Islamic Dawah Council of the Philippines, Inc. v.

Office of the Executive

Secretary
(405 SCRA 497)
FACTS: The IDCP is a non-government corporation that operates under
DSWD and renders voluntary services to Filipinos especially in the muslim
community. It is also a member of a regional group RISEAP which accredited
IDCP to create halal in the Philippines, conduct seminars, orient the
manufacturers and issue halal certifications. The petitioner (IDCP-Islamic
Dawah Council of the Philippines Inc.) seek the Supreme Court to declare EO
46, s. 2001unconstitutional and also prays for the prohibition of the
respondents of the Office of the Secretary and OMA (Office on Muslim Affairs)
to implement such EO on the following grounds that
1. The EO vilolates the separation of church and state doctrineAccording to IDCP, they created policies for the halal certification
based on their Quran and Sunnah and that the product only
becomes halal after a religious ritual is performed.
The
respondents, being a government and not a religious entity could
not perform such religious act.
2. The EO violates sec 10 Article 3 of the 1987 Constitution-which
impaired their contracts with other parties because after the EO was
implemented and among the articles or letters that circulated
indicating food manufacturers would violate the EO if they do not
get the certification from the respondents, the parties where the
petitioners were in contract with stopped getting certifications from
them.
3. The EO violates
sec 15 and 16 of Article XIII of the 1987
Constitution
The respondents however claim that police power towers over freedom of
religion and that the act done by the respondent serves to protect public
health for the Filipino Muslim community and even non -muslims who
consume halal; The respondents also stated that the lack of a central
administrative body may pave way to for schemers in the market who may
certify products as halal even if they arent just for profit.
ISSUE: Whether or not EO 46 is unconstitutional
HELD: The Supreme Court declares the EO as null and void and also
prohibits the respondents to enforce it. The petition is granted.
Only when there is an imminent threat to the society or the Muslim
community can police power impede the exercise of religious freedom. The
respondents transgressed the free exercise of religion therefore it
encroached on the Muslims rights. With regards to the protection of the
Muslim community for safe consumption of halal and the protection from
deceitful or unscrupulous business practices, there are several governmental

agencies like the DOA, DOH and DTI which serve as regulatory bodies to
ensure and enforce policies for safe consumption of products, as well as
protect consumers from unfair business practices.