Ebralinag v.

Division Superintendent of Schools of Cebu

(219 SCRA 256)

FACTS: School authorities in Cebu expelled students who did not salute to
the flag and did not recite the National Anthem pursuant to RA 1265 which
makes the flag ceremony compulsory in all educational institutions. The
students who were expelled belonged in a religious group, Jehovas Witness,
wherein they believed that according to their bible, to salute any form of
symbol is a forbidden act by their god and that their non-compliance showed
devotion to their god. They also said that their non-compliance was not a
sign of disrespect to the flag or the country; and that their love for their
country is shown in many gestures such as being law abiding citizens, paying
their taxes and not inciting any anti-government acts. The respondents
contend that they have the responsibility to teach the students the values of
nationalism and patriotism which would shape them to be productive
members of the society. The respondents seeks reconsideration of the SCs
decision annulling the expulsion orders made by the school.

ISSUE: Whether or not the compulsory flag salute and the expulsion of the
children was unconstitutional.

HELD: Yes. It violates the Free Exercise Clause. It prohibits and denies the
children of their religious belief as well as their right to basic education.
.