Padilla files Senate bill protecting religious freedom in schools

A bill seeking to guarantee religious freedom in educational institutions and protect the students' beliefs was filed in the Senate.

Senator Robin Padilla filed Senate Bill 1609 or the proposed Protection of Students' Religious Belief Act to give the learners the "liberty to disassociate and excuse themselves from participating in any religious classes and activities that interfere with his religious tenets or faith without the fear of expulsion, sanction, or reprimand."

"Over the years, there have been accounts of how educational institutions fall short, if not totally fail, in distinguishing students by the basis of religion and similarly, prescribing religious classes in their curriculum that are offered to all students in general," Padilla wrote in his explanatory note.

"However, the problem arises when students are compelled to enroll in religious classes and attend academic activities that interfere with their religious tenets and practices. Without the discretion to exclude themselves or exemption from these religious classes, students are inclined to practice and engage in religious beliefs different from their faith," he added.

The senator asserted that the 1987 Constitution "protects and forever allows" the free exercise and enjoyment of religious profession and worship without discrimination or preference.

Citing Section 3(3), Article XIV of the Constitution, Padilla also mentioned that religion is allowed to be taught in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities to which the children or wards belong, at the option expressed in writing by the parents or guardians.

Further, Padilla cited the Supreme Court jurisprudence in the case of Islamic Da'wah Council of the Philippines, Inc. v. Office of the Secretary in July 2003, which stated that freedom of religion is "designed to protect the broadest possible livery of conscience, to allow each man to believe as his conscience directs, to profess his beliefs, and to live as he believes he ought to live, consistent with the liberty of others and with the common good.

The lawmaker said that the SC ruling puts emphasis on two important facets which are the freedom to believe  and the freedom to act on one's beliefs.

Under the bill, educational institutions shall ensure that all students are not discriminated against on account of their religious belief, affiliation, or engagement in any religious activity; shall respect every student's right to express or wear their religious clothing inside the campus or during school-related activities outside the school premises; shall be prohibited from requiring students to participate and attend any religious activity or their performance.

SB 1609 also states that no student shall be required to be taught with, to be enrolled in, or to take a religious value, lesson, subject, or course different from his or her religion without the written consent of the student.

If the student is a minor, the bill provides that a parent or legal guardian shall execute the written consent on behalf of the learner.

Under the bill, violators may face a P500,000 fine and/or suffer imprisonment of not less than six years.

If the violation was committed by a corporation, organization, or any similar entity, the officials and employees directly involved shall pay P2 million fine and/or suffer an eight-year imprisonment.

The bill also mandates the Department of Education, the Commission on Higher Education, and the Commission on Human Rights to conduct awareness and educational activities in order to promote the proposed law.—AOL, GMA Integrated News