Constitutional Law II - Bill of Rights Section 5

Question 1

What does Sec, Art. III, 1987 Constitution provide?

Answer 1

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 discrimination or preference, shall forever be allowed

Question 2

Is Sec.5 limited to laws only?

Answer 2

No. It affects all governmental acts.

Question 3

Why is the church separated from the state.

Answer 3

Because there has been oppression in the name of god

Question 4

Can Police Power intervene with the freedom of religion

Answer 4

Yes, if there is a danger or evil of a substantive character that the state has a right to prevent.

Question 5

Why secular morality is used in formulating public policies and morals.

Answer 5

There is the danger of compelled religion and therefor, of negating the very idea of freedom of belief and non-establishment of religion when religious morality is incorporated in government regulations and policies.

Question 6

What is a compelled religion?

Answer 6

When you are compelled to conform to a standard of conduct buttressed by a religious belief.

Question 7

What are the rights guaranteed under the Freedom of Religion Clause?

Answer 7

Non-establishment of religion- the state cannot establish a religion

Freedom of religious exercise-no law should be past prohibiting the exercise of your religion.

Question 8

What is the non-establishment of religion?

Answer 8

Tax Exemption
Public Aid to Religion
Intramural Religious Dispute

Question 9

Art 14 Sec, 3. Paragraph 2

Answer 9

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

Question 10

Art 14, Section 3 Paragraph 3

Answer 10

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Question 11

Art 6, Section 28 Paragraph 3

Answer 11

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

Question 12

Art 6, Section 29 Paragraph 3

Answer 12

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

Question 13

What is included in the Freedom of Exercise clause

Answer 13

Freedom to believe

Freedom to Act to one’s belief

Question 14

Can the free exercise of religion be restrained?

Answer 14

Yes, if there is a clear and present danger or evil of a substantive character that the state has a right to prevent.

Question 15

Can the freedom to believe be restrained?

Answer 15

No.

Question 16

Does imposing Tax on Selling Bibles infringed the freedom to exercise to act on one’s belief?

Answer 16

Yes, The constitutional guaranty of the free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious information.

Question 17

Purpose of the Non-establishment clause and the freedom of exercise clause

Answer 17

In simplest terms, the Free Exercise Clause
prohibits government from inhibiting religious beliefs with penalties for religious
beliefs and practice, while the Establishment Clause prohibits government from
inhibiting religious belief with rewards for religious beliefs and practices. In other
words, the two religion clauses were intended to deny government the power to use
either the carrot or the stick to influence individual religious beliefs and practices.