Gerona vs Secretary of Education

Case No. 117 GERONA VS SECRETARY OF EDUCATION

Facts: RA 1265 is a law that makes a flag ceremony compulsory for schools. The implementing rule Department Order 8 says that the anthem must be played while the flag is raised. It also says that everyone must salute the flag and no one is to do anything while the ceremony is being held. After the flag everyone is to recite the patriotic pledge. Petitioners belong to the Jehova’s Witness whose children were expelled from Buenavista Community School in Uson, Masbate when they refused to salute, sing the anthem, recite the pledge during the conduct of flag ceremony. They did not do so out of religious belief. They are Jehovah's Witnesses. They consider the flag to be an image in the context of what is prohibited in their religion and because of this they were expelled from the school. Gerona wrote to Sec of Education that their children be exempt from the law and just be allowed to remain silent and stand at attention but this was denied. As a result, the petitioners filed for a writ of preliminary injunction against the Secretary and Director of Public Schools to restrain them from implementing said DO No. 8.

Issue: Whether Department Order No 8 is valid. Held: Department Order 8 is valid. Saluting the flag is not a religious ritual and it is for the courts to determine, not a religious group, whether or not a certain practice is one. The court held that the flag is not an image but a symbol of the Republic of the Philippines, an emblem of national sovereignty, of national unity and cohesion and of freedom and liberty which it and the Constitution guarantee and protect. Considering the complete separation of church and state in our system of government, the flag is utterly devoid of any religious significance. Saluting the flag consequently does not involve any religious ceremony. After all, the determination of whether a certain ritual is or is not a religious ceremony must rest with the courts. It cannot be left to a religious group or sect, much less to a follower of said group or sect; otherwise, there would be confusion and misunderstanding for there might be as many interpretations and meanings to be given to a certain ritual or ceremony as there are religious groups or sects or followers.