Ebralinag, et al vs. Div. Supt.

of Schools of Cebu
G.R. No. 95770, March 1, 1993
Ebralinag, et al vs. Div. Supt. of Schools of Cebu

G.R. No. 95770, March 1, 1993

Facts:

In 1989, DECS Regional Office in Cebu received complaints about teachers and pupils belonging to
the Jehovah’s Witness, and enrolled in various public and private schools, which refused to sing the
Phil. National Anthem, salute the flag and recite the patriotic pledge.

Division Superintendent of schools, Susana B. Cabahug of the Cebu Division of DECS and her
Assistant issued Division Memorandum No. 108, dated Nov. 17, 1989, directing District Supervisors,
High School Principals and Heads of Private Educational institutions to remove from service, after
due process, teachers and school employees, and to deprive the students and pupils from the
benefit of public education, if they do not participate in daily flag ceremony and doesn’t obey flag
salute rule.

Members of the Jehovah’s Witness sect find such memorandum to be contrary to their religious
belief and choose not to obey. Despite a number of appropriate persuasions made by the Cebu
officials to let them obey the directives, still they opted to follow their conviction to their belief. As a
result, an order was issued by the district supervisor of Daan Bantayan District of Cebu, dated July
24, 1990, ordering the ‘dropping from the list’ in the school register of all Jehovah’s Witness teachers
and pupils from Grade 1 to Grade 6 who opted to follow their belief which is against the Flag Salute
Law, however, given a chance to be re-accepted if they change their mind.

Some Jehovah’s Witness members appealed to the Secretary of Education but the latter did not
answer to their letter.

On Oct. 31, 1990, students and their parents filed special civil actions for Mandamus, Certiorari and
prohibition, alleging that the respondents acted without or in excess of their jurisdiction and with
grave abuse of discretion in ordering their expulsion without prior notice and hearing, hence, in
violation of their right to due process, their right to free public education and their right to freedom of
speech, religion and worship. Petitioners prayed for the voiding of the order of expulsion or ‘dropping
from the rolls’ issued by the District Supervisor; prohibiting and enjoining respondent from barring
them from classes; and compelling the respondent and all persons acting for him to admit and order
their(Petitioners) re-admission I their respective schools.

On November 27, 1990, Court issued a TRO and writ of preliminary mandatory injunction,
commanding the respondents to immediately re-admit the petitioners to their respective classes until
further orders.

On May 31, the Solicitor General filed a consolidated comment to the petitions defending the
expulsion orders issued by the respondents.

Petitioners stressed that while they do not take part in the compulsory flag ceremony, they do not
engage in ‘external acts’ or behavior that would offend their countrymen who believe in expressing
their love of country through observance of the flag ceremony. They quietly stand at attention during
the flag ceremony to show their respect for the right of those who choose to participate in the solemn
proceedings. Since they do not engage in disruptive behavior, there is no warrant for their expulsion.
Issue:

Whether or not the expulsion of the members of Jehovah’s Witness from the schools violates right
receive free education.

Held:

The expulsion of the members of Jehovah’s Witness from the schools where they are enrolled will
violate their right as Philippine citizens, under the 1987 Constitution, to receive free education, for it
is the duty of the state to ‘protect and promote the right of all citizens to quality education, and to
make such education accessible to all (Sec. I, Art XIV). Nevertheless, their right not to participate in
the Flag Ceremony does not give them a right to disrupt such patriotic exercises. If they quietly stand
at attention during flag ceremony while their classmates and teachers salute the flag, sing the
national anthem and recite the patriotic pledge, we do not see how such conduct may possibly
disturb the peace, or pose ‘a grave and present danger of a serious evil to public safety, public
morals, public health or any legitimate public interest that the state has a right and duty to prevent.

It is appropriate to recall the Japanese occupation of our country in 1942-1944 when every Filipino,
regardless of religious persuasion, in fear of the invader, saluted the Japanese flag and bowed
before every Japanese soldier, perhaps if petitioners had lived through that dark period of our
history, they would not quibble now about saluting the Phil. Flag.

The petitions for certiorari and prohibition are granted and expulsion orders are hereby annulled and
set aside.