Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House BillNo.__ 638

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

EXPLANATORY NOTE

Religious freedom is a cornerstone of a just, pluralistic, and
democratic society. Enshrined under Section 5, Article III of the 1987
Philippine Constitution, the right of every person to freely profess and
practice their faith—or to have none at all—is both a national and
international obligation. The Philippines, being a signatory to numerous
human rights instruments such as the Universal Declaration of Human
Rights (UDHR) and the International Covenant on Civil and Political
Rights (ICCPR), is bound to uphold these liberties without fear, coercion,
or discrimination.

However, despite these legal guarantees, numerous cases across
sectors of society continue to reveal subtle and overt infringements on the
freedom of religion and conscience. These may take the form of
harassment, discrimination in employment and education, undue
government interference in religious practices, or limitations on religious
expression and worship.

This proposed measure—the Magna Carta on Religious Freedom
Act—seeks to provide a comprehensive legal framework that clearly
defines, protects, and promotes the right to freedom of religion and
conscience. It also outlines the duties of the State and penalties for
violations, ensuring that individuals and institutions are safeguarded from
both state and non-state actors that may undermine these rights.

Key provisions of this measure include:

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Recognition of religious freedom as a fundamental and inalienable
human right;

Protection of individuals from coercion, discrimination, or violence
due to religious belief or non-belief;

Affirmation of rights such as worship, expression, propagation of
belief, publication, organizational autonomy, and tax exemption for
religious institutions;

Establishment of a DOJ-led Religious Freedom Hotline to address
violations; and

Imposition of penalties for prohibited acts that curtail these
freedoms.

Importantly, the bill balances freedom with responsibility, providing

clear exceptions where regulation is necessary to uphold public safety,
health, morals, and order, as long as such interventions use the least
restrictive means.

This measure is not about giving special treatment to any faith

group; rather, it is about ensuring that all persons—regardless of belief—
are treated with dignity and equality before the law.

In a diverse and democratic nation such as ours, the passage of this

Magna Carta is a vital step in protecting the conscience of every Filipino,
promoting peaceful religious coexistence, and upholding the sacred right
of every individual to believe, worship, or not believe—free from fear and
oppression.

EDUARDO “BRO. EDDIE” C. VILLANUEVA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 838

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

AN ACT
PROTECTING THE RIGHT OF THE PEOPLE TO FREEDOM OF
RELIGION IN THE PHILIPPINES GUARANTEED UNDER SECTION 5,
ARTICLE Ill OF THE CONSTITUTION

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Magna
Carta on Religious Freedom Act."

SEC. 2. Declaration of Policy. - It is the declared policy of the State
to protect and uphold the fundamental and inalienable right of every
person to freely choose and exercise one's religion and beliefs and to act
and live according to one's conscience as guaranteed under Section 5,
Article Ill of the Constitution and other international human rights
instruments, including the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the Declaration
on the Elimination on All Forms of Intolerance and Discrimination Based
on Religion and Belief, to which the State is a party or that it adheres
thereto.

The right of every Filipino to profess, practice, and propagate
religious beliefs must always be recognized, respected, allowed and
protected.


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Towards this end, the State must ensure that no act of the
government or any of its agencies, instrumentalities, officers or employees
shall burden, curtail, impinge or encroach on the person's right to exercise
one's religious belief, freedom and liberty of conscience. In addition, the
government must also prohibit any act by a person, natural or juridical, or
any group of persons that burdens, curtails, impinges or encroaches on
the said right.

SEC. 3. Definition of Terms. - As used in this Act:

a. Atheism refers to the denial of the existence of a personal God or
deity, and shall be treated as a form of religion for the purpose of
entitlement to the protection of freedom of religion and conscience;

b. Child refers to any person below eighteen (18) years of age or older
but who is incapable of taking care or protecting oneself from abuse,
neglect, cruelty, exploitation or discrimination because of a physical
or mental disability or condition as defined under Republic Act No.
7610 as amended otherwise known as the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act;

c. Conscience refers to a person's sense or conviction of right or wrong
whether or not such sense or conviction comes from a well-defined
religious belief;

d. Discrimination refers to any distinction, exclusion, restriction or
preference on the basis of a person's religion or conscience and
which has the purpose or effect of burdening, curtailing, impinging
or encroaching on the person's right to freedom of exercise of
religion and liberality of conscience;

e. Expression of religious belief or conscience refers to the outward or
overt manifestation of one's religious belief or conscience, whether
by speech, or action, sense or conviction of right or wrong, whether
or not such sense or conviction comes from a well-defined religious
belief;

f. Guardian refers to a legal guardian or any person, other than the
biological parents, who takes the responsibility of taking care of the
personal and property rights of a child;

g. Religion refers to a particular system of belief, faith, or "paniniwala"
concerning God or Higher Authority, whether personal or otherwise,


