Status of religious freedom in the Philippines
Encyclopedia
Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines
.
declares: The separation of Church and State shall be inviolable. (Article II, Section 6), and,
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. No religious test shall be required for the exercise of civil or political rights. (Article III, Section 5).
, ruling in 2003
and 2006
in the landmark case of Estrada vs. Escritor, established the doctrine of benevolent neutrality-accommodation. The 2006 ruling, penned by former Chief Justice
Puno
, explained benevolent-neutrality in the context of U.S. jurisprudence
as follows:
The ruling went on to cite a U.S. Supreme Court
decision which had held that if prohibiting the exercise of religion is merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.
Though concurring in the decision, Justice O'Connor
dissented strongly from the rationale, arguing that a compelling state interest test should have been applied.
Echoing Justice O'Connor's point from the U.S. case, the ruling in Estrada vs. Escritor went on to quote her as having said: strict scrutiny is appropriate for free exercise challenges because “[t]he compelling interest test reflects the First Amendment’s mandate of preserving religious liberty to the fullest extent possible in a pluralistic society.
The ruling then declared Underlying the compelling state interest test is the notion that free exercise is a fundamental right and that laws burdening it should be subject to strict scrutiny, and summarized a three-part compelling state interest test by quoting Michael W. McConnell
as follows:
The ruling noted that the current prevailing view under U.S. law is that that there are no required accommodation under the First Amendment, although it permits of legislative accommodations. Considering Philippine jurisprudence, though, the ruling said:
These landmark decisions in Estrada vs. Escritor established that benevolent neutrality-accommodation is the framework by which free exercise cases must be decided in the Philippines. This amounts to a requirement that any law which conflicts with a violator's sincerely held religious beliefs must pass a strict scrutiny
test in order to be enforceable.
has repeatedly changed. The country had close ties between Roman Catholic Church
and the government during the Spanish colonial period from 1565 to 1898. This changed with the separation of church and state
of the Philippine republic of 1899. Religious freedom
was introduced during the American colonial period of the early 20th century and is preserved by state today.
and the Spanish civil authorities. Horacio de la Costa
, a Filipino Jesuit historian, mentions that the rules governing the cooperation of the two entities was set in the “Patronato Real de las Indias”, a combination of law and jurisprudence that governed the delicate relationship of the Holy See
and the Spanish monarchy regarding colonial affairs. In the agreements, the Roman Catholic clergy gave the Spanish monarchy the responsibility of promoting, maintaining, and defending the Roman Catholic religion in... all Spanish dominions overseas
(1). In return, the Spanish were permitted to exercise numerous rights to autonomously govern the colonial Roman Catholic Church virtually independent of Roman jurisdiction.
On the other hand, Teodoro Agoncillo
, a Filipino historian from the University of the Philippines
, mentions that the collaboration enabled the Spanish to readily subjugate the Indios (natives of the Philippines) by a potent combination of secular and religious might. The successful Legazpi conquest of the Philippines in 1565 recognized the power of clergy by bringing along Augustinian friar, navigator and priest Andrés de Urdaneta
, to help control the natives. Other Spanish rulers acknowledged the importance of clergy. A Mexican viceroy (quoted in Agoncillo) said that in each friar in the Philippines, they had a captain and a whole army. However, Church involvement had numerous ill effects, as antifriar Marcelo H. del Pilar
of the late 19th century complains: ... the friar
s control all the fundamental forces of society in the Philippines. They control the educational system, for they own the University of Santo Tomás, and are the local inspectors of every primary school. They control the minds of the people because in a dominantly Catholic country, the parish rectors can utilize the pulpit and confessionals to publicly or secretly influence the people.
In-fighting continued and reached its peak when the Gomburza
, a triad of priests composed of Mariano Gómez
, José Burgos
, and Jacinto Zamora
, were executed by civil authorities in 1872 after being implicated in the failed Cavite Mutiny in that same year. Popular discontent ensued, leading to the Philippine Revolution
some twenty years later. The Spanish were unable to cope with multiple uprisings since their limited military was overextended. Bereft of the civil protection, clerics were at their most vulnerable. Rather than accept change, numerous friars handled the Mausers and Remingtons when the tide of battle was going against the colonial government. As the status quo was being changed, the ties between Church and State began to fall apart.
Filipino nationalists in 1898 framed a constitution for an independent Philippine republic. There were heated discussions on the provision on state and religion. Felipe Calderón
presented his draft proposal calling for Roman Catholicism to be made a state religion. According to Jesuit historian John Schumacher, Calderón then attacked the position of Apolinario Mabini
who insisted on the separation of church and state
. The Calderón proposal, however, was defeated by a single vote, and the provision was finally passed. The constitution of 1899 states in Article 5:
Spain ceded the Philippines to the United States
in 1898. By the end of February, 1902, American forces had defeated the Philippine forces seeking to establish an independent Philippine republic. The Philippine Organic Act of 1902 provided, among other things, "That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed."
