Separation of church and state in the Philippines
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Freedom of religion in the Philippines is guaranteed by the
Constitution of the Philippines The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippin ...
.


Background

The 1987
Constitution of the Philippines The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippin ...
declares: ''The separation of Church and State shall be inviolable.'' (Article II, Section 6), and, ''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 civil or political rights.'' (Article III, Section 5)..... The
Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on J ...
, ruling in 2003 and 2006 in the landmark case of ''Estrada vs. Escritor'', established the doctrine of benevolent neutrality-accommodation. The 2006 ruling, penned by former Chief Justice
Puno Puno (Aymara and qu, Punu) is a city in southeastern Peru, located on the shore of Lake Titicaca. It is the capital city of the Puno Region and the Puno Province with a population of approximately 140,839 (2015 estimate). The city was establ ...
, explained benevolent-neutrality in the context of U.S. jurisprudence as follows: The ruling went on to cite a U.S. Supreme Court decision which had held that if prohibiting the exercise of religion is merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended. Though concurring in the decision, Justice O'Connor dissented strongly from the rationale, arguing that a compelling state interest test should have been applied. Echoing Justice O'Connor's point from the U.S. case, the ruling in ''Estrada vs. Escritor'' went on to quote her as having said that strict scrutiny is appropriate for free exercise challenges because ''“ e compelling interest test reflects the First Amendment’s mandate of preserving religious liberty to the fullest extent possible in a pluralistic society.'' The ruling then declared ''Underlying the compelling state interest test is the notion that free exercise is a fundamental right and that laws burdening it should be subject to strict scrutiny'', and summarized a three-part compelling state interest test by quoting
Michael W. McConnell Michael William McConnell (born May 18, 1955) is an American constitutional law scholar who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. Since 2009, McConnell has been a ...
as follows: The ruling noted that the then-current prevailing view under U.S. law is that there are no required accommodation under the First Amendment, although it permits of legislative accommodations. Considering Philippine jurisprudence, though, the ruling said: These landmark decisions in ''Estrada vs. Escritor'' established that benevolent neutrality-accommodation is the framework by which free exercise cases must be decided in the Philippines. This amounts to a requirement that any law which conflicts with a violator's sincerely held religious beliefs must pass a
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
test in order to be enforceable.


History

By passing through the numerous phases of colonial occupation, the relationship between religion and government in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
has repeatedly changed. The country had close ties between the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
and the government during the
Spanish colonial period Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain ** Spanish language, spoken in Spain and many Latin American countries ** Spanish cuisine Other places * Spanish, Ontario, C ...
from 1565 to 1898. The American concept of
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular s ...
was introduced during the American colonial period in the Philippine Constitution of 1899 and remains a part of the Philippine constitution today.