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or a transcendent or divine deity or deities, as well as the
recognition, worship, obedience, or submission to said God or
Higher Authority, either by a fixed dogma, creed, set of doctrines or
belief, or code of conduct or lifestyle, or by an individual's sense of
appropriate or proper behavior, code, or lifestyle in relation to that
God or Higher Authority;

h. Religious Belief refers to a particular belief or set of beliefs held by
a particular religion, or by an individual person;

i. Religious Freedom refers to the freedom to change, adopt, or retain
one's religion or belief; or from coercion that would impair one's
freedom to have or adopt a religion or belief of one's choice, and to
manifest one's religion or belief in worship, observance, practice and
teaching, in public or private, either individually or in community with
others;

j. Religious group refers to a church, religious entity, religious
organization or group of persons who have formed together into a
congregation for the worship of a Higher Authority according to the
group's established doctrines and ceremonies whether or not the
same is registered with the government. For purposes of this Act,
the group does not need to be registered to be entitled to recognition
as a religious group.

SEC. 4. Freedom of Religion and Conscience Protected. - The
right of every person to freedom of religion and liberty of conscience, as
well as the free exercise or expression thereof, as defined and
enumerated in this Act, shall be protected by the State. It shall not be
denied, burdened, regulated, or curtailed even if it is a result of the rule of
general applicability of existing laws, except in the cases provided for in
Section 6 hereof.

SEC. 5. Scope. - This Act shall not apply to the act of the
Government in enacting laws in the exercise of its police power. If any
such law is declared unconstitutional, the law shall be invalidated but the
Government through its responsible officers, shall not be subjected to any
prosecution under this Act.

SEC. 6. Exception Clause. - The right of every person to freedom
of religion, or the free exercise thereof and liberality of conscience can be
denied, regulated, burdened, or curtailed only if it can be demonstrated
that:


a. the free exercise of religious freedom or conscience of a religious
group or individual results to violence; and

b. itis necessary to protect public safety, public order, health, property
and good morals

Further, the State shall ensure that in burdening, regulating, or
curtailing religious freedom or freedom of conscience in the circumstances
above-mentioned, the State shall adopt the least restrictive means. It shall
also ensure that the measures taken do not become a basis, reason, or
excuse for the defamation, discrimination, or infliction of physical harm,
hostility, violence, war, or dissemination of propaganda or advocacy
against any such person or group of persons whose expression of
religious freedom or conscience is subject of burden, regulation, or
curtailment under conditions stated in this Act.

SEC. 7. Right to Choose a Religion or Religious Group. - The
State shall protect and promote the right of a person to freely choose one's
religion, belief or religious group.

SEC. 8. Right to Exercise or Express Religious Belief,
Practices, Acts or Activities. - The State shall protect and promote the
right of a person to freely profess, exercise, manifest, or express religious
belief, practices, acts or activities, either individually or in community with
others and in public or private, without fear of discrimination subject to
exceptions provided for under this Act.

SEC. 9. Right to Act in Accordance with Conscience. - The State
shall similarly protect and promote the right of a person to act, without any
form of coercion, in accordance with one's conscience: Provided, That the
act does not inflict physical or material harm to any person, does not
infringe on the religious freedom of others or is not contrary to morals, and
laws on health, property, public order and safety.

SEC. 10. Right to Propagate Religious Beliefs. - The State shall
protect and promote the right of a person to propagate one's religious
belief without any form of coercion, subject to the exceptions provided for
under this Act.

SEC. 11. Right to Disseminate Religious Publications. - The
State shall protect and promote the right of a person to disseminate
teligious information or publication, in whatever form, kind or nature and
through any platform such as broadcast, print, social media or other online
platforms, subject to the exceptions provided for under this Act.


