Philippine Bar review · Question

Practice question: Non-establishment and Free Exercise Clauses

Multiple Choice Hard Jurisprudence

Practice question

A city provides a neutral public service to all qualifying residents, including members of several religions. The stipulated service has a legitimate secular purpose, no worship condition and no aim to sponsor a denomination. An objector insists that religious recipients alone prove establishment. Which is sound under Aglipay’s principle?
  1. Religious citizens must be excluded from every secular public service.
  2. Incidental benefit to religious persons alone does not establish that the secular service sponsors religion.
  3. Any public service automatically creates an official faith.
  4. The city must require conversion before providing it.
  5. A secular purpose can never be relevant.

Legal references

  • Aglipay v. Ruiz, G.R. No. L-45459, March 13, 1937, main decision: https://www.chanrobles.com/scdecisions/jurisprudence1937/mar1937/gr_l-45459_1937.php
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 5.

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