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Chapter 1

INTRODUCTION

Background of the Study

It is a truism that man perceives and acknowledges the imperatives of a divine law through

the mediation of conscience. In all his actuations, a man is bound to follow his conscience

faithfully in order that he may come to his Creator. By its very nature, religion assists those

internal, voluntary, and free acts whereby man sets the course of his life directly toward

God. The social nature of man itself requires that he should participate with others in

matters of his religious beliefs. He professes his religion in a community through an

institution.1

Religion is pervasive and almost universal phenomenon in human societies. Yet one of the

striking facts about the word religion is that, although we use it without hesitation, we have

great difficulty in telling others what we mean by it.2

Religion in the Philippines is a spiritual beliefs held by Philippine citizens. Religion

holds a central place in the life of the majority of Filipinos,

1
Coquia, Jorge R. Church and State Law and Relations in the Philippines: 163 Tandang Sora, Samson Road,
Caloocan City: Rex Publishing Company, 1974, p. 1.
2
Abernethz, George L. and Langbord, Thomas A. Philosophy of Religion. New York: The MacMillan
Company, 1962, p.3.
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including Hindus, Buddhists, Animists, Muslims, Aglipayans, Protestants and Catholic. It

is central and not as an abstract belief system and a host of experiences, rituals, ceremonies,

and adjurations that provide continuity in life, cohesion in the community and moral

purpose for existence. Religious associations are part of the system of kinship ties, patron-

client bonds and other linkages outside the nuclear family.3

In early history there was no separation of church and state in the Philippines, and

in most cases local Parish Priests played the dual role of civil official and Ecclesiastical

leader. Not until the end of the Spanish administration was there a true separation of church

and state and only then were other religions permitted.4

In the Philippines, the Church and State are tripartite institutions that provide

impetus to human development. The Philippine Constitution, however, decrees the

separation of these two units wherein they must act as different entities that are mutually

exclusive to each other. Each body maintains its own responsibility in the formation of its

members.5

To meet the demands of her social and moral roles, the Church exceeds her

boundaries by exercising constant political interference. While the Church should limit

herself to the spirituality of the flock, she seizes opportunities to criticize government

3
“Philippine Religion”. Studymode.com. 2011. Retrieved 24 Aug. 2013.<http://www. studymode. com/
essays/Total-SeparationOf-Church-And-State-1701590.html>.
4
Anderson, Gerald A. Studies in Philippine Church History. Ithaca, New York, USA: Cornell University Press,
1969.
5
"Political Intervention of the Church." 24 May 2007. Retrieved 24 August. 2013. <http://www. acade
mon.Com/ term-paper/political-intervention-of-the-church-95491/>.
 Page|3

proceedings, and campaigns for the radicalization of Church followers. Despite the

principle of Church-State separation, the Church sees it fit to use her people to influence

government decisions and fight against weak governance in the state. The state alleges

overstepping on the Church's part and the laity's spirituality continually suffers.6

Statement of the Problem

This study in general dealt with the analysis and the evaluation on the relationship of State

and Church in the Philippines.

More specifically, the study dealt with the following queries, viz.:

1. What is the historical background of the Filipino belief systems considering the

Philippines as a meeting place of Major religions? What are the major religious

groups that have been actively involved in the Philippine Politics?

2. What is the Principle of Separation of State and Church as applied in the Philippine

context? How do we assist it in terms of its efficiency, usefulness, and factuality?

3. What are the roles played by the Church on the State affairs? What are the state‘s

positions on the Ecclesiastical matters? How do the two entities intermingle and

collide with one another on the bases of their sphere of influence and authority that

they both possessed?

6
Ibid.
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4. In viewing comprehensively, is there really a total separation of church and state in

the Philippines?

Objective of the Study

The study in general looked into the relationship of State and Church in the Philippines.

More specifically, the study gave light to the following objectives, viz.:
1. To document the historical background of the Filipino belief systems considering

the Philippines as a meeting place of Major religions and to identify the major

religious groups that have been actively involved in the Philippine Politics.

2. To recognize the Principle of Separation of State and Church as applied in the

Philippine context and to assist its efficiency, usefulness, and factuality.

3. To outline the roles played by the Church on the State affairs and at the same time

sketch the state‘s positions on the Ecclesiastical matters and vice-versa, and to

investigate the interaction of the two entities (State and Church) on the bases of

their sphere of influence and authority that they both possessed.

4. To examine comprehensively whether a total separation of church and state in the

Philippines really exists.

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Theoretical Framework

The study made use of the concept of the Separation of Temporal and

Ecclesiastical Power or the Theory of the Separation of State and Church.

To further understand the theory of the separation of state and church under study,

the concepts and definitions or even its historical birth of the said approach are to be dealt

with.

The separation of church and state is the distance in the relationship between

organized religion and the nation state. Although the concept of separation has been

adopted in a number of countries, there are varying degrees of separation depending on the

applicable legal structures and prevalent views toward the proper role of religion in society.

The relationship between church and state is the institutional form of the

relationship between the religious and political spheres. This relationship has taken a

variety of forms historically and in the modern world from the state dominating religion to

religion dominating the state and recent attempts to separate them. In most ancient

civilizations this relationship was not clearly defined but it is one of the most significant

themes running through western history.7

7
“Church and State”. New World Encyclopedia (Posted 21 May 2013). Retrieved 5 Sep. 2013.<http ://www
.Newworldencyclopedia.org/entry/Church_and_State>.
 Page|6

Another account given of the political ideas of St. Ambrose and St. Augustine

stresses the autonomy of the church in spiritual matters and the conception of government

as shared between two orders, the regal and the clerical. The position implied not only the

independence of the church but equally that of secular government, so long as the latter

acts within its own proper jurisdiction.8

The concept of separating church and state is also often credited to the writings of

English philosopher John Locke (1632–1704). According to his principle of the social

contract, Locke argued that the government lacked authority in the realm of individual

conscience, as this was something rational people could not cede to the government for it

or.9 John also added that men being, as has been said, by nature all free, equal, and

independent, no one can be put out of this state and subjected to the political power of

another without his own consent done for them to be comfortable.10

The Bill of Rights was one of the earliest examples in the world of complete

religious freedom (adopted in 1791, only preceded by the Declaration of the Rights of Man

and of the Citizen in 1789) but it was interpreted as establishing a separation of Church and

State only after the letter of Jefferson. At the time of the passage of the Bill of Rights, many

states acted in ways that would now be held unconstitutional, some of them with official

state churches. All of the early official state churches were disestablished by 1833.