SEC. 12. Right to Religious Worship and Ceremonies. - The
State shall protect and promote the right to religious worship and
ceremonies, including that of indigenous cultural communities and
indigenous peoples, and to be free from interruption, disturbance,
violence, and threats thereto, subject to the exceptions provided for under
this Act.

SEC. 13. Right to Organizational Independence. - The State shall
protect and promote the right of a religious group to manage its own affairs
independent from political influence or control, subject to existing laws,
rules and regulations, and the exceptions provided under this Act.

SEC. 14. Right Against Discrimination in Employment. - The
State shall protect and promote the right of a person to equal opportunity
and treatment, and to be protected against discrimination in employment
on account of one's religious affiliation or belief.

SEC. 15. Right to Freedom Against Discrimination in
Educational Institutions. - The State shall protect and promote the right
of a person against discrimination on the basis of one's religion, religious
belief, religious group or moral sense or conviction in any educational
institution: Provided, That educational institutions that are founded on
religious beliefs or tenets shall be entitled to observe and oblige standards
or codes of behavior pursuant to their religious beliefs and disciplines.

SEC. 16. Right of Companies or Businesses to be Founded on
Religious Belief. - It shall be the right of business people and founders
or operators of business outfits to establish the companies, offices, or
operations, according to certain tenets of religious beliefs: Provided, That
the same are contained in writing and shall form part of the company's
vision and mission statements, in which case, such company or outfit shall
be accorded the guarantees provided for under this Act.

SEC. 17. Right of Parents or Legal Guardians to Rear Children.
- The State shall protect and promote the right of parents or guardians to
be at liberty in rearing their children according to their religion, belief, or
conscience: Provided, That the right of a child who has reached the age
of majority to choose a religious belief or practice a religion shall be
respected: Provided, further, That in such a case, parental authority under
Republic Act No. 386, otherwise known as the "Civil Code of the
Philippines, Executive Order No. 209, otherwise known as the "Family
Code of the Philippines,” or Presidential Decree No. 603, otherwise known


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as the "Child And Youth Welfare Code," as may be applicable, shall not
be deemed diminished in any way.

SEC. 18. Right to Tax Exemption. - The State shall protect the
right of churches or religious organizations formed and operating
exclusively for religious purposes to be exempted from the payment of
taxes on all its real properties that are actually, directly, and exclusively
used for religious purposes, pursuant to the provisions of the Constitution,
and as provided by law: Provided, however, That real properties of any
church or religious organization which are used for religious and/or
commercial and proprietary purposes shall be taxed accordingly with
respect to the non-religious purpose for which they generate income.

SEC. 19. Prohibited Acts. - It shall be unlawful for any person,
natural or juridical, to:

a. Compel a person, by means of force, threat, intimidation or
undue influence, to choose or not to choose a particular
religious group, or to subscribe to a particular religious belief:
Provided, That the practice of certain religious groups or faiths
of requiring either or both couples to be a member thereof
before marriage may be officiated shall not be prohibited;

b. Threaten a person with harm or exert undue influence or
pressure in order to prevent such person from changing one's
religion or belief or from transferring from one religious group
to another;

c. Compel a person, by means of force, threat, intimidation or
undue influence, to commit an act which is in violation of one's
religious belief or conscience;

d. Defame, harass, humiliate or offend a person by reason of
one's religious belief or the practice of such belief;

e. Obstruct, hinder or prevent the flow of and access to religious
information;

f. Hinder or prevent a person from exercising any act that is an
expression of one's religious belief;


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. Perform or threaten to perform any act that constitutes or

promotes stigma, hate or persecution of a particular religious
belief, religious practice, or religious community;

. Perform or threaten to perform any act that effectively

impedes, obstructs, prohibits, prevents or inflicts any harm or
threatens to cause harm, or in any manner, prevents any
person from freely and lawfully expressing and exercising
one's religious beliefs;

Compel a person, by means of force, threat, i dation or
undue influence to lawfully express and exercise religious
beliefs against one's will;

|. Obstruct, hinder, cause undue delay or unjustifiably refuse the

production, or the valid and free distribution of religious
publications: Provided, That such publications do not
contradict the religious beliefs of the publishing company, and
they do not violate any existing law;

. Exert undue influence over the decisions made by any leader

or leaders of a religious community through monetary,
political, social and personal gains as well as parochial
interest;

Deny employment to qualified applicants solely on the basis
of religion;

. Sever or terminate employment of a person solely on the basis

of one's adherence to religious belief;

. Maliciously and deliberately deny a religious institution or a

person employed by a religious entity the tax exemptions they
are entitled to; and

. Commit any other act that curtails or violates the rights of a

person to religious freedom as provided for under this Act.

