Bill of Rights - Freedom of Religion, Liberty of Abode, Right to Travel Flashcards
Art. III Sec. 5
Freedom of religion - related constitutional provisions
Explain the separation of church and state
What must courts do when confronted with a case where one of the parties is a church or a religious institution?
What is an ecclesiastical affair?
May the Labor Code and other employment laws be applicable to ministers of religious institutions in relation to their religion?
What is the benevolent neutrality approach?
How do we apply the benevolent neutrality approach?
The three situations of accommodation that could be the result of applying the compelling state interest test
What are the elements of the compelling state interest test?
Compelling state interest test elements:
1. Law or government practice inhibits the free exercise of religion
2. Sincerity of religious belief and centrality of faith
3. Burden shifts to government for demonstration that the law or practice justifies a secular objective
4. Law or practice is the least restrictive means of achieving that objective
What does the non-establishment clause call for?
Differentiate establishment from accommodation
Estrada v. Escritor
Benevolent neutrality carves out an exception to the enforcement of certain State laws and regulations. In this case, there is no showing that the exercise of religious freedom–cohabitation duly approved by religious elders–prejudices a compelling state interest.
Religious freedom carved out an exception in the application of the Civil Service Law
Re: Request of Muslim Employess in the Different Courts in Iligan City
Request was to go home early compared to normal civil service hours due to Ramadan. CSC issued Resolutions granting the request.
SC ruled CSC resolutions were ultra vires for lack of statutory authority.
Takeaway: This shows an example of favoring a religious exercise. However, there is no statutory basis for this. Hence, it was voided
Perfecto v. Judge Esidera
SC Ruled that it could not delve into purely ecclesiastical matters. OCA held Judge guilty of immoral conduct for failing to comport herself accordign to Roman Catholic Faith. This ruling was invalidated by the SC.
Re: Letter of Tony Q. Valenciano
The practice of holding mass in the basement of the QC Hall of Justice must be accommodated. There is no showing that the conduct of mass was prejudicial to public service. The State did not compel anyone to attend the masses, and there is no usage of public funds as the utilities would have still been turned on even when there was no mass.
Peralta v. Phil. Postal Corp.
The commemoration of the INC’s anniversary in postage stamps is considered an establishment of religion by the State. The printing of commemorative stamps is part of PhilPost’s business. The stamps are merely an acknowledgment of the INC’s existence for 100 yrs.
Liberty of Abode
Right to Travel