8
Ibid.
9
Adler, Mortimer J. Great Books of the Western World: A Chronology of the Great Authors. “An Essay
Concerning the True Original Extent and End of Civil Government of John Locke translated by William Popple
(Britanica vol. 33). Chicago: Encyclopedia Britanica, Inc., 1990.
10
Ibid.
 Page|7

John Calvin also highlighted about the Spiritual and Political Government. He said,

―Man is under two kinds of government: one spiritual, by which the conscience is soul,

and that the latter relates to the concerns of the present state, not only to the provision of

food and clothing, but to the enactment of laws to regulate a man‘s life among his neighbors

by the rules of holiness, integrity, and sobriety. For the former has its sit in the interior of

the mind, whilst the later only directs the external conduct: one maybe term the Spiritual

kingdom and the other a Political one. But this two, as we have distinguished them, always

require to be considered separately.11

Countries have varying degrees of separation between government and religious

institutions. Since the 1780s a number of countries have set up explicit barriers between

church and state. The degree of actual separation between government and religion or

religious institutions varies widely. In some countries the two institutions remain heavily

interconnected. With this, the Philippines is one among those countries that has a especial

place on the separation of church and state.

11
Ebenstein, William. “Institute of the Christian Religion (Calvin)”. Great Political Thinkers (4th Ed.). Hinsdale,
Illinois: Dryden Press, 1969, p. 321-322.
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Chapter 2

A. HISTORICAL BACKGROUNDS OF RELIGION IN THE PHILIPPINES

In its widest sense, religion includes all forms of belief in the existence of superior

beings exercising power over persons and imposing rules of conduct with future state of

rewards or punishments.12 It is some system of faith and practice, resting on the idea of the

existence of God, the Creator and Ruler, to whom his creatures owe obedience and love.

In its simpler sense, religion is the union of man with God consisting of the

doctrines and precepts by which man seeks to bring about this union.26 The term religion

has reference to one‘s view of his relation to his Creator, and the obligations they impose

to reverence for his being character, and of obedience to His Will. The essence of religion

is the belief in a relation to God involving duties superior to those arising from any human

relation.

1. Religion of Primitive Filipinos

2. Islam in the Philippines

The periods following the demise of the Prophet Muhammad - led to the expansion

of Islam to Europe, Africa, and Southeast Asia. In Southeast Asia, Islam was promulgated

by three methods: by Muslim traders in the course of peaceful trade; by preachers and holy

12
W. Torpey. Judicial Doctrines of Religious Rights in America (1948), p.1.
26
The Catholic Encyclopedia Dictionary. New York, 1929.
 Page|9

men who set out from India and Arabia specifically to convert idolaters and animist and

increase the knowledge of the faithful; and by war waged against heathen states.13

Islam had come to the Philippines through the Arab merchant and Islamic

missionaries as it spread to Southeast Asia sometime in the thirteenth century (1210), to

the Sulu Archipelago, Mindanao, the Visayas, and Luzon14. Prior to the Spanish

colonization of the Philippines, Islam had established a foothold in many parts of the

country, thus marking the cultural and political identity of the Muslims by many accounts,15

the ethnic communities, kinship system, the political units called balangay or barangay

made up the basic sociopolitical organization in the Philippines before Spanish conquest.

3. The Catholic Religion in the Philippines

Roman Catholicism is the predominant religion and the largest Christian

denomination, with estimates of approximately 83% of the population belonging to this

faith in the Philippines.

Spain‘s first and foremost purpose in colonizing other lands, among which was the

Philippines was to spread the Catholic faith. This was understood from the last will and

testament of Queen Isabella (1497-1504) emphasizing the keynote of Spanish policy as

follows: ―Our principal aim has always been that of converting Indies and the Tierra

13
Esmula, Wadja K. and Mutia, Muhiddin Batara. “Islam in the Philippines”. Retrieved 5 Sep. 2013
<http://www .islamawareness.net/Asia/Philippines/philippines.html>.
14
Ibid.
15
Evangelista, Oscar L. Building the National Community: Problems and Prospects, and Other Historical
Essays. Quezon City: New day Publishers, 2002.
 P a g e | 10

Firme to our Holy Faith, sending to them prelates, missionaries, and other learned persons

to instruct them, educate them, and touch them good manners.‖

The Catholic Church has played a very significant and lasting role in the influence of the

life of Filipino people. It has reached the very roots of civil society. Entirely different from

that which any church occupies in the United States, the Catholic Religion has been the

powerful buttress of law, order and stability of society.48

48
Hayden, J. The Philippines, A Study In National Development. New York: 1942, p.560.
49
The day in the Christian Calendar set aside to celebrate the lives of the Saints.
50
Festival celebrating the birth of Jesus Christ.
51
A Christian Holy Day marking the death of Jesus Christ. Friday before Easter Day.
 P a g e | 11

4. The Philippine Independent Churches

The Philippine Independent Church, also known as Iglesia Filipina Independiente, was

formed in the beginning of the twentieth century as part of the nationalist struggle against

Spanish colonialism and American imperialism. It traces its origin from the struggle of the

Filipino clergy against racial discrimination and friar domination within the Roman Church

in the 19th century. The presence of the Spanish friars in the parishes eventually led to the

formation of this Filipino National Church. The Philippine Independent Church was a

religious body that separated from the Roman Catholic Church in 1902 and rejected the

spiritual authority of the pope.16

The Iglesia Filipina Independiente was born during a period when institutional and

missionary churches were cooperating with the colonial government & patriotic Filipinos

continue to sustain the struggle for national democracy in the backdrop of US colonial set

up. A public protest led by the Union Obrera Democratica, which was the first labor

confederation in the Philippines, publicly proclaimed the Iglesia Filipina Independiente in

August 3, 1902. Isabelo de los Reyes, Sr., president of the labor confederation, nominated

Father Gregorio Aglipay as Supreme Bishop or Obispo Maximo. Isabelo de los Reyes,

author, labour leader, and senator, was imprisoned during the revolution for his criticism

of Spanish clergy and government officials in the Philippines, and Gregorio Aglipay, a

16
San Juan, Catrina. “Aglipayanism and the Philippine Independent Church”. Retrieved 5 Sep. 2013.
<http://philippines1900.tumblr.com/post/265047460/aglipayanism-and-the-philippine-independent-chur
ch>.
 P a g e | 12

Philippine Roman Catholic priest who was excommunicated in 1899 for his activities on

behalf of the revolution.

5. The Protestant Religion

Protestant Christianity arrived in the Philippines during the late 19th century and

the early 20th century. These denominations were introduced mostly by American

missionaries at that time, although some were founded locally.

Protestantism developed in the Philippines after the Spanish-American War when the

United States acquired the Philippines from the Spanish with the 1898 Treaty of Paris.

During the American Colonial Period the Catholic Church was disestablished and

protestant missionaries had greater opportunity to enter the Philippines. In addition, there

was a backlash against the Catholicism of the Spanish and a greater acceptance of

Protestant Christianity represented by the Americans.

6. The Iglesia Ni Kristo

Like the Philippine Independent church, the founding and growth of the Iglesia Ni

Kristo, is closely associated with its founder, Felix Manalo (1886-1963). Established in

1913, the new religious denomination developed into one of the major religion that has

gained prestige and influence in the Philippines.57

 P a g e | 13

The Iglesia ni Cristo proclaims itself to be the one true church and claims that it is the

restoration of the original church founded by Jesus and that all other Christian churches

including the Roman Catholic Church are apostate. I.N.C. doctrines cite that the official

registration of the church with the Philippine government on July 27, 1914 by Felix Y.

