Pamil v Teleron 86 SCRA 413 (1978)

F:         In 1971, Fr. Margarito Gonzaga was elected mayor of Albuquerque, Bohol. A petition was filed against him on the basis of section 2175 of the Revised Administrative Code providing that "in nocase shall there be elected or appointed to a municipal office ecclesiastics, soldiers in active service, persons receiving salaries from provincial funds, or contractors for public works." The CFI dismissed the petition on the ground that the ineligibility has been impliedly repealed by section 23 of the 1971 Election Code.

Ebralinag v Division Supt. of Cebu 219 SCRA 256 (1993)

Facts: Two special civil actions for certiorari, Mandamus and Prohibition were filed and consolidated for raising same issue. Petitioners allege that the public respondents acted without or in excess of their jurisdiction and with grave abuse of discretion. Respondents ordered expulsion of 68 HS and GS students of Bantayan, Pinamungajan, Caracar, Taburan and Asturias in Cebu. Public school authorities expelled these students for refusing to salute the flag, sing the national anthem and recite the “Panatang Makabayan” required by RA1265. They are Jehovah’s Witnesses believing that by doing these is religious worship/devotion akin to idolatry against their teachings. They contend that to compel transcends constitutional limits and invades protection against official control and religious freedom. The respondents relied on the precedence of Gerona et al v. Secretary of Education. Gerona doctrine provides that we are a system of separation of the church and state and the flag is devoid of religious significance and it doesn’t involve any religious ceremony. The freedom of religious belief guaranteed by the Constitution does not mean exception from non-discriminatory laws like the saluting of flag and singing national anthem. This exemption disrupts school discipline and demoralizes the teachings of civic consciousness and duties of citizenship.

American Bible Society v City of Manila 101 PHIL 386 (1957)

Facts: New York’s Education Law requires local public school authorities to lend textbooks free of charge to all students in grade 7 to 12, including those in private schools. The Board of Education contended that said statute was invalid and violative of the State and Federal Constitutions. An order barring the Commissioner of Education (Allen) from removing appellant’s members from office for failure to comply with the requirement and an order preventing the use of state funds for the purchase of textbooks to be lent to parochial schools were sought for. The trial court held the statute unconstitutional. The Appellate Division reversed the decision and dismissed the complaint since the appellant have no standing. The New York Court of Appeals, ruled that the appellants have standing but the law is not unconstitutional.

Garces v Estenzo 104 SCRA 510 (1981)

Facts: Two resolutions of the Barangay Council of Valencia, Ormoc City were passed:

a. Resolution No. 5- Reviving the traditional socio-religious celebration every fifth of April. This provided for the acquisition of the image of San Vicente Ferrer and the construction of a waiting shed. Funds for the said projects will be obtained through the selling of tickets and cash donations.

b. Resolution No. 6- The chairman or hermano mayor of the fiesta would be the caretaker of the image of San Vicente Ferrer and that the image would remain in his residence for one year and until the election of his successor. The image would be made available to the Catholic Church during the celebration of the saint’s feast day.

These resolutions have been ratified by 272 voters, and said projects were implemented. The image was temporarily placed in the altar of the Catholic Church of the barangay. However, after a mass, Father Sergio Marilao Osmeña refused to return the image to the barangay council, as it was the church’s property since church funds were used in its acquisition.

Aglipay v Ruiz 64 PHIL 201 (1937)

Facts: Petitioner seeks the issuance of a writ of prohibition against respondent Director of Posts from issuing and selling postage stamps commemorative of the 33rd International Eucharistic Congress. Petitioner contends that such act is a violation of the Constitutional provision stating that no public funds shall be appropriated or used in the benefit of any church, system of religion, etc. This provision is a result of the principle of the separation of church and state, for the purpose of avoiding the occasion wherein the state will use the church, or vice versa, as a weapon to further their ends and aims. Respondent contends that such issuance is in accordance to Act No. 4052, providing for the appropriation funds to respondent for the production and issuance of postage stamps as would be advantageous to the government.