Schumacher cites that William Howard Taft
, the head of the Second Philippine Commission and the first civil governor of the Philippine Islands, was very much aware of the need to defuse anti-friar feeling throughout the islands. He requested the friars be leave their parish posts. Many of the friars left voluntarily, and were replaced by native Filipino priests in lower ranks and American bishops in the ranks of the episcopacy. Negotiations also began for the compulsory sale of vast Roman Catholic Church holdings. Although the sale was affected by pressure from influential sectors like some bishops and certain delegates, it achieved Taft’s goal of sequestering all the Roman Catholic Church lands, something that the ill-fated Philippine Republic had failed to achieve. After taking the land, the governor intended to redistribute the land. This not only reduced the financial position of the Roman Catholic Church, but also diminished the influential clout it had during the Spanish colonial period.
and the metaphor of Thomas Jefferson
on the wall of separation... between church and state
(10), but the Philippine experience has shown that this theoretical wall of separation has been crossed several times by secular authorities. Schumacher states that in 1906, the Philippine Supreme Court intervened in the issue of parish ownership by returning assets seized by the Philippine Independent Church, while certain charitable organizations managed or influenced by the Roman Catholic Church were either returned or sequestered.
The provision of the 1935 charter on religion mimicked the First Amendment to the United States Constitution
, but the sentences
With the guarantee of religious freedom in the Philippines, the Roman Catholic Church clergy subsequently remained in the political background as a source of moral influence for many voters during elections until today. Political candidates generally court the clergy for support, although this does not guarantee victory for a candidate. The Philippines was placed under martial law
by dictator Ferdinand Marcos
and relations changed dramatically, as some bishops opposed the martial law.
The Roman Catholic Church was instrumental in winning support for Corazon Aquino
who replaced Marcos as president with Cardinal Sin calling for support. Aquino then initiated a new constitutional commission to frame a new charter again for the country. It is noted that Roman Catholic religious and clergy like Christine Tan, R.G.S., a nun, Joaquin Bernas, S.J., and Bishop Teodoro C. Bacani became part of the 1986 Constitutional Commission and left their mark on the promulgation of the charter and its numerous provisions on the Church and state.
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
.
Constitution
The 1987 Constitution of the PhilippinesConstitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
declares: The separation of Church and State shall be inviolable. (Article II, Section 6), and,
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. No religious test shall be required for the exercise of civil or political rights. (Article III, Section 5).
Benevolent neutrality-accommodation
The Supreme Court of the PhilippinesSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
, ruling in 2003
and 2006
in the landmark case of Estrada vs. Escritor, established the doctrine of benevolent neutrality-accommodation. The 2006 ruling, penned by former Chief Justice
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
, explained benevolent-neutrality in the context of U.S. jurisprudence
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
as follows:
The ruling went on to cite a U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision which had held that if prohibiting the exercise of religion is merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.
Though concurring in the decision, Justice O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
dissented strongly from the rationale, arguing that a compelling state interest test should have been applied.
Echoing Justice O'Connor's point from the U.S. case, the ruling in Estrada vs. Escritor went on to quote her as having said: strict scrutiny is appropriate for free exercise challenges because “[t]he compelling interest test reflects the First Amendment’s mandate of preserving religious liberty to the fullest extent possible in a pluralistic society.
The ruling then declared Underlying the compelling state interest test is the notion that free exercise is a fundamental right and that laws burdening it should be subject to strict scrutiny, and summarized a three-part compelling state interest test by quoting Michael W. McConnell
Michael W. McConnell
Michael William McConnell is a constitutional law scholar who served as a federal judge on the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, Judge McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School...
as follows:
The ruling noted that the current prevailing view under U.S. law is that that there are no required accommodation under the First Amendment, although it permits of legislative accommodations. Considering Philippine jurisprudence, though, the ruling said:
These landmark decisions in Estrada vs. Escritor established that benevolent neutrality-accommodation is the framework by which free exercise cases must be decided in the Philippines. This amounts to a requirement that any law which conflicts with a violator's sincerely held religious beliefs must pass a strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
test in order to be enforceable.
History
By passing through the numerous phases of colonial occupation, the relationships between religions and government in the PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
has repeatedly changed. The country had close ties between Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and the government during the Spanish colonial period from 1565 to 1898. This changed with the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
of the Philippine republic of 1899. Religious freedom
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
was introduced during the American colonial period of the early 20th century and is preserved by state today.
Early period
Beginning with the Christianization of most of the Philippines in the 16th century, political power was shared by the Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and the Spanish civil authorities. Horacio de la Costa
Horacio de la Costa
Horacio V. de la Costa was the first Filipino Provincial Superior of the Society of Jesus in the Philippines, and a recognized authority in Philippine and Asian culture and history....
