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)