POSITION PAPER

I, JULIEBETH MADRIAL, of legal age, married, resident of Maramag Bukidnon, currently

employed at -------------- and an active believer and member of the Seventh-day Adventist
Church.

The members of Seventh-day Adventist Church believes in the strict adherence to the Ten
Commandments provided in the Bible. The fourth commandment provides,

“Remember the sabbath day to keep it holy, six days you shall do your labor and all
your work but the seventh day is sabbath day of the Lord your God. On it you shall not
do any work, neither you, nor your son, nor your daughter, nor your maidservant, nor
your manservant, nor your animals nor the aliens in your gates.”

Exodus 20: 8-10

Each believer of this church strongly believes that the Saturday which is the seventh day of the
week, reckoning it from Sunday which is the first day of the week, hence members of this church
rest from all their work and labor on the Saturday to attend church services. This is conviction
and belief of herein employee.

PHILIPPINE CONSTITUTION GUARANTEES FREEDOM OF RELIGION

No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The exercise and enjoyment of religious profession and worship, without
discrimination and preference, shall forever be allowed. No religious test shall be required for
the exercise of civil or political rights. (Section 5, Article III Philippine Constitution)

No less than the Constitution itself guarantees the freedom of religion. Part of the freedom of
expression is the freedom to believe and the freedom to act on ones belief. In the case of the
employee, they had the right to act based on their beliefs.

LABOR CODE GUARANTEES THE RIGHT TO HAVE AN OFF DUTY BASED ON RELIGIOUS
GROUNDS

The employer shall determine the weekly and schedule the weekly rest day of his employees
subject to collective bargaining agreement and to such rules and regulations as the Secretary
of Labor and Employment may provide. However, the employer shall respect the preference
of the employees as to the weekly rest days when such preference is based on religious
grounds. (Section b, Article 91 of the Labor Code)

As clearly provided in the above mentioned provision, it is clear that request or preference of
rest day of an employee shall be prioritized if based upon religious grounds. In the current
situation, the employee here requested for rest day on the Saturday of the week based on the
religious grounds that she is a member of the Seventh-day Adventist Church that strictly
adheres and believes that on Saturday, they shall go to rest and devote their time on religious
worship.

Thus, it is but in accordance with law that the herein employee requesting for her rest day on
the Saturday will be granted.
Denmark S. Valmores V. Dr. Cristina Achacoso G.R. No. 217453

In this case a Valmores is a member of Seventh-day Adventist Church