Constitutional Law 2 - page 11

FACTS: Appellant has been distributing and selling bibles and/or gospel portions thereof (except during the Japanese occupation) throughout the Philippines and translating the same into several Philippine dialects. The Acting City Treasurer of the City of Manila required the appellant, pursuant to Ordinance No. 2529, to secure the necessary Mayor’s permit and license fees, together with compromise covering the period from the 4th quarter of 1945 to the 2nd quarter of 1953. ISSUE(S): Whether or not the City Treasurer may impose permits and fees upon a religious organization before the latter may distribute and sell bibles and other religious literatures…

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FACTS: Several students, members of the Jehovah’s Witnesses, were expelled for disobedience of RA 1265 and DECS Order 8, series of 1955, by refusing to salute the flag, sing the national anthem and recite the patriotic pledge. These acts were considered to be “acts of worship” or “religious devotion” which they “cannot conscientiously give to anyone or anything except God.” ISSUE(S): Whether or not the expulsion of the students was constitutional. HELD: NO. Forcing a small religious group, through the iron hand of the law, to participate in a ceremony that violates their religious beliefs, will hardly be conducive to…

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FACTS: Petitioners, wearing yellow shirts, marched with raised clenched fist and shouts of anti-government sentiments on their way to a chapel which adjoins Malacanang Palace. They were stopped from getting the church and were told that any similar attempt to enter the church will likewise be prevented. ISSUE(S): Whether or not the prohibition on petitioners from worshiping and praying at the chapel violates their freedom to worship. HELD: NO. While it is beyond debate that every citizen has the undeniable and inviolable right to religious freedom, the exercise thereof, and of all fundamental rights for that matter, must be done…

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FACTS: A New York State law required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God. The law allowed students to absent themselves from this activity if they found it objectionable. A parent sued on behalf of his child, arguing that the law violated the Establishment Clause of the First Amendment, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment. ISSUE(S): Whether school-sponsored nondenominational prayer in public schools violates the non-establishment clause. HELD: YES. The provision allowing students to…

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FACTS: Petitioners, all officers of the Supreme Student Council of the Gregorio Araneta University Foundation, sought and were granted a permit to hold a meeting. At such gathering they manifested their opposition to the proposed merger of the Institute of Animal Science with the Institute of Agriculture. They marched and demonstrated outside the place indicated in the permit, disturbing the classes being held. They were later suspended for one academic year for holding an illegal assembly. ISSUE(S): Whether or not there was an infringement of the right to peaceable assembly and its cognate right of free speech in the disciplinary…

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FACTS: Petitioner Gregorio Aglipay, the head of Phil. Independent Church, filed a writ of prohibition against respondent Ruiz, the Director of Post, enjoining the latter from issuing and selling postage stamps commemorative of the 33rd Intl Eucharistic Congress organized by the Roman Catholic. The petitioner invokes that such issuance and selling, as authorized by Act 4052 by the Phil. Legislature, contemplates religious purpose – for the benefit of a particular sect or church. ISSUE(S): Whether or not the issuing and selling of such commemorative stamps violate the non-establishment clause. HELD: NO. The issuance of the postage stamps in question was…

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FACTS: The Secretary of the Department of Education, Culture and Sports (DECS) placed petitioners under preventive suspension in connection with a mass action staged by a number of public school teachers allegedly to dramatize their grievances against public school authorities. Civil Service Commission issued a resolution finding the petitioners guilty of conduct prejudicial to the best interest of the service and meted them a six-month suspension with automatic reinstatement in service but without payment of backwages. ISSUE(S): Whether or not employees in the public service may engage in strikes. HELD: NO. While the Constitution recognizes the right of government employees…

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FACTS: Apolonio Cabansag filed a complaint seeking the ejectment of Germiniana Fernandez from a parcel of land. He later wrote a letter to the Presidential Complaints and Action Commission (PCAC) regarding the delay in the disposition of his case before the CFI Pangasinan. The judge ordered Cabansag and his lawyers to show cause why he should not be held liable for contempt for sending such letter which tended to degrade the court in the eyes of the President (Magsaysay) and the people. After due hearing, the court rendered a decision finding Cabansag and his lawyers guilty of contempt and sentencing…

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FACTS: Petitioner, on behalf of Anti-Bases Coalition, sought a permit from the City of Manila to hold a peaceful march and rally but was denied by respondent mayor due to “persistent intelligence reports affirm[ing] the plans of subversive/criminal elements to infiltrate and/or disrupt any assembly or congregations where a large number of people is expected to attend.” The latter also suggested that “a permit may be issued for the rally if it is to be held at the Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured.” ISSUE(S):…

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FACTS: The Revised Election Code under RA 4880 was amended to include two new sections which prohibits the too early nomination of candidates and limiting the period of election campaign or partisan political activity. Petitioners alleges that RA 4880 is unconstitutional because its enforcement would prejudice basic rights, such as the freedom of speech, the freedom of assembly and the right to form associations or societies for purposes not contrary to law, guaranteed under the Constitution. ISSUE(S): Whether or not the freedom of expression may be limited. HELD: YES. Freedom of expression is not absolute. Two tests may supply an…

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