Spanish Period

Beginning with the Catholization of most of the Philippines in the 16th century, political power was shared by the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
and the Spanish civil authorities. The Filipino
Jesuit , image = Ihs-logo.svg , image_size = 175px , caption = ChristogramOfficial seal of the Jesuits , abbreviation = SJ , nickname = Jesuits , formation = , founders ...
historian
Horacio de la Costa Horacio Villamayor de la Costa (May 9, 1916 – March 20, 1977) was the first Filipino Provincial Superior of the Society of Jesus in the Philippines, and a recognized authority in Philippine and Asian culture and history. A writer, scholar, and ...
mentions that the rules governing the cooperation of the two entities was set in the ''Patronato Real de las Indias'', a combination of law and jurisprudence that governed the delicate relationship of the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...
and the Spanish monarchy regarding colonial affairs. In the agreements, the Catholic clergy gave the Spanish monarchy the ''responsibility of promoting, maintaining, and defending Catholicism in... all Spanish dominions overseas'' (1). In return, the Spanish were permitted to exercise numerous rights to autonomously govern the colonial Catholic Church virtually independent of Roman jurisdiction. On the other hand,
Teodoro Agoncillo Teodoro Andal Agoncillo (November 9, 1912 – January 14, 1985) was a prominent 20th-century Filipino historian. He and his contemporary Renato Constantino were among the first Filipino historians renowned for promoting a distinctly nationali ...
, a Filipino historian from the
University of the Philippines The University of the Philippines (UP; fil, Pamantasan ng Pilipinas Unibersidad ng Pilipinas) is a state university system in the Philippines. It is the country's national university, as mandated by Republic Act No. 9500 (UP Charter of 20 ...
, mentions that the collaboration enabled the Spanish to readily subjugate the ''
Indio Indio may refer to: Places * Indio, Bovey Tracey, an historic estate in Devon, England * Indio, California, a city in Riverside County, California, United States People with the name * Indio (musician), Canadian musician Gordon Peterson * Índi ...
s'' (natives of the Philippines) by a potent combination of secular and religious might. The successful Legazpi conquest of the Philippines in 1565 recognized the power of clergy by bringing along the Augustinian friar, navigator and priest Andrés de Urdaneta, to help control the natives. Other Spanish rulers acknowledged the importance of clergy. A Mexican
viceroy A viceroy () is an official who reigns over a polity in the name of and as the representative of the monarch of the territory. The term derives from the Latin prefix ''vice-'', meaning "in the place of" and the French word ''roy'', meaning " ...
(quoted in Agoncillo) said that ''in each friar in the Philippines, they had a captain and a whole army''. However, Church involvement had numerous ill effects, as anti-friar
Marcelo H. del Pilar Marcelo Hilario del Pilar y Gatmaitán (; ; August 30, 1850July 4, 1896), commonly known as Marcelo H. del Pilar and also known by his pen name Pláridel,.''Filipinos in History: Volume II'', National Historical Institute, 1990, p. 101 was a F ...
of the late 19th century complains: "... the
friar A friar is a member of one of the mendicant orders founded in the twelfth or thirteenth century; the term distinguishes the mendicants' itinerant apostolic character, exercised broadly under the jurisdiction of a superior general, from the ...
s control all the fundamental forces of society in the Philippines. They control the educational system, for they own the University of Santo Tomás, and are the local inspectors of every primary school. They control the minds of the people because in a dominantly Catholic country, the parish rectors can utilize the pulpit and
confessional A confessional is a box, cabinet, booth, or stall in which the priest in some Christian churches sits to hear the confessions of penitents. It is the usual venue for the sacrament in the Roman Catholic Church and the Lutheran Churches, but s ...
s to publicly or secretly influence the people." In-fighting continued and reached its peak when the
Gomburza Gomburza, alternatively stylized as GOMBURZA or GomBurZa, refers to three Filipino Catholic priests, Mariano Gomez, José Burgos, and Jacinto Zamora, who were executed by garrote on February 17, 1872, in Bagumbayan, Philippines by Spanish co ...
, a triad of priests composed of Mariano Gómez,
José Burgos José Apolonio Burgos y García was a Filipino Catholic priest, accused of mutiny by the Spanish colonial authorities in the Philippines in the 19th century. He was tried and executed in Manila along with two other clergymen, Mariano Gomez a ...
, and Jacinto Zamora, were executed by civil authorities in 1872 after being implicated in the failed Cavite Mutiny in that same year. Popular discontent ensued, leading to the Philippine Revolution some twenty years later. The Spanish were unable to cope with multiple uprisings since their limited military was overextended. Bereft of the civil protection, clerics were at their most vulnerable. Rather than accept change, numerous friars "handled the Mausers and Remingtons when the tide of battle was going against the colonial government". As the status quo was being changed, the ties between Church and State began to fall apart. Filipino nationalists in 1898 framed a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
for an independent Philippine republic. There were heated discussions on the provision on state and religion.
Felipe Calderón Felipe de Jesús Calderón Hinojosa (; born 18 August 1962) is a Mexican politician who served as the 63rd president of Mexico from 1 December 2006 to 30 November 2012 and Secretary of Energy during the presidency of Vicente Fox between 2003 ...
presented his draft proposal calling for Catholicism to be made the
state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...
. According to Jesuit historian John Schumacher, Calderón then attacked the position of
Apolinario Mabini Apolinario Mabini y Maranan (, July 23, 1864 – May 13, 1903) was a Filipino revolutionary leader, educator, lawyer, and statesman who served first as a legal and constitutional adviser to the Revolutionary Government, and then as the first ...
, who had insisted on the
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular s ...
. The Calderón proposal, however, was defeated by a single vote, and the provision was finally passed. The
Malolos Constitution The Political Constitution of 1899 ( es, Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as ...
thus stated in Article 5: :''The State recognizes the freedom and equality of all religions, as well as the separation of Church and State.''


American Period

Spain ceded the Philippines to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
in 1898. By the end of February 1902, American forces had defeated the Philippine forces seeking to establish an independent Philippine republic. The Philippine Organic Act of 1902 provided, among other things, "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." Historian Schumacher cites that
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
, the head of the
Second Philippine Commission The Taft Commission, also known as the Second Philippine Commission ( Filipino: ''Ikalawang Komisyon ng Pilipinas''), was established by United States President William McKinley on March 16, 1900, following the recommendations of the First Phili ...
and the first civil
Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
of the Philippine Islands, was very much aware of the need to defuse anti-friar feeling throughout the Islands. He requested the Spanish friars be given leave of their parish posts. Many of the friars left voluntarily, and were replaced by native Filipino priests in the lower ranks and American bishops comprising the episcopacy. Negotiations also began for the compulsory sale of vast Church holdings. Although the sale was affected by pressure from influential sectors like some bishops and certain delegates, it achieved Taft's goal of sequestering all lands owned by the Catholic Church, something that the ill-fated Philippine Republic had failed to achieve. After taking the land, Taft intended to redistribute the land. This not only reduced the financial position of the Catholic Church, but also diminished the influential clout it had during the
Spanish colonial period Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain ** Spanish language, spoken in Spain and many Latin American countries ** Spanish cuisine Other places * Spanish, Ontario, C ...
. American jurisprudence reintroduced separation of church and state, relying on the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
and the metaphor of
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
on the ''wall of separation... between church and state'' (10), but the Philippine experience has shown that this theoretical ''wall of separation'' has been crossed several times by secular authorities. Schumacher states that in 1906, the
Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on J ...
intervened in the issue of parish ownership by returning assets seized by the
Philippine Independent Church , native_name_lang = fil , icon = Logo of the Philippine Independent Church (Aglipayan Church).svg , icon_width = 80px , icon_alt = Coat of arms of the Philippine Independent Church , image ...
during the Revolution, while certain charitable organizations managed or influenced by the Catholic Church were either returned or sequestered.