, a Filipino Jesuit historian, mentions that the rules governing the cooperation of the two entities was set in the “Patronato Real de las Indias”, a combination of law and jurisprudence that governed the delicate relationship of the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
and the Spanish monarchy regarding colonial affairs. In the agreements, the Roman Catholic clergy gave the Spanish monarchy the responsibility of promoting, maintaining, and defending the Roman Catholic religion in... all Spanish dominions overseas
(1). In return, the Spanish were permitted to exercise numerous rights to autonomously govern the colonial Roman Catholic Church virtually independent of Roman jurisdiction.
On the other hand, Teodoro Agoncillo
Teodoro Agoncillo
Teodoro Andal Agoncillo was a 20th-century Filipino historian. He and his contemporary Renato Constantino were among the first Filipino historians renowned for promoting a distinctly nationalist point of view of Filipino history...
, a Filipino historian from the University of the Philippines
University of the Philippines
The ' is the national university of the Philippines. Founded in 1908 through Act No...
, mentions that the collaboration enabled the Spanish to readily subjugate the Indios (natives of the Philippines) by a potent combination of secular and religious might. The successful Legazpi conquest of the Philippines in 1565 recognized the power of clergy by bringing along Augustinian friar, navigator and priest Andrés de Urdaneta
Andrés de Urdaneta
Friar Andrés de Urdaneta, O.S.A., was a circumnavigator, explorer and Augustinian friar. As a navigator he achieved in 1536 the "second" world circumnavigation after first one led by Ferdinand Magellan and Juan Sebastián Elcano in 1522...
, to help control the natives. Other Spanish rulers acknowledged the importance of clergy. A Mexican viceroy (quoted in Agoncillo) said that in each friar in the Philippines, they had a captain and a whole army. However, Church involvement had numerous ill effects, as antifriar Marcelo H. del Pilar
Marcelo H. del Pilar
Marcelo Hilario del Pilar y Gatmaitán , better known by his nom-de-plume Plaridel, was a celebrated figure in the Philippine Revolution and a leading propagandist for reforms in the Philippines A master polemicist in both the Tagalog and Spanish languages, he helped the Propaganda Movement through...
of the late 19th century complains: ... the friar
Friar
A friar is a member of one of the mendicant orders.-Friars and monks:...
s control all the fundamental forces of society in the Philippines. They control the educational system, for they own the University of Santo Tomás, and are the local inspectors of every primary school. They control the minds of the people because in a dominantly Catholic country, the parish rectors can utilize the pulpit and confessionals to publicly or secretly influence the people.
Revolutionary era
Government allowed ecclesiastical authorities to hold responsibilities in the areas of communication, defense, and even municipal government. There were numerous abuses conducted by the clergy, fanning the dislike of clergy through the archipelago. This harmonious relationship between the civil authorities and the ecclesiastical authorities, nonetheless, was often marked by friction between their divergent interests. Through the conflicts of Don Sebastián Hurtado de Corcuera with Fray Hernando Guerrero, and Governor Juan de Vargas with Archbishop Felipe Pardo, the constant disagreement and incompatibility of the two proved to be a persistent feature of Spanish rule (5-9).In-fighting continued and reached its peak when the Gomburza
Gomburza
Gomburza or GOMBURZA is an acronym denoting the surnames of the priests Mariano Gómez, José Apolonio Burgos, and Jacinto Zamora, three Filipino priests who were executed on 17 February 1872 at Bagumbayan in Manila, Philippines by Spanish colonial authorities on charges of subversion arising from...
, a triad of priests composed of Mariano Gómez
Mariano Gómez
Mariano Gómez y Guard was a Filipino secular priest, part of the Gomburza trio who were falsely accused of mutiny by the Spanish colonial authorities in the Philippines in the 19th century. He was placed in a mock trial and summarily executed in Manila along with two other clergymen.-Early...
, José Burgos
José Burgos
José Apolonio Burgos y García was a Filipino mestizo secular priest, accused of mutiny by the Spanish colonial authorities in the Philippines in the 19th century...
, and Jacinto Zamora
Jacinto Zamora
Jacinto Zamora y del Rosario was a Filipino friar, part of the Gomburza trio who were falsely accused of mutiny by the Spanish colonial authorities in the Philippines in the 19th century...
, were executed by civil authorities in 1872 after being implicated in the failed Cavite Mutiny in that same year. Popular discontent ensued, leading to the Philippine Revolution
Philippine Revolution
The Philippine Revolution , called the "Tagalog War" by the Spanish, was an armed military conflict between the people of the Philippines and the Spanish colonial authorities which resulted in the secession of the Philippine Islands from the Spanish Empire.The Philippine Revolution began in August...
some twenty years later. The Spanish were unable to cope with multiple uprisings since their limited military was overextended. Bereft of the civil protection, clerics were at their most vulnerable. Rather than accept change, numerous friars handled the Mausers and Remingtons when the tide of battle was going against the colonial government. As the status quo was being changed, the ties between Church and State began to fall apart.
