SECTION 5. No law shall be made respecting any religion or prohibiting the free exercise thereof.

The free exercise and enjoyment of religious worship and

profession, without discrimination or preference, shall be forever allowed. No religious test shall be required for the exercise of civil or political rights.

Religion- is a profession of faith to an active force that binds and elevates man to his Creator.
Non-establishment Clause- constrains the government from involving itself in religious matters.
Free Exercise Clause- The purpose of the of the clause is to secure religious liberty in the individual by prohibiting any invasions thereof by civil authority.

Case Facts Ruling Doctrine

Non-establishment clause

Aglipay v. Director of Posts announced he
Ruiz would be issuing and selling
stamps commemorating the
celebration of the 33rd
International Eucharistic Congress
organized by the Roman Catholic
church
-Act No. 4052 granted him the
right to do so.
Issue:
Selling of commemorative stamps,
which favors one religion.
Act No. 4052 grants the Director of Posts a discretionary The Court allowed for the issuance of religious
power to determine when the issuance of postage stamps commemorative stamps, even if there were
would be advantageous to the Government. incidental benefits to the Church, since those
-does not authorize the use, appropriation or application of benefits, if any, were NOT the primary aim and
public money or property for the use, benefit or support of a purpose of the issuance of the stamps, the main
particular sect or church. purpose being to generate profit and boost
-the postage stamps was not inspired by any sectarian tourism.
feeling to favour a particular church or religious
denomination.
-stamps were not sold for the benefit of the Roman Catholic
Church.
-the only purpose of the stamp was to advertise the
Philippines and attract more tourists to this country.
-the actual design and print show the map of the Phil. and
the location of Manila instead of the church’s chalice.
-the gov’t shall not be embarrassed in its activities simply
because of incidental results, more or less religious in
character, if the purpose had in view is one which could be
legitimately undertaken by appropriate legislation.

Garces v. The barangay council passed
Estenzo Resolution 5 which revives the
celebration of the feast day of
their patron saint, San Vicente
Ferrer. Through cash soliciations
and donations, an image of their
patron saint and also construction
of waiting sheds will be attained.
-The image was temporarily
placed in the church during the
fiesta.
Issue:
Prohibition of the use of money
for public purpose
-The resolutions do not directly or indirectly establish any A statute by a local government intended to
religion, nor abridge religious liberty, nor appropriate public facilitate the worship of the patron saint (such as
money, or property for the benefit of any sect, priest or the acquisition of an image) is neither illegal nor
clergyman. violative of the doctrine of ‘separation of church
-The image was purchased with private funds, not with tax and state’. The church cannot also take custody
money. over an item if it’s not acquired by church
-The construction of a waiting shed is entirely a secular money/ property.
matter.
-The barrio fiesta is a socio-religious affair. Its celebration is
an ingrained tradition in rural communities. The fiesta
relieves the monotony and drudgery of the lives of the
masses.
-The image in question belongs to the brgy. Council and the
latter has the right to determine who should have the
custody thereof.
School Students in public schools of
District v. Pennsylvania were required to
Schemmp read at least ten verses from the
Bible every morning and recite the
Lord’s Prayer.
Issue:
Mandatory reading of the bible
and recitation of the Lord’s Prayer
-The Establishment Clause prohibits the government from
involving itself in religious matters.
-The State may NOT draft or conduct religious prayers in
schools filled with captive audiences of children.
-No state law or school board shall require the schools to
conduct the assailed activities in this case, even if individual
students may be excused from attending or participating
such exercises upon written request of their parents.
-The ability of a parent to excuse a child from these
ceremonies by a written note was irrelevant since it did not
prevent the school’s action from violating the
Establishment Clause.
Test for Establishment Clause:
1. If the primary effect and purpose of
the enactment neither advances nor
inhibits the religion.
2. There must be a secular legislative
Test for Free Exercise Clause:
 There must be a coercive effect of the
enactment as it operates against a
person who practices his religion.
The government should be neutral about
religion; it protects all but cannot promote or
favor any. The State cannot forbid but it cannot
likewise aid in the performance of religious
functions. Ceremoniously reading from the Bible
and reciting The Lord’s Prayer are clearly
exercises of religion, and to require their
performance would violate the rights of the
students.

BOE v.
Commented [1]:
Allen