO FORM ASSOCIATION
Article 3 Section 8. The right of the people, including those employed in the public service
and private sectors, to form unions, associations or societies for purposes not contrary to
law shall not be abridged.
In recognizing the right of the
Right to form association cannot be impaired
government employees to
without due process of law
organize, the commissioners on
Right to form associations shall not be impaired
constitutional commission
except through a valid exercise of police power
intended to limit the right to
information of unions or
associations only, without
including the right to strike (SSS
Employees Association vs. Court
of Appeals). Thus, guarantees
the right night to join an
association (Sta. Clara
homeowners Association vs.
Gaston)

ARTICLE 3 SECTION 10. No law impairing the obligation of contracts shall be

passed
A law impairs a contract when it enlarges, abridges or in
There is no impairment of
any manner change the intentions of the parties even if
contracts as long as a
such change be done indirectly.
substantial and efficacious
remedy remains;
Limitations on the non-impairment of contracts
Every contract has an implied reservation that it is
subject to police power of the state.

Other inherent powers of the state may validly

limit the impairment of contracts
Free exercise of religion is superior over contract rights