E/CN.4/1995/91/Add.1 page 86 PHILIPPINES 39. On 4 August 1994, the Permanent Mission of the Philippines to the United Nations Office at Geneva transmitted to the Special Rapporteur the following comments by the Department of Justice and the National Security Council, both dated 2 June 1994; the text of the comments is as follows: "A. Comments of the Department of Justice 1. No restrictions of any kind may be imposed upon man’s inner thoughts or moral consciousness or his attitude towards the universe or its creator. However, external manifestations of thought, conscience or religion may be subject to legitimate limitations. On this matter, the 1987 Constitution of the Philippines provides that: ’No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious beliefs and worship without discrimination or preference shall always be allowed. No religious test shall be required for the exercise of civil or political rights.’ (Sect. 5, art. 111). As aptly stated in the case of Gonzales vs. Central Azucarera de Tarlac Labor Union: ’Members of the Inglesia ni Kristo cannot be dismissed from employment by reason of their resignation from a labor union with a closed shop agreement with the company. The law granting such exemption on religious grounds is constitutional. To that all-embracing coverage of the closed shop agreement, Republic Act 3350 introduced an exception, when it added the following proviso: but such agreement shall not cover members of any religious sect which prohibits affiliation of their members in any such labor organization.’ (139 SCRA 30). In the case of German vs. Barangan, it was held that: ’Exercise of right to religious freedom must be done in good faith without any ulterior motive. While it is beyond debate that every citizen has the undeniable and inviolable right to religious freedom, the exercise thereof, and all of the fundamental rights for that matter, must be done in good faith. As article 19 of the Civil Code stipulates: "Every person must, in the exercise of the rights and in the performance of his duties ... observe honesty and good faith. Thus, freedom to translate religious belief into action may be curtailed only to the extent warranted by clear and present danger".’ (135 SCRA 514)

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