of the ife -fretarp

nineteenth CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES
First Regular Session •22 AUG -4 P6 26

RECEIVED by-
SENATE

S. B. NO. 1043

Introduced by SENATOR JOEL VILLANUEVA

AN ACT PROTECTING THE RIGHT OF THE PEOPLE

TO FREEDOM OF RELIGION IN THE PHILIPPINES
GUARANTEED UNDER SECTION 5, ARTICLE III OF THE
1987 CONSTITUTION AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Our society is held together not only by law and its enforcement, but
more importantly, by those who voluntarily obey the established laws as
motivated by their internalized norms of righteous or correct behavior. Since
time immemorial, religious belief has been a vital influence in man’s knowledge
of right and wrong and produces voluntary compliance to mankind.

However, even at recent times, it is undeniable that attacks on persons

based on their religious identities have been recorded. In a 2018 study by Pew
Research Center, 185 out of 198 countries reported at least one (1) incident of
harassment against a religious group.1 Christians and Muslims experienced
harassment in more countries compared to other groups, with Christians
reportedly harassed in 145 countries, while Muslims were reportedly harassed
in 139 countries.2 Additionally, Buddhists had the largest increase in number of
states where they were harassed for religious reasons - from 19 to 24 countries
- while religiously unaffiliated persons, including atheists, had the opposite,
from 23 countries in 2017 to 18 countries in 2018.3

1 Pew Research Center, Harassment of religious groups continue to be reported in more than 90% of countries,
accessible at httDs://www.pewresearch.ora/reliqion/2020/11/10/harassment-of-reliqious-qroups-continues-to-be:
reported-in-more-than-90-of-countries/#fn-33876-29 {last accessed August 4, 2022).
2 Id.
2 Id.
 Having recognized the significance of religion in human history and in
view of factors such as the foregoing, democratic countries all over the world
have long been implementing and improving substantial laws to protect and
promote religious freedom. Examples of these are the Religious Freedom
Restoration Act of the United States of America, the Maintenance of Religious
Harmony Act of Singapore, and the International Religious Freedom Act of
Canada - to name a few.

The Philippines, however, has not yet enacted a law that will give
substance to the right of the people to religious freedom as guaranteed under
Article III, Section 5 of our Constitution. Specifically, Section 5 states: “No law
shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.”

In view of the foregoing, this bill seeks to provide for an implementing

law that will protect and promote the right of Filipinos to religious freedom,
subject to certain exceptions. With this measure, Filipinos will be encouraged
to pursue spiritual growth by affording them the freedom to conduct their lives
in accordance with their faith or religious belief without the fear of persecution,
threat, or punishment.

Moreover, this measure also aims to promote a free market of religious

ideas in the country where no religion is suppressed or quelled over the other.
By leveling the playing field for the propagation of different religions, Filipinos
are afforded the full spectrum of varying faiths and the freedom to choose the
beliefs that they will subscribe to. This, in turn, will counter religious fanaticism
which gives rise to many societal problems in the country.

Thus, the immediate passage of this bill is earnestly sought.

SENATOR JOEL VILLANUEVAj,,/

 ot tljC ci'ft.irp
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session •22 AUG “4 P6 26

RECEIVED BY:
SENATE

S. B. N0JO43

Introduced by SENATOR JOEL VILLANUEVA

AN ACT PROTECTING THE RIGHT OF THE PEOPLE

TO FREEDOM OF RELIGION IN THE PHILIPPINES GUARANTEED
UNDER SECTION 5, ARTICLE III OF THE 1987 CONSTITUTION
AND FOR OTHER PURPOSES

