The Secretary of the Department of Education (DepEd) issued Department Order (DO) No. 35 providing guidelines for teaching good manners and right conduct in all primary educational institutions. As part of the materials to be used during the sessions, the handbook for instructors contains a chapter on “Values from Religious Traditions and Indigenous Cultures”. The DepEd will provide the handbooks, but educational institutions shall be free to adapt the contents of the handbook in accordance with their respective mission and vision. Attendance at the sessions shall be compulsory for all students. Concerned parents and teachers questioned DO No. 35 before the Supreme Court as being violative of the establishment clause and their primary right and duty to rear their children. Are the parents and teachers correct? Explain briefly.
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No, the parents and teachers are not correct. Under Constitutional Law, a measure does not violate the establishment clause if it has a secular purpose, its primary effect neither advances nor inhibits religion, and it avoids
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Quick check
Is Department Order No. 35 constitutional despite integrating religious and indigenous values in character education?
Department Order 35 is constitutional because it serves a secular purpose of teaching character without coercing religious compliance or establishing religion.
Under Article III, Section 5 of the Constitution, what test determines whether state action violates the Non-Establishment Clause?
State action complies with the Non-Establishment Clause if it has a secular purpose, neutral effect, and avoids excessive entanglement.
How does Article II, Section 12 of the Constitution define the relationship between parental rights and state education?
Article II, Section 12 recognizes the natural and primary right and duty of parents in rearing the youth for civic efficiency.
Does mandatory attendance in a character education class that discusses religious traditions violate the Free Exercise Clause?
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Why does allowing schools to adapt character education handbooks reinforce the constitutionality of Department Order 35?
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1. Non-Establishment Clause
Under Article III, Section 5 of the 1987 Constitution, no law shall be made respecting an establishment of religion. A state action or administrative regulation does not violate the non-establishment clause if it serves a clear secular purpose, has a primary effect that neither advances nor inhibits religion, and avoids fostering excessive government entanglement with religious institutions. Integrating values derived from diverse religious traditions and indigenous cultures into a character education curriculum promotes social morality and ethical behavior, which constitutes a legitimate secular educational objective rather than an unconstitutional endorsement or establishment of religion.
2. Parental Rearing Right
Article II, Section 12 of the 1987 Constitution recognizes the natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character. This parental authority operates in tandem with the state's sovereign power as parens patriae to establish educational standards for primary schools. Mandatory attendance in character education classes that teach universal values without coercing students to adopt specific religious dogmas or participate in religious worship does not infringe upon parental authority. State character instruction complements, rather than usurps, the primary moral upbringing provided by parents.
3. Religious Freedom Limits
The free exercise clause guarantees freedom of religious belief and worship, prohibiting state coercion in matters of conscience. When educational programs introduce comparative cultural and religious values without imposing mandatory religious indoctrination or dogmatic conformity, free exercise rights remain intact. Allowing primary schools flexibility to adapt instructional materials in alignment with their institutional mission ensures that diversity is respected. Compulsory physical presence in moral education classes that allow institutional adaptation and refrain from enforcing religious compliance does not constitute prohibited state coercion or violate constitutional guarantees of religious freedom.