Filipino nationalists in 1898 framed a constitution for an independent Philippine republic. There were heated discussions on the provision on state and religion. Felipe Calderón
Felipe Calderón
Felipe de Jesús Calderón Hinojosa is the current President of Mexico. He assumed office on December 1, 2006, and was elected for a single six-year term through 2012...
presented his draft proposal calling for Roman Catholicism to be made a state religion. According to Jesuit historian John Schumacher, Calderón then attacked the position of Apolinario Mabini
Apolinario Mabini
Apolinario Mabini y Maranan was a Filipino political philosopher and revolutionary who wrote a constitutional plan for the of 1899-1901, and served as its first prime minister in 1899...
who insisted on the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
. The Calderón proposal, however, was defeated by a single vote, and the provision was finally passed. The constitution of 1899 states in Article 5:
- The State recognizes the freedom and equality of all religions, as well as the separation of Church and State.
Spain ceded the Philippines to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 1898. By the end of February, 1902, American forces had defeated the Philippine forces seeking to establish an independent Philippine republic. The Philippine Organic Act of 1902 provided, among other things, "That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed."
Schumacher cites that William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
, the head of the Second Philippine Commission and the first civil governor of the Philippine Islands, was very much aware of the need to defuse anti-friar feeling throughout the islands. He requested the friars be leave their parish posts. Many of the friars left voluntarily, and were replaced by native Filipino priests in lower ranks and American bishops in the ranks of the episcopacy. Negotiations also began for the compulsory sale of vast Roman Catholic Church holdings. Although the sale was affected by pressure from influential sectors like some bishops and certain delegates, it achieved Taft’s goal of sequestering all the Roman Catholic Church lands, something that the ill-fated Philippine Republic had failed to achieve. After taking the land, the governor intended to redistribute the land. This not only reduced the financial position of the Roman Catholic Church, but also diminished the influential clout it had during the Spanish colonial period.
Late American period
American jurisprudence reintroduced separation of church and state relying on the First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and the metaphor of Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
on the wall of separation... between church and state
(10), but the Philippine experience has shown that this theoretical wall of separation has been crossed several times by secular authorities. Schumacher states that in 1906, the Philippine Supreme Court intervened in the issue of parish ownership by returning assets seized by the Philippine Independent Church, while certain charitable organizations managed or influenced by the Roman Catholic Church were either returned or sequestered.
The provision of the 1935 charter on religion mimicked the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, but the sentences
- The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall be forever allowed. No religious testNo religious test clauseThe No Religious Test Clause of the United States Constitution is found in Article VI, paragraph 3, and states that:This has been interpreted to mean that no federal employee, whether elected or appointed, career or political, can be required to adhere to or accept any religion or belief...
shall be required for the exercise of civil or political rights were appended and this section became the basis for the non-establishment of religion and freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
in the Philippines.
With the guarantee of religious freedom in the Philippines, the Roman Catholic Church clergy subsequently remained in the political background as a source of moral influence for many voters during elections until today. Political candidates generally court the clergy for support, although this does not guarantee victory for a candidate. The Philippines was placed under martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
by dictator Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
and relations changed dramatically, as some bishops opposed the martial law.
Post-independence
A new constitution was ratified in 1973 which included the separation of church and state clause, signaling a new development in the body of law on religious affairs. Joaquin Bernas, a Filipino Jesuit specializing in constitutional law, acknowledges that there were complex issues that were brought to court and numerous attempts to use the separation of Church and State against the Roman Catholic Church, but he defends the statement, saying that the fact that he [Marcos] tried to do it does not deny the validity of the separation of church and state.The Roman Catholic Church was instrumental in winning support for Corazon Aquino
Corazon Aquino
Maria Corazon Sumulong Cojuangco-Aquino was the 11th President of the Philippines and the first woman to hold that office in Philippine history. She is best remembered for leading the 1986 People Power Revolution, which toppled Ferdinand Marcos and restored democracy in the Philippines...
who replaced Marcos as president with Cardinal Sin calling for support. Aquino then initiated a new constitutional commission to frame a new charter again for the country. It is noted that Roman Catholic religious and clergy like Christine Tan, R.G.S., a nun, Joaquin Bernas, S.J., and Bishop Teodoro C. Bacani became part of the 1986 Constitutional Commission and left their mark on the promulgation of the charter and its numerous provisions on the Church and state.
Books
External links
- An article by Horacio De La Costa S.J.
- International Religious Freedom Report 2006 Released by U.S. Department of State
Further reading
- Church in Politics. Manila, 1992.