Ebralinag v. Division Superintendent of Schools of Cebu (219 SCRA 256)

FACTS: School authorities in Cebu expelled students who did not salute to the flag and did not recite the National Anthem pursuant to RA 1265 which makes the flag ceremony compulsory in all educational institutions. The students who were expelled belonged in a religious group, Jehovas Witness, wherein they believed that according to their bible, to salute any form of symbol is a forbidden act by their god and that their non-compliance showed devotion to their god. They also said that their non-compliance was not a sign of disrespect to the flag or the country; and that their love for their country is shown in many gestures such as being law abiding citizens, paying their taxes and not inciting any anti-government acts. The respondents contend that they have the responsibility to teach the students the values of nationalism and patriotism which would shape them to be productive members of the society. The respondents seeks reconsideration of the SCs decision annulling the expulsion orders made by the school.

ISSUE: Whether or not the compulsory flag salute and the expulsion of the children was unconstitutional.

HELD: Yes. It violates the Free Exercise Clause. It prohibits and denies the children of their religious belief as well as their right to basic education..