Manalo who is referred to as the last messenger of God.

B. GENERAL PRINCIPLE OF CHURCH AND STATE RELATION

The merger of various systems of law, culture and religion in the Philippines has

caused peculiar effects in the relationship of the Church and state. Since the time was a

Spanish colony to its present status as a republic, diverse systems of law and civilization

have been introduced in the country.17 For more than three and half centuries, the

Philippines was under Spanish rule, hence, by the time the Philippines was ceded to the

United States, the Filipinos had already embraced the Latin culture. By the Treaty of Paris,

on December 10, 1898, under which Spain ceded the Philippines to the United States, the

political laws of Spain were replaced by those of the United States. The substitution was

the result of the application of the general principle of political law that a state acquiring a

territory holds its constitutional law.18

b. Church and State as Two Distinct and Perfect Societies

17
Ibid.,Coquia, pp. 20-21.
18
Ibid.
 P a g e | 14

The authority of the State may be exercised only over temporal matters. The true function

of the State is to control, aid and direct the private and individual activities of national life

that they may converge harmoniously toward the common good. The state has the right to

exercise its authority, not over supernatural matters, but only over temporal aspects of such

matters.19

The Church as a perfect society is sovereign and supreme within its own sphere.

For its purpose it has the necessary means, at least virtually, if not actually, for achieving

its proper objective which is the sanctification and consequent salvation of souls. By its

very nature and foundation it has its own legislative authority which is independent of the

state. This power of the Church is intended to be used in so far as the Church is entrusted

with man‘s spiritual well-being. The church is concerned not only with the mere natural

well-being of man but especially with his supernatural welfare. It enjoys the authority to

judge, direct and correct the political of the society in all that touches spiritual order. As a

social organism, the power extends far beyond the reach of any human society. To fulfill

its task, the church is endowed with jurisdiction.

In matters pertaining to personal salvation and administration of the sacraments,

even Christian princes will obey the Church, while at the same time, in matters pertaining

to the public order, even bishops must obey the law of the State.20

19
Le Buffe and Hayes. The American Philosophy of Law. (New York: 1947,p. 314).
20
Walsh, G. Church and State in the United States. (New York, p.13).
 P a g e | 15

c. The Issue of Divided Allegiance

The question of divided allegiance between the Church and the State has been raised in

several countries. By reason of his spiritual allegiance to the Pope, as his faith prescribes,

the loyalty of a Catholic is occasionally questioned. The issue was raised particularly during

the 1928 and 1960 presidential elections in the United States when Al Smith and John F.

Kennedy, both Catholics, ran respectively as Presidential candidates. There is a possibility

that the obedience to the Papacy, in faith and morals, may be in conflict with the loyalty of

a Catholic citizen to his own country. So true also with the Muslims in the Philippines

whether to follow the State‘s Laws or to follow the Laws prescribed by God. This dilemma

has been experienced also by the other major religious groups in the Philippines.

C. FREEDOM OF RELIGION

Significantly, the concept of religion and worship had been introduced officially in the

Philippines almost simultaneously through historic documents. The Treaty of Paris

concluded between the United States and Spain on December 10, 1898 provided among

other things that ―the inhabitants of the territories over which the free exercise of

religion.21 .

a. Historical Declarations of the Freedom of Religion

From 1899 onwards, religious liberty was codified into every charter of government

in the Philippines. There have been three major constitutions since: the independence

21
The territories referred to were Cuba, Puerto Rico, Guam, the West Indies and the Philippine Islands.
 P a g e | 16

constitution drafted in 1935, the Marcos constitution adopted in 1973, and the 1987

constitution adopted under Corazon Aquino. All of these constitutions contained the stock

clauses to guarantee Church-State separation, as demonstrated by the current constitution.22

The separation of church and state was finally adopted – in a meeting ironically held

inside a church – only by way of amendment, voting for which was twice caught in a

deadlock and the tie had to be broken by the chairman: ―The State recognizes the freedom

and equality of all religions, as well as the separation of the Church and the State. Even

more telling, however, the separation clause was immediately suspended – by motion of its

own adherents—in order to preserve unity in the face of the impending war with the United

States.23

The Philippine Bill of 1902 stated:

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.24

The Jones Law of 1916 reiterated these verbatim, and added the following: … and no

religious test shall be required for the exercise of civil or political rights. No Public money

22
Pangalangan, Raul C. “Translated Constitutionalism: The Philippine Debate on the Secular State and the
Rule of Law”. PHILIPPINE LAW JOURNAL. Vol. 28 (2005): p.2. Retrieved 24 Aug. 2013. <http://
plj.upd.edu.ph/wpcontent/uploads/plj/PLJ%20volume%2082/PLJ%20volume%2082%20number%203/PLJ
%20volume%2082%20number%203%20-01-%20Raul%20C.%20Pangalangan%20-%20Transplanted%20Co
nstitutionalism.pdf> RAUL C. PANGALANGAN is Professor of Law and former Law Dean, University of the
Philippines. He has taught Public International Law as a Visiting Professor at Harvard Law School. He is
actively involved in judicial reform, and he was a Philippine delegate to the 1998 Rome Conference that
wrote the Statute of the International Criminal Court.
23
Majul, Cesar A. The Political and Constitutional Ideas of the Philippine Revolution. (1967),pp.142–45
24
Ibid.
 P a g e | 17

or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for

the use, benefit, or support of any sect, church, denomination, sectarian institution, or

system of religion, or for the use, benefit or support of any priest, preacher, minister, or

other religious teachers or dignitary as such.

An Independent Republic (1946-present). There have been three constitutions

that have governed the republic: the 1935 Constitution adopted under American tutelage

and under which the country gained independence from the United States; the 1973

Constitution adopted under Marcos‘s dictatorship; and the 1987 Constitution adopted under

Corazon Aquino and under the country is currently governed today. The constitutional

separation of church and state has been preserved under all these constitutions and is most

expansively expressed in the current Constitution of 1987.76

b. Current Constitutional Provisions

The Separation of Church25 and State shall be inviolable.26

-Art II. Section 6, 1987 Constitution

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 political rights. 27

25
The term “Church,” as used in the Constitution, covers all faiths.
26
De Leon, Hector S. Textbook on the Philippine Constitution (2008 Ed.). 84P. Florentino St., Quezon City:
Rex Printing Company, Inc., 2008.
27
Ibid.
 P a g e | 18

-Art. III, Section 5, 1987 Constitution

Religious denominations and sects shall not be registered (as a political party,

organization or coalition, by the Comelec)

-Art. IX, C, Section 2(5)

One-half of the seats allocated to the party-list representatives shall be filled, as

provided by law, by selection or election from labor, peasant, urban poor, indigenous

cultural communities, women, youth, and such other sectors as may be provided by law,

except the religious sector. -Art. VI, Section 5(2)

The constitutional guarantee of religious freedom is the right of a man to worship

God, and to entertain such religious views as appeal to his individual conscience, without

dictation or interference by any person or power, civil or ecclesiastical.28 It forbids

restriction by law or regulation of freedom of conscience and freedom to adhere to such

religious organization or form of worship as the individual may choose.

