FREEDOM OF RELIGIONArticle 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 passing laws
which aid one religion, aid all religions or prefer one religion
over the other.Scope 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
religionTests to determine whether there is a violation of
establishment clause The statue has secular legislative purpose;
Its principal or primary effect is one that neither advances nor
inhibits religion; It does not foster an excessive government
entanglement with religion;Tests applied by courts in determining
violations against non-establishment clauseStrict neutrality.
Examines only whether government action is for a secular purpose
and does not consider 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.Rationale:The
separation of church and the state is expressed in the first
sentence of Art. 3 Sec. 5.
Non- violative of the non-establishment clause Postage stamps
depicting Philippines as a site of significant religious event
Government sponsorship of town fiesta Book lending program for
students in parochial schools Financial support for secular
academic facilities
Free exercise clause ( freedom of religious belief and
worship)Kinds of freedom of religious belief and worshipFreedom to
believe. Absolute as long as it is confined to the realm of
thoughtFreedom 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 clausea)
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 INFORMATIONArticle 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 TRAVELArt. 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 Liberty of abode. Upon lawful court order Right to
travel. in the interest of National Security, public safety or
public health as provided by law and Any person on bail The right
to return to ones country is not included in the right to travel.
Right to travel only includes: The right to travel from the
Philippines to another country; and The right to travel within the
Philippines
(Manotoc vs. CA)Petitioner who is facing several criminal
charges was out on bail, thereby filed a motion for permission to
leave the country. The court dismissed the motion on the principal
ground that the condition of the bail bond that he would be
available at any time the court require his presence was valid
restriction on his right to travel.
(Silverio vs. CA)A personfacingcriminalcharges 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
re-arrested without the necessity of a warrant if he attempts to
depart from thePhilippineswithout prior permission of the
Courtwhere the case is pending.
(Marcos vs. Manglapus) The individual right involved in this
case is notthe rightto travel from the Philippines to other
countries or within the Philippines. These are whatthe rightto
travel would normally connote. Essentially,the rightinvolved in
this case at bar isthe right to returnto one's country, a distinct
right underinternational law, independent from although related
tothe rightto 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
wouldwipe awaythe gains achieved during the past few years after
the Marcos regime.
RIGHT TO FORM ASSOCIATIONArticle 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.
Right to form association cannot be impaired without due process
of law Right to form associations shall not be impaired except
through a valid exercise of police powerIn recognizing the right of
the government employees to organize, the commissioners on
constitutional commission 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 any
manner change the intentions of the parties even if such change be
done indirectly.There is no impairment of contracts as long as a
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 contractsFree exercise of religion is superior over
contract rights
