E not required by the free exercise clause permissive

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Unformatted text preview: JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. GENERAL CONSIDERATIONS institution or government orphanage or leprosarium, public money may be paid to them (Article VI, Section 29 [2]); 3. Optional religious instruction for public elementary and high school students (Article XIV, Section 3 [3]); 4. Filipino ownership requirement for education institutions, except those established by religious groups and mission boards (Article XIV, Section 4 [2]). Q: What is the Strict Separationist Approach? A: Under this approach, the establishment clause was meant to protect the State from the church, and the State’s hostility towards religion allows no interaction between the two. (Estrada v. Escritor, A.M. No. P‐02‐1651, June 22, 2006) Q: What is the Strict Neutrality Approach? A: It is not hostile in religion, but it is strict in holding that religion may not be used as a basis for classification for purposes of governmental action, whether the action confers rights or privileges or imposes duties or obligations. Only secular criteria may be the basis of government action. It does not permit, much less require accommodation of secular programs to religious belief. (Estrada v. Escritor, A.M. No. P‐02‐1651, June 22, 2006) Q: What is the theory of Benevolent Neutrality? A: Under this theory the “wall of separation” is meant to protect the church from the State. It believes that with respect to governmental actions, accommodation of religion may be allowed, not to promote the government’s favored form of religion, but to allow individuals and groups to exercise their religion without hindrance. (Estrada v. Escritor, A.M. No. P‐02‐ 1651, June 22, 2006) Q: What theory is applied in the Philippines? A: In the Philippine context, the Court categorically ruled that, “the Filipino people, in adopting the Constitution, manifested their adherence to the benevolent neutrality approach that requires accommodations in interpreting the religion clauses. (Estrada v...
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