• Philippines
    2003 Yearbook of Jehovah’s Witnesses

    • Back Into the Courts With the Flag-Salute Issue

      Youths have had their loyalty to God tested. On June 11, 1955, President Ramon Magsaysay signed into law Republic Act No. 1265 requiring all children in public and private schools to salute the Philippine flag. Children of Jehovah’s Witnesses reacted conscientiously, as do Witness youths throughout the world. (Ex. 20:4, 5) Although they respect the nation’s emblem, they cannot conscientiously engage in what they consider to be religious acts of devotion to any object. When children of the Gerona family in Masbate were expelled from school for not saluting the flag, it resulted in a case that was taken to the Philippines Supreme Court in 1959. The court, however, did not respect the religious stand of Jehovah’s Witnesses. It contended that the flag “is not an image” and that “the flag is utterly devoid of any religious significance.” Thus the court took it upon itself to legislate what is or is not religious.

      Of course, this did not change the Witnesses’ religious beliefs. The brothers stood firm for Scriptural principles. The court’s decision did result in some difficulties, though not as severe as might have been expected.

      Flag salute was not an issue again until the court’s decision was incorporated into the Administrative Code of 1987. After that, in 1990 a number of children of Jehovah’s Witnesses in the Cebu area were expelled from school. A superintendent of schools was adamant in enforcing the rule. The expulsions spread.

      The media covered the expulsions. Then a committee on human rights took an interest in these children, who were being denied an education. It seemed that the mood had changed from that of 1959. Was it now Jehovah’s time to bring the matter out into the open again? Ernesto Morales, an elder at that time in Cebu, observed: “Editors, newspapermen, educators, and others all urged us to take the case to court.” The Legal Departments at the branch and at world headquarters were consulted. The decision was made to file a case.

      However, the Regional Trial Court, followed by the Court of Appeals, rendered unfavorable decisions. They were unwilling to go against the Supreme Court’s decision in the 1959 Gerona case. The only way to resolve the matter would be to take the issue back to the Supreme Court. Would they be willing to hear the case? Yes was the answer from the Supreme Court! Felino Ganal, a Witness lawyer, took the lead in filing the case before the highest court. Within days, the Supreme Court issued an injunction requiring that all the expelled children be readmitted to the schools, pending a decision on the case.

      Arguments were filed by both sides. After careful consideration, the Supreme Court reversed the 1959 decision and upheld the right of children of Jehovah’s Witnesses to refrain from saluting the flag, reciting the pledge of allegiance, and singing the national anthem. The court explained the landmark decision: “The idea that one may be compelled to salute the flag, . . . on pain of . . . being expelled from school, is alien to the conscience of the present generation of Filipinos who cut their teeth on the Bill of Rights which guarantees their rights to free speech and the free exercise of religious profession and worship.” The court also ruled that expulsion of Jehovah’s Witnesses from schools would “violate their right . . . , under the 1987 Constitution, to receive free education.” The Manila Chronicle declared: “The Supreme Court corrects a 35-year injustice on the Jehovah’s Witnesses.”

      A motion for reconsideration was filed by the opposing parties, but on December 29, 1995, the Supreme Court denied the motion. Thus, the decision stands. What a victory for Jehovah’s people!