Everyone has the right to believe whatever he wishes. A state may not compel a

religious belief nor deny any person any right or privilege because his beliefs or lack of

them. It cannot inquire into the truth or validity of a religious doctrine. The theory is that a

religious belief by itself cannot in any degree affect public interest.

The Constitutional guarantee of the free exercise and enjoyment of religious

profession and worship carries with it to disseminate religious beliefs and information. The

right to believe and to worship would be incomplete without the constitutional right to share

28
Ibid.
 P a g e | 19

one‘s views with others and to seek to win them to one‘s faith, by giving analysis of contrary

views and by solicitation of financial assistance in carrying the truth to others. Any restraint

on the right to disseminate religious ideas and information can only be justified on the

ground that there is a clear and present danger of any substantive evil

(e.g. disruption of public peace) which the State has the right to prevent.

c. The Proper Church and State Relation

The issue of church and State relationship may be stated thus on a three-way

choice:

1. a Church dominated State

2. a State-dominated established Church

3. a typically disconnected but actually coordinated Church-State relationship

Although there is neutrality of government in religion, the impartiality of

government was applied to the various theistic sects, and not between theistic religions and

non-theistic creeds. For the government could generate an affirmative atmosphere of

hospitality toward religion so long as no substantial partiality was shown toward any

particular sect.

d. Confused Notion of “Separation”

The prohibition of an establishment of religion should not be based on ―complete

separation of Church and State,‖ the latter being merely a slogan that has become

misleading. As it is, the phrase ―complete separation of Church and State‖ does not have a
 P a g e | 20

precise meaning at all. Because of this it can be made to mean everything anybody wants,

to mean according to what his views are.

In the early period, ―separation‖ meant the opposite union of church and state,

though union had many meanings. Union may mean the identification of church and state

like the Jewish theocracy or the Holy Roman Empire. It may also mean coordination of and

cooperation between the church and the state as in the Holy Roman Empire and the Papacy

during the middle Ages, although this condition postulates the existence of two separate

entities, sovereign in their respective spheres. It may also mean a church established by the

state as in England. It may further mean the union arising from free contracts such as the

condortats between the Holy See and European and South American countries

Despite these principles the Philippine Constitution of 1987 has provided that the

―separation of church and state‖ shall be inviolable.29 There is indeed the unhappy choice

of the words of ―separation and union.‖ Instead the words used should have been

distinction and cooperation. On the other hand with the superfluous provision on

―separation of Church and State‖ it invites hostility or enmity instead of cooperation

between the church and state. Instead of promoting religion and making all religious

denominations cooperate with the state in activities for the welfare of the people the

provision might be interpreted to mean that the church and state are completely indifferent

to each other. The prohibition of an established religion does not necessarily mean the

recognition of religion by the state for the welfare of the community. For there cannot be

29
Article II, Section 6 of the 1987 Philippine Constitution
 P a g e | 21

union between the church and the state as they are distinct societies with different purposes,

one for the temporal happiness of man and the other for the promotion of spiritual ends. A

true separation is also impossible for the same people compose the two societies

simultaneously. However, both should cooperate for the good of the citizen who is a

member of both societies.30

If methodological investigation within every branch of learning is carried out in a

genuinely scientific manner and in accord with moral norms, it never truly conflicts with

faith.31

D. EXERCISE OF RELIGIOUS WORSHIP AND PROFESSION

The second portion of the constitutional provision on freedom of religion, reads: ―x

x x and the free exercise and enjoyment of religious professions and worship, without

discrimination or preference, shall forever be allowed.32

a. Police Power as Limitation to Religious Freedom

The enjoyment of the right of freedom in religious worship and profession has been to as a

qualified right. Although it has been said that it has a ―preferred position‖ in the group of

legal values, it is not absolute. Like other rights enumerated in the Bill of

30
Coquia, Jorge R. Church and State law and Relations in the Philippines: 163 Tandang Sora, Samson Road,
Caloocan City, 1974, pp.66-68.
31
Ibid.
32
Article III, Section 5 of the 1987 Philippine Constitution
 P a g e | 22

Rights,‖ it may be restricted because of consideration of public policy, safety and health.

No hard and fast restrictive rules, however, have been determined. Thus, laws enacted for

the purpose of restraining and punishing acts which have a tendency to the disturbance of

public order, or to the corruption of public morals, or to the perpetration of frauds, although

such acts may have been done in pursuance of an in conformity with what was believed at

the time to be a religious duty, may or may not be repugnant to the constitutional guarantee

of freedom of religious worship.

Civil liberties, as guaranteed by the Constitution, imply the existence of an organized

society maintaining public order without which liberty itself would be lost in the excesses

of unrestrained abuses. The authority of a municipality to impose regulations in order to

assure the safety and convenience of the people in the use of public highways has never

been regarded as inconsistent with civil liberties but rather as one of the means of

safeguarding the good order upon which they ultimately depend. The control of travel on

the streets… is the most familiar illustration of this recognition of social need. Where a

restriction of the use of highway in that relation is designed to promote the public

convenience in the interest of all, it cannot be disregarded by the attempted exercise of some

civil right which in other circumstances would be entitled to protection. One would not be

justified in ignoring the traffic red light because he thought it is his religious duty to disobey

the municipal command… The argument of freedom of worship is also beside the point.

No interference of religious worship or the practice of religion in any proper sense is shown

but only the exercise of local control over the use of streets for parades and processions.
 P a g e | 23

In fine, it does not follow from the constitutional guarantee that everything which anyone

may desire to include in his religion will be afforded protection by the state. Should such a

liberal construction be put upon the concept of religious freedom so as to permit a sect to

incorporate into its own statement of doctrine every tenet that perverted reason might

dictate, the very purpose of the constitutional protection would be circumvented.

a. Religion Used as Fraud and Misrepresentations

Laws enacted to prevent fraud have been sustained by courts even against

allegations that such acts complain of arc in the exercise of religious profession of worship.

Typical of these statutes are those prohibiting the practice of telling fortunes and predicting

the future, for remuneration33. In sustaining the guilt of spiritualists who prophesied the

future for remuneration, the courts held that ―This modern attempt to excuse violations of

lawful police regulations, enacted for the protection of the community by appeals of the

constitutional right of religious beliefs, does not find favor to the courts.‖

The Revised Penal Code of the Philippines similarly penalizes fraudulent acts or

false pretenses by pretending to possess a power, influence or qualification, property credit

or imaginary transactions or by means of other deceits. Under the same principles handed

down by the American Courts, such fraudulent acts if made in the alleged exercise of

religious beliefs or worship but actually due to deprive property or money may be punished

as estafa by the courts. Even if the representation made us to power and influence are not

within the realm of the probable, a defendant34 is still guilty of estafa. It appears that in this

33
The giving of payment for a service being done.
34
A Person or an accused party who is required to answer charges in the Court.
 P a g e | 24

case a defendant pretending to possess imaginary powers, succeeded in obtaining money

from complainant promising the latter that her business would improve after uttering with

her some prayers and exhortations.