Commonwealth Era

The provision of the 1935 charter on religion mimicked the
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
, but the sentences :''The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall be forever allowed. No religious test shall be required for the exercise of civil or political rights'' were appended and this section became the basis for the non-establishment of religion and
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
in the Philippines.


Post Colonial Era

With the guarantee of religious freedom in the Philippines, the Catholic clergy subsequently remained in the political background as a source of moral influence for many voters during elections until today. Political candidates generally court the clergy for support, although this does not guarantee victory for a candidate. The Philippines was placed under
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
by President
Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
and relations changed dramatically, as some bishops opposed the martial law.


Marcos Era

A new constitution was ratified in 1973 which included the separation of church and state clause, signaling a new development in the body of law on religious affairs. Joaquin Bernas, a Filipino Jesuit specializing in constitutional law, acknowledges that there were complex issues that were brought to court and numerous attempts to use the separation of Church and State against the Catholic Church, but he defends the statement, saying that ''the fact that he
arcos Arcos or ARCOS can refer to: Places Brazil * Arcos, Minas Gerais, in Brazil Portugal * Arcos de Valdevez, a municipality in the Viana do Castelo District * Arcos (Anadia), a civil parish in the municipality of Anadia * Arcos (Braga), a civil pa ...
tried to do it does not deny the validity of the separation of church and state''. Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws. Islamic law only applies to civil cases involving all Muslims nationwide. Cases are handled in the
Autonomous Region in Muslim Mindanao The Autonomous Region in Muslim Mindanao ( tl, Rehiyong Awtonomo ng Muslim Mindanao; ar, الحكم الذاتي الاقليمي لمسلمي مندناو ''Al-ḥukm adh-dhātī al-'iqlīmī li-muslimī Mindanāu''; abbreviated as ARMM) was ...
and a couple of Mindanao provinces that are not part of ARMM by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts. All other cases, including criminal ones, are dealt with by local civil courts. The Catholic Church was instrumental in winning support for
Corazon Aquino Maria Corazon "Cory" Sumulong Cojuangco-Aquino (; ; January 25, 1933 – August 1, 2009) was a Filipina politician who served as the 11th president of the Philippines from 1986 to 1992. She was the most prominent figure of the 1986 People ...
who replaced Marcos as president with Cardinal Sin calling for support. Aquino then initiated a new constitutional commission to frame a new charter again for the country. It is noted that Roman Catholic religious and clergy like Christine Tan, R.G.S., a nun, Joaquin Bernas, S.J., and Bishop Teodoro C. Bacani became part of the 1986 Constitutional Commission and left their mark on the promulgation of the charter and its numerous provisions on the Church and state.


Contemporary History

The CBCP was embroiled in a controversy in 2011 over millions of pesos in donations from the Philippine Charity Sweepstakes Office (PCSO) at the behest of then president
Gloria Macapagal Arroyo Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the House Deputy Speakers since 2022, and previously from 2016 to 2017. She previously ...
. According to a Commission on Audit report in 2009, some bishops received donations for the purchase of vehicles from the PCSO. Critics claim the donations was given to ensure Church support for Arroyo, who was then buffeted by scandals and repeated threats of impeachment. The bishops were summoned during the Senate Blue Ribbon Committee investigation on the anomalies within the PCSO, with the bishops returning the vehicles donated to them. Senator Teofisto Guingona, chairman of the committee, said that since the vehicles were used for secular purposes, the donation is not considered as a violation of the Constitution, but added that the issue was a "litmus test to the Constitution" since the Constitution prohibits favoring a particular religious organization.


See also

*
Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
*
Separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular s ...


Notes


References


Books

* * * * * * * * *


Journal articles

*


Further reading

* Church in Politics. Manila, 1992. *Cornelio, J.S. (2013). "Religious freedom in the Philippines: From legalities to lived experience". ''Review of Faith and International Affairs'' 11 (2): 36–45. http://www.tandfonline.com/doi/abs/10.1080/15570274.2013.808036 *


External links


An article by Horacio De La Costa S.J.
(archived fro

on 2002-04-02)
International Religious Freedom Reports
Released by U.S. Department of State {{DEFAULTSORT:Freedom Of Religion In The Philippines
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
* Human rights in the Philippines Religious controversies in the Philippines