Friday, June 10, 2016

State and the Church (Part 2)

The concept of separation of church and state

Part 2

All rights reserved

PEOPLE OF THE PHILIPPINES! You have a flawed understanding of the concept of church-state separation.

Generally, the Constitution1 protects the church from government.2 It does not protect government from political action organized by the church.

Why? Because the separation clause must always be read with the freedom of expression provisions found in the Bill of Rights.

Understand that "[t]he individual citizen is but a speck of particle or molecule vis-à-vis the vast and overwhelming powers of government. His only guarantee against oppression and tyranny are his fundamental liberties under the Bill of Rights which shield him in times of need."3  In other words, the Bill of Rights limits the powers of government.4

So, if the Bill of Rights is there to protect the citizens from government, then by relating the separation clause with the provisions found in the Bill of Rights, we can conclude that the church, the physical manifestation of the exercise of religious freedom, is being protected against government intervention.5

Was that too much of a "stretch" for you? You still want to cling to your flawed understanding of the separation clause?

Wow, talk about fans serving their idols! Riddle me this: if our Constitution demands that the state be protected from the church, then why do we give churches, including their priests, certain benefits under our Constitution?
Answer: Benevolent Neutrality.6
This concept should be more than enough to fell your mental walls called bias. Still, if you want to (malisciously) cling to your (flawed) beliefs then that be your right. After all, freedom gave us the right to be (ir)responsible and (mis)informed.

1See Section 5, Article III, 1987 Constitution
2"faith, practice, doctrine, form of worship, ecclesiastical law, custom and rule of a church...are unquestionably ecclesiastical matters which are outside the province of the civil courts." Fonacier v. Court of Appeals, 96 Phil. 417 (1955)
3Secretary of Justice v. Hon. Lantion, 379 Phil. 165 (2000)
4 See Yrasuegui v. PAL, 590 Phil. 490 (2008);
5 See Estrada v. Escritor, 455 Phil. 411

6See http://iamv-con.blogspot.com/2016/03/state-and-church.html

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