E. USE OF PUBLIC FUNDS OR PROPERTIES FOR RELIGIOUS PURPOSES

a. Constitutional Prohibition

Complementing the non-establishment of religion clause of the Philippine

Constitution,35 Article VI, Section 29 (2) of the Philippine Constitution reads:

No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian

institution, or system of religion, or of any priest, preacher, minister, or other religious

teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is

assigned to the armed forces, or to any penal institution, or government orphanage or

leprosarium. (This article was taken from a provision of Jones Law on religious freedom).

The non-establishment clause of the Bill of Rights, interpreted empirically, should prohibit

only such support through State funds and/ or property over religion in such substantial

extent and amount as would establish and official religion. It does not necessarily follow

that expenditures of lesser or inconsequential amounts all together prohibited.

G. TAXATION OF RELIGIOUS PROPERTIES AND INCOME

35
Article II, Section 6 of the 1987 Philippine Constitution
 P a g e | 25

a. Historical Background of Tax Exemption in the Philippines

One of the most important limitations of the general power of the State to tax all

persons and properties is the exemption of church properties and income derived from

religious profession from taxation. This form of exemption however is not based primarily

on the theory that the Church is a perfect society, sovereign in itself. Rather, it is based on

the policy of the state to encourage religion for public welfare.

The practice of granting said tax exemptions can be traced back to antiquity. There

have been instances of the government favoring the established clergy. In the fourth century

Constantine the Great after his conversion gave the Church this privilege. In the United

States, the Church had a status of an established public institution considered as an agency

of the state; it was considered financially unsound for the State to tax its own agency. In

fact the English colonies exempted their established churches under the doctrine that

property ceased to be under human control when it was devoted to God.

Even during the American sovereignty in the Philippines, the religious properties

were exempted from tax burdens. However, said tax exemption was not granted by law on

the same basis granted during the Spanish regime. The exemption was granted as in the

several states in the Unites States, on the hypothesis that religious organizations give

benefits to society. Thus, the several organics acts passed by congress of the United States

foe the Philippines carried provisions expressly exempting such religious properties from

taxation.
 P a g e | 26

Following the same reasoning in granting of tax exemption in the earlier statutes

under the American Government, the Constitution of the Philippine also provide the same.

b. Divorce, Legal Separation, and Annulment in the Philippines

Like most Filipino culture, the institution of marriage in the Philippines was reformed

hundreds of years ago to the then-modern standards of Spanish Catholic Law. Indeed, in

Mark 10:9 Jesus states, therefore what God has joined together, let not man separate. As a

result, premarital chastity and lifelong-marriage took on increased importance in Filipino

culture, and while in much of the world society has retreated from these values, the Filipino

Catholic/Christian homogeneity has sustained their centrality.36

Consider this famous Filipino saying: Ang pag-aasawa ay hindi isang biro. Di tulad

ng kanin, iluluwa lang kapag napaso. This means that being in a marriage is never a joke;

it is a lifelong commitment. Anyone who enters a marriage should continue believing that

their relationship is always worthy of holding on to. No matter what the circumstances and

obstacles are, letting go of one‘s marriage should never be an option.

A struggling couple should exhaust all options attempting to maintain and reinvent their

bond, because every marriage is worth fighting for.37

36
“Divorce, Annulment, and Separation in the Philippines” (Posted 24 Jan. 2013). Retrieved 12 Sep. 2013
<http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-andanswers/>.
37
Ibid.
 P a g e | 27

These Filipino and Catholic principles are the primary reasons that divorce is one of

the most controversial and sensitive topics discussed in the Philippines. Currently, there are

no laws allowing divorce in the Philippines because legislation of any law regarding divorce

has greatly been disapproved by the Filipino community. While the Philippine Congress

had been trying to pass divorce bills for the past 10 years, it remains impossible to dissolve

a marriage via this avenue.38

However, while the Philippine laws do not allow divorce, the Family Code of the

Philippines allows Annulment and Legal Separation for unworkable marriages.39

38
Ibid.
39
Grounds of Annulments: 1. Lack of parental consent in certain cases. If a party is 18 years or over, but
below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the
marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived
together as husband and wife. 2. Insanity. A marriage may be annulled if, at the time of marriage, either
party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as
husband and wife. 3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime
involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD,
regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other
misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as
will give grounds for action for the annulment of marriage. 4. Force, intimidation or undue influence. If the
consent of either party was obtained by any of these means, except in cases wherein the force, intimidation
or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with
the other as husband and wife. 5. Impotence. At the time of marriage, either party was physically incapable
of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
Impotence is different from being infertile. 6. STD. If, at the time of marriage, either party was afflicted with
a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or
is curable, it may still constitute fraud (see No. 3 above). Grounds of Legal Separation: 1. Repeated physical
violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the
petitioner. 2. Physical violence or moral
 P a g e | 28

Differences between Divorce, Annulment, and Legal Separation

Divorce is a court order saying that a man and woman are ―NO LONGER‖ husband

and a wife. Annulment108 is a judicial statement that ―THERE NEVER WAS A

MARRIAGE‖ between the man and the woman. It is the cancellation of marriage as if it

never happened. This cancellation is done by the court invalidating the marriage from the

date of its formation (retroactive application). Example grounds for annulment: absence of

parental consent, mental illness, fraud, lack of consent, and certain diseases.

Legal separation is a decree that gives the husband and wife the right to live separately

from each other. Through this decree, the conjugal partnership of properties or the absolute

community of properties is dissolved. However, the man and woman are still considered

married. They may not remarry.40 Legal Separation or relative divorce is a judicial decree

allowing married couples from living separately from bed and board. Compared to

Declaration of Nullity of Marriage and Annulment of Marriage, not too many petitions for

legal separation are filed in court. This is probably because legal separation does not have

the effect of severing the marital bond and thus, none of the parties may enter into another

marriage.41

F. ROLES OF CHURCH IN THE PHILIPPINE ECONOMIC AND POLITICAL LIFE

40
Ibid
41
“Legal Separation in the Philippines” (Posted 7 Dec. 2012). Retrieved 12 Sep.2013<http://do
mingolaw.com/legal-separation-in-the-philippines/>.
 P a g e | 29

In a modern, secular, and democratic state, specifically the type of pluralize

democracy that encourages political participation of many groups, the Churches and

religious groups find latitude for political involvement under the principle of separation of

church and state, as one of the many contending groups, religious groups can participate in

the democratic hallmarks of elections, interest group formation and interest articulation, and

policy making. 42

Studies have since examined the political impact of religions, churches, and

religious groups and movements, particularly in postcolonial Asia, Africa, Latin America,

as these relate to ideology, elections, political parties, independence movements,

revolutions, regime change, modernization, and socio economic-political development.43

In the case of the Philippines, these concepts and assertions find empirical validity. The

political currency and social roles of religion, churches, and religious groups can be situated

in the Philippines‘ colonial history and postcolonial politics of nation building, democracy,

and development.

