The purpose was not to avoid friction but by means of

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Unformatted text preview: . Escritor, A.M. No. P‐ 02‐1651, June 22, 2006) Q: What are the three kinds of accommodation that results from free exercise claim? A: Those which are: 1. Found to be constitutionally compelled, i.e. required by the Free Exercise Clause (mandatory), 2. Discretionary or legislative, i.e. not required by the Free Exercise Clause (permissive), 3. Prohibited by the religion clauses (prohibited). Note: Based on the foregoing, and after holding that the Philippine Constitution upholds the benevolent neutrality doctrine which allows for accommodation, the Court laid down the rule that in dealing with cases involving purely conduct based on religious belief, it shall adopt the strict‐compelling State interest test because it is most in line with the benevolent neutrality‐accommodation. Q: What is Mandatory Accommodation? A: This is based on the premise that when religious conscience conflicts with a government obligation or prohibition, the government sometimes may have to give way. This accommodation occurs when all three conditions of the compelling State interest test are met. Q: What is Permissive Accommodation? A: It means that the State may, but is not required to, accommodate religious interests. Q: What is Prohibited Accommodation? A: This results when the Court finds no basis for a mandatory accommodation, or it determines that the legislative accommodation runs afoul of the establishment or the free exercise clause. In this case, the Court finds that establishment concerns prevail over potential accommodation interests. Note: The purpose of accommodations is to remove a burden on, or facilitate the exercise of, a person’s or institution’s religions. SEPARATION OF POWERS Q: What is the Doctrine of Separation of Powers? A: In essence, separation of powers means the legislation belongs to Congress, execution to the executive, settlement of legal controversies to the judiciary. Each is therefore prevented from invading the domain of the others. Q: What is the pur...
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This document was uploaded on 03/12/2014.

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