SEC. 20. Penalties. - Any person, natural or juridical, who violates
Section 19 of this Act shall suffer the following penalties:

a. For the first violation:


1. For a private individual - a fine of not less than One hundred

thousand pesos (P100,000.00) but not exceeding Five
hundred thousand pesos (P500,000.00), or imprisonment of
not less than six (6) years and one (1) day but not more than
eight (8) years, or both, at the discretion of the court;

. For a juridical person - a fine of not less than One hundred
thousand pesos (P100,000.00) but not exceeding Five
hundred thousand pesos (P500,000.00), or imprisonment of
not less than six (6) years and one (1) day but not more than
eight (8) years, or both, at the discretion of the court, on the
official or employee directly liable and responsible for the
prohibited act.

Provided, That for the juridical entity, a fine of Fifty thousand
pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00) shall be imposed on officers directly running
the operations of the juridical entity.

b. For any subsequent violation:

1. For a private individual - a fine of not less than Five hundred
thousand pesos (P500,000.00) but not exceeding Two
million pesos (P2,000,000.00), or imprisonment of not less
than eight (8) years but not more than ten (10) years, or
both, at the discretion of the court;

2. For a juridical person - a fine of not less than Five hundred
thousand pesos (P500,000.00) but not exceeding Two
million pesos (P2,000,000.00), or imprisonment of not less
than eight (8) years but not more than ten (10) years, or
both, at the discretion of the court, on the official or
employee directly liable and responsible for the prohibited
act.

Provided, That for the juridical entity, a fine of Two hundred
thousand pesos (200,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed on officers directly
running the operations of the juridical entity: Provided,
further, That if the violation is committed by a corporation or
other juridical entity, the penalty provided in this Act shall be
imposed upon the directors, officers, employees or other
officials or persons therein responsible for the offense


without prejudice to civil liabilities arising from the criminal
offense.

If the offender is a government employee or official, the accessory
penalty of perpetual disqualification from public office or employment shall
also be imposed.

If a violation of any of the acts prohibited herein is also an act
prohibited under the Revised Penal Code, the imposition of the higher
penalty shall apply.

SEC. 21. Establishment of Religious Freedom Hotline. - The
Secretary of the Department of Justice (DOJ) shall establish, maintain and
publicize a toll-free number to provide timely and accurate information and
respond to queries regarding the rights protected under this Act.

SEC. 22. Prohibition Against the Establishment of a Religion by
the State. - Nothing in this Act shall be construed to affect or diminish, in
any way, the meaning and intent of Section 5, Article 3 of the Constitution,
which prohibits the State from establishing any religion.

SEC. 23. Implementing Rules and Regulations. - Within ninety
(90) days from after the effectivity of this Act, the Secretary of the
Department of Justice, Department of Labor and Employment,
Department of Education, Commission on Higher Education, Legal
Education Board, Chairperson of the Commission on Human Rights,
Commissioner of the Bureau of Internal Revenue, Philippine Commission
on Women, National Commission on Indigenous Peoples, and the
National Commission on Muslim Filipinos shall, in coordination with other
concerned government agencies and in consultation with the
stakeholders, jointly formulate rules and regulations to implement the
provisions of this Act. The Chairperson of the CHR and the Secretary of
the DOJ shall act as the co-Chairpersons of the body that shall formulate
the IRR.

SEC. 24. Separability Clause. - If any provision or part hereof is
declared unconstitutional, the remainder of this Act or any provision not
affected thereby shall remain in full force and effect.

SEC. 25. Repealing Clause. - All laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders,
ordinances, or parts thereof, which are inconsistent with the right to


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freedom of religion and liberty of conscience and the provisions of this Act,
are hereby deemed repealed or modified accordingly.

SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,