a. The Clergy and Business

The Church hierarchy in the Philippines is historically tied up to social and economic

elites. The Catholic Church came to the shores of the country with the conquistadores, who

no sooner divided up the entire archipelago in the name of the Crown and gave landed

estates to the friar orders and the church hierarchy. Indeed, the first project of the

42
Encarnacion Tadem, Teresa S. and Morada, Noel M. (Editors). Philippine Politics and Governance:
Challenges to Democratization and Development. “Religion, Church, and Politics in the Philippines” by Ma.
Lourdes G. Genato Rebullida. Department of Political Science, College of Social Sciences and Philosophy,
University of the Philippines, Diliman, Quezon City: COR INC., 2006, pp. 66-67.
43
Bellah, Robert. Religion and Progress in Modern Asia. New York: Free Press, 1965, pp32-36.
 P a g e | 30

independent Republic was to confiscate the friar lands. Until today, the Church itself

remains an economic actor, with landed and financial interests of its own.44

This was early acknowledged by the American colonialists upon their arrival in the

Philippines, and they recognized not just the vastness of the friar estates - and what this

means in a land-based agrarian economy - but as well the political difficulties that arise

when, despite the ascendancy of the anti-monastic underpinnings of the incipient

revolutionary movement, the friars remain entrenched economically in their proprietary

capacity. 45

The influential Roman Catholic Church in the Philippines, locked in battle with the

government over the issues of human rights and poverty in the country, has found an ally

in another powerful group - the private business sector.46

b. Clergy in Politics

44
Pangalangan, Raul C. “Translated Constitutionalism: The Philippine Debate on the Secular State and the
Rule of Law.” PHILIPPINE LAW JOURNAL. Vol. 28 (2005): p.5. Retrieved 24 Aug. 2013. <http://
plj.upd.edu.ph/wpcontent/uploads/plj/PLJ%20volume%2082/PLJ%20volume%2082%20number%203/PLJ
%20volume%2082%20number%203%20-01-%20Raul%20C.%20Pangalangan%20%20Transplanted%20
Constitutiona lism.pdf>.
45
Ibid.
46
“Philippine Church Woos Business Leaders in Contest With Marcos.” The Christian Science Monitor.
Retrieved 2 Sep. 2013 <http://www.csmonitor.com/1983/0325/032558.html/%28page %29/2>.
 P a g e | 31

Religious groups around the country have recently become more aggressive in playing

politics, apparently to preserve their influence, if not their relevance, in society. Catholic

Church leaders, Protestant pastors, and emerging faith-based organizations have become

crucial players in politics, some even trying to harness their ―authority‖ in exchange for

material or political favors.4748

1. Church in Elections
The force of religion and church influence continue to take place in elections and in the

processes of interest articulation and policy advocacy. In the electoral processes from 1946

until the 2004 elections, especially during national elections, the churches have been

observed to continue setting voting guidelines for its members.49

Iglesia Ni Cristo (INC) members are noted for the Bloc Voting System in Philippine

elections. Ever since former Philippine president Manuel L. Quezon created a lasting

friendship after asking Felix Manalo for advice, the INC has been known for its strong

political influence. Not all candidates in Philippine politics however embraced support

from INC. Diosdado Macapagal has refused INC's support during his runs for Vice

President in 1957, and re-election for President in 1965 – in which he lost to

Ferdinand Marcos. In the 1969 presidential election, INC supported Senator Sergio

47
“Church Groups Play Politics to Maintain Relevance.” (Posted 11 May 2013). Retrieved 2 Sep.
48
<http://philippines.ucanews.com/2013/05/11/church-groups-play-politics-to-maintain-relevance/>.

49
Encarnacion Tadem, Teresa S. and Morada, Noel M. (Editors). Philippine Politics and Governance:
Challenges to Democratization and Development. “Religion, Church, and Politics in the Philippines” by Ma.
Lourdes G. Genato Rebullida. Department of Political Science, College of Social Sciences and Philosophy,
University of the Philippines, Diliman, Quezon City: COR INC., 2006, pp. 80.
 P a g e | 32

Osmeña Jr. earlier in the campaign but has swung behind Marcos who won the election.

The INC supported Ferdinand E. Marcos until he was ousted in 1986.

A look at Iglesia ni Cristo‘s senatorial endorsements the past five election cycles shows

that they have a knack for siding with the winners.

Proposed Reproductive Health Act of 2004

House Bill 3773 or the proposed Responsible Parenthood and Population Management

Act aims to prevent abortions, recognizing that unplanned and unwanted pregnancies are

the main cause of abortions, and that global data have shown that abortion rates are lowest

in countries where family planning information is most widely accessible. It places the

Philippine Catholic Church hierarchy in a bind. Church doctrine bans abortions (as does the

Revised Penal Code), and yet the clergy opposes a concrete measure that will demonstrably

prevent that painful act of desperation. In the heat of the ensuing debate, one clause in

particular has drawn fire. The bill punishes "health care service providers"-doctors, nurses

and health officials-who withhold information about family planning methods or who refuse

to perform "voluntary sterilization and ligation" on patients of legal age.

The bill thus includes a "conscientious objector" clause: a health professional may

validly refuse to perform what for him are irreligious acts, except in medical emergencies

where, say, the patient's life is in jeopardy. The Philippine bill reflects a liberal position and

recognizes conscientious objectors based broadly on "ethical and religious grounds."

Indeed, the bill does not require the health officer to perform any substitute service, merely

to "immediately refer" the patient to another, easily accessible health professional. Health
 P a g e | 33

officers may claim the conscientious objector exception if they "refuse to extend quality

health care services and information." This protects doctors and nurses who claim

conscientious objector status should they refuse to perform certain medical procedures

contrary to their faith. This cannot be imagined though how this same privilege can be

invoked by health officers who refuse to even tell couples all the medically available

options. It is a deliberate breach of professional duty to withhold or distort medical

information about family planning, and to pick and choose which method to discuss on the

basis not of science but religion.

3. Responsible Parenthood and Reproductive Health Act of 2012

The Responsible Parenthood and Reproductive Health Act of 2012 (Republic Act

No. 10354), informally known as the Reproductive Health Law, is a law in the Philippines

which guarantees universal access to methods of contraception, fertility control, sexual

education, and maternal care. Passage of the legislation was highly divisive and

controversial, with experts, academics, religious institutions, and major political figures

declaring their support or opposition while it was pending in the legislature, often criticizing

the government and each other in the process. Debates and rallies both supporting and

opposing the "RH Law," as it was known, happened nationwide.

The Catholic Church has emphasized that the rejection of the RH bill is not about a Roman

Catholic verdict but a reflection of the ―fundamental ideals and aspirations of the Filipino

people.‖50 The Church‘s position is anchored on her disagreement with the proposal's anti-

50
Sison, Jose C. February 4, 2011. Reaching Another Crossroad. A Law Each Day (Keeps Trouble Away). The
Philippine Star. <Http://www.philstar.com/Article.aspx?articleId=654222&publicationSubCategoryId =64>.
 P a g e | 34

life stance and problematic attitudes towards issues that affect religious expression.

