Ebranilag: spirit of the law The petitioners who are minor students and a member of the Jehovas Witness

sect were expelled from their classes by the respondent

public school authorities in Cebu for refusing to salute the flag, sing the national anthem and recite the patriotic pledge. They consider the flag as an image or idol
representing the State. They think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on the State's power
and invades the sphere of the intellect and spirit, which the Constitution protects against official control. ISSUE: Whether school children who are members of a
religious sect known as Jehovah's Witnesses may be expelled from school (both public and private), for refusing, on account of their religious
beliefs, to take part in the flag ceremony which includes playing (by a band) or singing the Philippine national anthem, saluting the Philippine flag and reciting the
patriotic pledge HELD: Religious freedom is a fundamental right of highest priority. The 2 fold aspect of right to religious worship is: 1.)
Freedom to believe which is an absolute act within the realm of thought. 2.) Freedom to act on ones belief regulated and translated to external acts. The only
limitation to religious freedom is the existence of grave and present danger to public safety, morals, health and interests where State has right to prevent. The
expulsion of the petitioners from the school is not justified. Jehovahs Witnesses may be exempted from observing the flag ceremony but this right does not give
them the right to disrupt such ceremonies. In the case at bar, the Students expelled were only standing quietly during ceremonies. By observing the ceremonies
quietly, it doesnt present any danger so evil and imminent to justify their expulsion. What the petitioners request is exemption from flag ceremonies and not
exclusion from public Schools. The expulsion of the students by reason of their religious beliefs is also a violation of a citizens right to free education. The non-
observance of the flag ceremony does not totally constitute ignorance of patriotism and civic consciousness. Love for country and admiration for national heroes,
civic consciousness and form of government are part of the school curricula. Therefore, expulsion due to religious beliefs is unjustified.
Expulsion is ANNULLED

GERONA strict of the law RA 1265 is a law that makes a flag ceremony compulsory for schools. The implementing rule Department Order 8 says that the anthem
must be played while the flag is raised and everyone must salute the flag and no one is to do anything while the ceremony is being held. After which, everyone is to
recite the patriotic pledge. Geronas children attending the Buenavista Community School in Uson, Masbate refused to salute the flag, sing the anthem and recite the
pledge. They are Jehovah's Witnesses. They consider the flag to be an image in the context of what is prohibited in their religion and because of this they were
expelled from the school. Gerona wrote to Sec of Ed that their children be exempt from the law and just be allowed to remain silent and stand at attention. Sec. of Ed
denied the petition. Writ of preliminary injunction was petitioned and issued. ISSUE Whether or not the children of Gerona can violate Department Order 8 as it is
against the exercise of their freedom of religion HELD: Flag salute ceremony is secular and the Department Order is non-discriminatory therefore it is constitutional.
The freedom of belief is limitless and boundless but its exercise is not. If the belief clashes with law then the former must yield. Petitioners salute the flag during Boy
Scout activities. Their objection then rests on the singing of anthem and recitation of pledge. The pledge is judged to be completely secular. It does not even pledge
allegiance to the flag or to the Republic. The anthem is also secular. It talks about patriotism. It does not speak of resorting to force, military service, or duty to defend
the country. There was no compulsion involved in the enforcement of the flag salute. They were not criminally prosecuted under a penal sanction. If they chose not
to obey the salute regulation they merely lost the benefits of public education. Sustained the validity of a statute as implemented by the Department of
Education circular, which required grade school students to salute the flag, recite the pledge of allegiance and sing the national
anthem.