NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1609
-z-a i?enarf
of tDcfevn-ftary
•22 DEC 12 PI *-40
RECEIVED BY,
Introduced by Senator Robinhood Padilla
AN ACT
PROTECTING FREE EXERCISE AND ENJOYMENT OF RELIGION OF 
STUDENTS IN EDUCATIONAL INSTITUTIONS AND PROVIDING PENALTIES 
FOR VIOLATIONS THEREOF
EXPLANATORY NOTE
The Constitution protects and forever allows the free exercise and enjoyment 
of religious profession and worship without discrimination or preference. (Section 5, 
Article III, Constitution) The Constitution allows religion to be taught in public 
elementary and high schools within the regular class hours by instructors designated 
or approved by the religious authorities of the religion to which the children or wards 
belong, at the option expressed in writing by the parents or guardians. (Section 3 (3), 
Article XIV, Constitution)
Likewise, the Constitution provides that the State recognizes the 
complementary roles of public and private institutions in the educational system and 
shall exercise reasonable supervision and regulation of all educational institutions. 
(Section 4 (1), Article XIV, Constitution)
Universal Declaration of Human Rights, Article 18 states that [ejveryone has 
the right to freedom of thought, conscience, and religion; this right includes freedom 
to change his religion or belief, and freedom, either alone or in community with others 
and in public or private, to manifest his religion or belief in teaching, practice, worship, 
and observance."


The Supreme Court, in the case of Islamic Da'wah Council of the Philippines, 
Inc. vs. Office of the Executive Secretary of the Office of the President (G.R. No. 
153888, 9 July 2003), said that freedom of religion is "designed to protect the broadest 
possible liberty 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." It puts emphasis on two important 
facets: the freedom to believe and the freedom to act on one's beliefs.
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.
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 excuse themselves or exemption from these 
religious classes, students are inclined to practice and engage in religious beliefs 
different from their faith.
Students must be given 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. This bill provides 
that educational institutions guarantee religious freedom and create a learning 
environment respectful and protective of students' religious beliefs.
In view of the foregoing, the passage of this bill is earnestly sought.
BINKOOD P.
/ Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
of tljf
*22 DEC 12 PI :40
SENATE
Introduced by Senator Robinhood Padilla
AN ACT
PROTECTING FREE EXERCISE AND ENJOYMENT OF RELIGION OF 
STUDENTS IN EDUCATIONAL INSTITUTIONS AND PROVIDING PENALTIES 
FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. — This Act shall be known as the "Protection of Students'
2 
Religious Belief Act".
3 
Sec. 2. Declaration of Policy. — The State shall guarantee the free exercise and
4 
enjoyment of religious profession and worship without discrimination or preference. It
5 
is also the policy of the State to recognize the role of public and private institutions in
6 
the educational system and to exercise reasonable supervision and regulation of all
7 
educational institutions.
8 
Sec. 3. Definition of Terms. — As used in this Act:
9 
a) Educational institution refers to a public or private educational institution
10 
which includes basic, higher, technical, and other learning institutions.
11 
b) Religious subject refers to a subject that pertains to religious teachings,
12 
values, beliefs, behaviors, and institutions;
13 
c) Religious activities refer to activities and performances pursuant to
14 
religious teachings and beliefs;


1 
d) Religious premises refer to an area used for religious purposes. They
2 
include areas that may not have been previously used for religious
3 
purposes; and
4 
e) Studentsdive those who are enrolled in basic, higher, technical, and other
5 
learning institutions.
6 
Sec. 4. Students Free Exercise of Religious Belief — Educational institutions
7 
shall respect the right of a student to freely exercise and enjoy his or her religious
8 
belief without discrimination or preference.
9 
Sec. 5. Protection of Students'Religious Beliefs. — Educational institutions:
10 
a) Shall ensure that all students are not discriminated against on account
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of their religious belief, affiliation, or engagement in any religious
12 
activity;
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b) Shall respect every student's right to express or wear their respective
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religious clothing inside their educational campus or during school-
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related activities outside the school premises; and
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c) Shall be prohibited from requiring students to participate and attend any
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religious activity or their performance.
18 
Sec. 6. Teaching of a Different Religion — No student shall be required to be
19 
taught with, to be enrolled in, or to take a religious value, lesson, subject, or course
20 
different from his or her religion by an educational institution without the written
21 
consent of the student. In cases wherein the student is a minor, the parent or legal
22 
guardian shall execute the written consent on behalf of the minor or ward.
23 
Sec. 7. Penalty. — Any person violating Sections 4, 5, or 6 of this Act shall pay
24 
a fine of Five Hundred Thousand Pesos (Php500,000.00), or suffer a penalty
25 
imprisonment of not less than six (6) years, or both, at the discretion of the court.
26 
If an offender is a public official, officer, or employee, he or she shall pay a fine
27 
of Five Hundred Thousand Pesos (Php500,000.00), and imprisonment of not less than
28 
six (6) years.
29 
If the offender is a corporation, organization, or any similar entity, the officials
30 
or employees directly involved shall pay a fine of Two Million Pesos (Php2,000,000.00),
31 
or suffer a penalty of imprisonment of eight (8) years, or both, at the discretion of the
32 
court.


1 
Sec. 8. Awareness and Educational Activities. — The Department of Education
2 
(DepEd), Commission on Higher Education (CHED), Technical Education and Skills
3 
Development Authority (TESDA), and the Commission on Human Rights (CHR) shall
4 
conduct awareness and educational activities in order to promote this Act.
5 
Sec. 9. Implementing Rules and Regulations. — Within ninety (90) days from
6 
the effectivity of this Act, DepEd, CHED, and TESDA, in consultation with the CHR and
7 
stakeholders, shall promulgate the rules and regulations to effectively implement the
8 
provisions of this Act.
9 
Sec. 10. Separability Clause. — If any portion or provision of this Act is declared
10 
unconstitutional, the remainder of this Act or any provisions not affected shall thereby
11 
remain in force and effect.
12 
Sec. 11. Repeating Clause. — Any law, presidential decree or issuance,
13 
executive order, ordinance, rule, or regulation inconsistent with the provisions of this
14 
Act is hereby repealed or modified accordingly.
15 
Sec. 12. Effectivity Clause. — This Act shall take effect after fifteen (15) days
16 
following its complete publication in the Official Gazette or a newspaper of general
17 
circulation.
Approved,