Christianity insists that artificial birth control methods are offensive to life because these

tend to suppress the formation of life, particularly in the womb of the mother. In traditional

Catholic positions, devices or means that directly hinder the development of life is offensive

to life—hence, immoral. In reproductive health language, abortion cases reflect ―unmet

needs for contraception‖ which, if used, could have prevented unwanted pregnancies. While

the RH framework identifies contraception as a necessary solution in the equation, the

Church finds it problematic. It is in this perspective that the fundamental proposals in the

bill are deemed immoral. The Church has gathered its forces to show its resistance to the

proposal. The resistance has reverberated in many local churches in different parts of the

archipelago. The local resistance offered by the Roman Catholic Church is now shared by

the evangelical churches, and Islamic believers. These church communities in the country

have used every means possible to disarm the threat provided by this proposal.51

The new president of the Catholic Bishops‘ Conference of the Philippines pledged

to fight the Responsible Parenthood and Reproductive Health Act of 2012, which mandates

government promotion of contraception and the implementation of sex education beginning

in fifth grade.127 The Episcopal Commission on Family and Life (ECFL) of the Catholic

Bishops' Conference of the Philippines has organised a prayer vigil for also to coincide with

the Supreme Court hearing over the controversial Reproductive Health Law. Father Melvin

51
Baring, Rito V. “Reproductive Health Bill in the Philippines: Sources of Conflict between the Church and its
Opponents.” Social Development Research Center Occasional Paper Series No.1 2012-A: De La Salle
University. Retrieved 24 Aug. 2013 <http://www.dlsu.edu.ph/research/centers/sdrc/pdf/sdrc12 13t3-
no12012A.pdf>. RITO V. BARING is an Associate Professor of the Theology and Religious Education
Department (TRED) of the DLSU College of Liberal Arts. He has contributed to International Studies in
 P a g e | 35

Castro, ECFL executive secretary, made the announcement during an interview on Church-

run Radio Veritas in which he explained the reasons behind the gathering. Catholics, he

said, hope to see the justices declare the Responsible Parenthood and Reproductive Health

Act (Republic Act No. 10354), better known as the Reproductive Health (RH) Law, as

unconstitutional.128

The Philippines has the highest teen pregnancy rate in Southeast Asia. About

5,300 mothers die from child birth every year, according to government figures. Catholic

bishops have opposed implementation of the RH Law because they say that it allows the

use of artificial contraceptives and supports abortion. Bishop Gabriel Reyes, chairman of

the Episcopal Commission on Family and Life, has said that Church leaders continue to

Catholic Education, Religious Education Journal and the South and Southeast Asian Association for the
Study of Culture and Religion (SSEASR) Journal, and has been peer reviewer for the Journal of Youth Studies
published by Routledge, Taylor & Francis in the United Kingdom. Previously Program Director of the DLSU
Manila Catechetical Center and Chair of TRED, Dr. Baring's areas of specialization are in Religious and Values
Education and in Theology. He will be the lead convenor in the First National Conference in Catechesis and
Religious Education to be hosted by DLSU in April 2012.
5. Church against the 2013 Philippine Pork Barrel Issue

Pork barrel is the appropriation of government spending for localized projects

secured solely or primarily to bring money to a representative's district. Filipino legislators

are allocated large sums of the annual national budget (200 million pesos for each senator

and 70 million for each representative) in a program called the Priority Development

Assistance Fund.
 P a g e | 36

―Pork barrel‖ scam issue sparks online outrage and flak in the Philippines and Janet Lim-

Napoles now centered on controversy is the alleged 'brain' behind the P10billion scam or

mis-use of Priority Development Assistance Fund (PDAF) by some lawmakers and the

P900-million Malampaya Fund issues. Napoles and her brother, Reynald Lim now faced

charges of serious illegal detention of Benhur Luy, the so-called primary whistleblower of

the scam issue. Since the controversy surrounding the alleged P10-billion pork barrel scam

broke out, there has been a torrent of articles and photos that have linked the now fugitive

Janet Lim-Napoles to several legislators. Most of the articles—which first came out in the

Philippine Daily Inquirer—allege that Napoles put up a number of non-government

organizations or NGOs that accept financial allocations from certain legislators‘ Priority

Development Assistance Fund (PDAF) for projects. The NGOs turned out to be fake, with

Napoles and the legislators themselves said to have

pocketed the money.

Thousands of Filipinos spent National Heroes‘ Day (August 26) in various parks in

the country to call for the scrapping of a corruption-tainted development fund that allows

lawmakers to allocate government money for projects in their districts.52

Protesters are coming from multi-sectoral groups of the different areas in the

country. Business, religious and non-government organizations also gathered to express

disappointment with how national government is handling the controversy. Present were

52
“Filipinos Protest Pork Barrel” (Posted 26 Aug. 2013). Sunstar. Retrieved 15 Sep. 2013 <http://www
.sunstar. com.ph/breaking-news/2013/08/26/filipinos-protest-pork-barrel-299803>.
 P a g e | 37

religious and business groups such as the UCCP and Protestant Churches, as well as nuns

from the Diocese of Baguio.53

In Pampanga, Auxiliary Bishop Pablo David led the church leaders and people in

voicing out their cry against pork barrel and all forms of corruption in government. The

bishop celebrated a Mass at the Holy Rosary Parish, which was attended by hundreds, to

oppose the latest controversies involving the government. ―This is just the tip of the

iceberg,‖ said David. The groups who converged in front of the Church included Roman

Catholic organizations, sectoral and civic organizations, among others. The church initiated

the mass action, in cooperation with the Alliance for the Development of Central

Luzon (ADCL) and Subli Taya Ing Upaya, Bie at Leguan Ning Indung Kapampangan

(Subli).54

The same protest happened in Bacolod City, where around 2,000 rallyists and

participants from all walks of life -- elite, civil society, religious, business, transport,

professionals, and students – gathered at the Negros Occidental Capitol Lagoon and signed

a manifesto calling for the scrapping of the whole PDAF system. Archbishop of Manila

Cardinal Luis Antonio Tagle, speaking to the cheering crowd, urged all to show that the

Filipino is honorable, to support policies that offer a way to heroism and to feel the heartbeat

of the nation and the sufferings of the poor. "Let us also listen to the voice of God, especially

in our conscience," Tagle added. "Lumambot nawa ang mga pusong nagmamatigas.

53
Ibid.
54
Ibid.
 P a g e | 38

Mabuksan nawa ang mga matang nabubulagan. Maging payak nawa ang nalulong sa

karanyaan. Makipagkapwa tao nawa ang nahuhumaling sa sarili. Marinig nawa namin ang

hikbi ng mahihirap," said Tagle.55

Activist nun Mary John Mananzan demanded not only the prosecution of Napoles

and his brother but also the lawmakers who benefited from the PDAF scam. "I hope there

will be a continued demand for the abolition not only of the PDAF but all pork barrel that

means both congressional and presidential," Mananzan told Sun.Star. She said the PDAF

scam is the "worst scam" since the Martial Law government of former President Ferdinand

Marcos, which spurred the first Edsa Revolution or the People Power. The nun added that

members of Congress should go back to their basic job, which is enacting laws.56

In yet another mass gathering that calls for the abolition of the widely denounced

pork barrel system, a Catholic priest urged Filipinos to be more vigilant in their day-today

living to effectively guard the nation against cases of political corruption. EDSA Shrine

Rector Fr. Nilo Mangussad said a special kind of vigilance must be practiced by the faithful

to keep a close watch and continuous attention on matters that hound the nation. ―When

we say vigilance, it is not being reactive, but rather proactive. As children of God, we are

supposed to be proactive in our lives,” he said in his homily during the ―Edsa Tayo‖

interfaith vigil. Mangussad added that being proactive does not only pertain to one‘s

activeness to participate, rather it means understanding an issue deeply and initiating

55
Ibid.
56
Ibid.
 P a g e | 39

necessary actions to address it. “Vigilance is not only keeping watch. It is also paying

careful attention. It is not simply snooping, but it is a means for orientation and

understanding. It is not a means to get even, but a means of enlightenment,‖ he said. The

priest reminded the faithful to anchor their proactive leaning to the Divine so they will not

be easily swayed by the manipulation of others. 135

In this recent issue on pork barrel, we see that a group of clergy and religious sisters

joined the strengthening public clamor to abolish lump sum appropriations in government

finances, noting that the widely contested pork barrel scheme has just contributed to the

unabated flourishing of dynastic and patronage politics in the government.

135
“Pork Protesters Urged to Maintained Proactive Vigilance” (Posted 13 Sep. 2013). Retrieved 15 Sep.
2013 <http://www.cbcpnews.com/cbcpnews/?p=22470>.

Chapter III

CONCLUSION, IMPLICATION, AND RECOMMENDATION

Thus in the Philippines, the accomplishment of the ends of both the Church and the

State is guaranteed by their being endowed with the necessary power and authority. As

perfect and distinct societies, both have distinct juridical organizations, exercising the three

fold functions of legislation, judicial application and execution. However, although

independent these two societies are of each other, we still see the necessary connections

exist between them for the obvious reason that the member of the Church, is at the same

time, also a member of the state. By reason of this necessary connection, each society, since
 P a g e | 40

time immemorial, has been claiming exclusive jurisdiction on various matters, producing

conflicts therefore with each other.

Another bit of idea that we can infer in our study is the notion that men and women

of faith do not mean that they have no business in politics. Though it is hardly a secret to

our political leaders because they were man and a woman of deep silence, but still through

their personal writings, public statements, church involvements, and the testimonies of their

families reveal their lifelong commitment to religious aspects. They were not alone in their

faith because again, the majority of our nation‘s founders aligned themselves with these

religious sects and leaders just to win the favor of the Filipino people. Our constitution

clearly defined the separation clause of Church and State but in practice, Churches in the

Philippines still exert considerable influence on Filipino politics and public opinion. This

arrangement is a vestige of the Spanish-era “frialocracy,” where clergymen had varying

degrees of temporal power and control over the secular economy.

Our study led us also to conclude that religion and church are formidable

sociocultural and political forces in the Philippine society and politics with a history of

influence and participation in the processes of the state formation, democracy, and

development in the country. As belief system, the religions of Islam, Catholicism, and

Protestantism have shaped Philippine culture and the personal lives of their believers. Their

respective churches, religious groups and religious movements, into which the believers

have been organized, assumed political significance as their numbers, leadership, resources,

and political orientations affected political processes in different ways and at certain points

in the Philippines.
 P a g e | 41

Islam and Islamic religious organizations are strategically vital in light of the peace

processes, socioeconomic development in Muslim Mindanao, political stability of the state,

and democratic processes. As the study had pointed out, the reinterpretation of Islam and

the Islamic state in light of its compatibility with democracy is done not only in Mindanao

but in other Muslim areas of the world. The Muslim spiritual leaders and Muslim social

structures and institutions such as madrasah schools and the Shari‘ah courts are vital

instruments for the political socialization of the Muslims or Bangsamoro into the

mainstream of the Philippine state and democracy.

Religion therefore has proven to be one vital element in Philippine politics along

the historical timeline of nation building, state formation and constitutionalism, and the

functioning of the democratic ideology of the political system. As a system of beliefs, it

provided the frame of reference for the political behavior of those who believe and,

comparatively, of those who do not believe or simply pay lip service to its norms and values.

We also come up an implications that the continuing power of religious

endorsements - and conversely, the hostage-like power of clergy over aspiring politicos -

shows the core dilemma of separation doctrine in the Philippines, namely, that it operates

in a democracy governed by the rule of the majority where the majority are Roman Catholic.

Epistemologically, to bring the "constitution back to the actual human being, the actual

people‖ will also bring it perilously close to native shamanic impulses that cheapen the faith

and degrade our politics. Politically, to read the "non- Establishment" clause as requiring

absolute neutrality among competing faiths is to ignore that they do not compete on a level

playing field, and that, to use another metaphor, the dice is loaded.
 P a g e | 42

We live in a democracy rather than a theocracy and this is for a good reason. State-

sanctioned churches become puppets of the government. Under such circumstances, the

edicts of fallible man take precedence over the inspired teachings of Scripture. When the

state heads the church, the integrity of the gospel is all too easily compromised. Likewise,

civil servants living on peso taxes are unfit for serving as pastors, for their loyalties are

divided between the one who calls them and the other who feeds them. Such compromises

do not belong in the pulpit. Let the government build roads, and let Christ build his Church

for this is the right thing to do and a way to observe the fundamental law.

Furthermore, this study suggests that the people unless learn how to vote wisely should

elect a politician who is not made into an instrument of any religious group. Yes, they have

the right of religious liberty which they can use to side with the Church and its dictates, but

the elects should always remember that they are not voted alone by the members of a

specific religious organization, but a diversified people. So as an elect, they should be

responsible to everyone and obligate to no one. We do not elect public officials on the basis

of their baptism. But we do elect politicians on the basis that they vow to protect and defend

the citizens and uphold the Constitution. Our Constitution is where everyone, including

lawmakers, must devote all efforts and minds. If there is an apparent conflict between

conscience and national interest, then they should choose the predominant side they would

take and follow.

In addition to our recommendation, the Church may cooperate in social action

programs of the State that are genuinely concerned in the common good of the people.
 P a g e | 43

For politics is understood in its broadest sense, that is, the community‘s pursuit of the

common good. But if it is possible for the church to carry out its own independent program,

it may do so coordinating them with the government, as far as there is no danger of

compromising its principles and its customary action. While cooperating with the state, the

church retains its untrammeled right to speak out in prophetic wisdoms against any form of

injustice or violation of the moral and in the social, political, and economic order. In other

words the church may act if the conduct of government is for the common good and

correspond to the morality of the public.

In like manner, to protect and promote the inviolable rights of man, the government

should help create conditions favorable to the fostering of religious life, in order that the

people may be truly enable to exercise their religious rights and fulfill their religious duties.

Thus, society itself may profit by the moral qualities of justice and peace as a result of man‘s

faithfulness to God. No discrimination, no prejudice and no unfairness.

 P a g e | 44

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