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 "Magna Carta
2 on Religious Freedom Act"
3
4 SEC. 2. Declaration of Policy. - It is the declared policy of the State to
5 protect and uphold the fundamental and inalienable rignt of every person to
6 freely choose and exercise one's religion and beliefs, and to act and live
7 according to one's conscience, as guaranteed under Section 5, Article III of the
8 Constitution and other international human rights instruments, including the
9 Universal Declaration of Human Rights, the International Covenant on Civil and
10 Political Rights and the Declaration on the Eliminatk)n on All Forms of
11 Intolerance and Discrimination Based on Religion and Belief, to which the State
12 is a party or that it adheres to.
13
14 The right of every Filipino to profess, practice and propagate religious
15 beliefs must always be recognized, respected, allowed, and protected.
16
17 Towards this end, the State must ensure that no act of the government
18 or any of its agencies, instrumentalities, officers, or employees shall burden,
19 curtail, impinge, or encroach on the person’s right to exercise one’s religious
20 belief, freedom, and liberty of conscience. In addition, the government must
21 also prohibit any act by a person, natural or juridical, or any group of persons,
22 that burdens, curtails, impinges or encroaches on the said right.
23
24 SEC. 3. Definition of Terms. - As used in this Act:
25
 1 a) Atheism refers to the denial of the existence of a personal God or
2 deity, and shall be treated as a form of religion for the purpose of
3 entitlement to the protection of freedom of religion and conscience;
4
5 b) Child refers to any person below eighteen (18) years of age, or
6 older but who is incapable of taking care of oneself, as defined
7 under the Republic Act No. 7610, otherwise known as the Special
8 Protection of Children against Abuse, Exploitation and
9 Discrimination Act, as amended;
10
11 c) Conscience refers to a person’s sense or conviction of right or
12 wrong, whether or not such sense or conviction comes from a well-
13 defined religious belief;
14
15 d) Discrimination refers to any distinction, exclusion, restriction or
16 preference on the basis of a person’s religion or conscience and
17 which has the purpose or effect of burdening, curtailing, impinging
18 or encroaching on the person’s right to freedom of exercise of
19 religion and liberality of conscience;
20
21 e) Expression of religious belief or conscience refers to the
22 outward or overt manifestation of one’s religious belief or
23 conscience, whether by speech, or action, sense or conviction of
24 right or wrong, whether or not such sense or conviction comes
25 from a well-defined religious belief;
26
27 f) Guardian refers to a legal guardian or any person, other than the
28 biological parents, who takes the responsibility of taking care of
29 the personal and property rights of a child;
30
31 g) Religion refers to a particular system of belief, faith, or “paniniwala",
32 concerning God or a Higher Authority, whether personal or
33 otherwise, or a transcendent or divine deity or deities, whether in
34 the singular or plural, as well as the recognition, worship,
35 obedience, or submission to said God or Higher Authority, either
36 by a fixed dogma, creed, set of doctrines or belief, or code of
37 conduct or lifestyle, or by an individual’s sense of appropriate or
38 proper behavior, code, or lifestyle in relation to that God or Higher
39 Authority;
40
41 h) Religious belief refers to a particular belief or set of beliefs held by
42 a particular religion, or by an individual person;
43
44 i) Religious Freedom refers to the freedom to change, adopt, or
45 retain one’s religion or belief; or freedom from coercion that would
46 impair one’s freedom to have or adopt a religion or belief of one’s
47 choice, and to manifest one’s religion or belief in worship,
48 observance, practice and teaching, in public or private, either
49 individually or in community with others; and
50
 1 j) Religious group refers to a church, religious entity, religious
2 organization or group of persons who have formed together into a
3 congregation for the worship of a Higher Authority according to the
4 group’s established doctrines and ceremonies, whether or not the
5 same is registered with the government. For purposes of this Act,
6 the group does not need to be registered to be entitled to
7 recognition as a religious group.
8
9 SEC. 4. Freedom of Religion and Conscience Protected. - The right
10 of every person to freedom of religion and liberty of conscience, as well as the
11 free exercise or expression thereof, as defined and enumerated in this Act,
12 shall be protected by the State. It shall not be denied, burdened, regulated, or
13 curtailed even if it is a result of the rule of general applicability of existing laws,
14 except in the cases provided in Section 6 hereof.
15
16 SEC. 5. Exception Clause. - The right of every person to freedom of
17 religion, or the free exercise thereof and liberality of conscience can be denied,
18 regulated, burdened, or curtailed only if it can be demonstrated that:
19
20 a) The free exercise of religious freedom or conscience of a religious
21 group or individual results in violence, or inflicts or poses to inflict
22 direct or indirect physical or material harm or danger on other
23 people, or infringe on their own freedom of religion or conscience;
24 and
25
26 b) It is necessary to protect public safety, public order, health,
27 property and good morals.
28
29 Further, the State shall ensure that in burdening, regulating, or curtailing
30 religious freedom or freedom of conscience in the circumstances
31 abovementioned, the State shall adopt the least restrictive means. It shall also
32 ensure that the measures taken do not become a basis, reason, or excuse for
33 the defamation, discrimination, or infliction of physical harm, hostility, violence,
34 war, or dissemination of propaganda or advocacy against any such person or
35 group of persons whose expression of religious freedom or conscience is
36 subject of burden, regulation, or curtailment under conditions stated in this Act.
37
38 SEC. 6. Right to Choose a Religion or Religious Group. - The State
39 shall protect and promote the right of a person to freely choose one’s religion,
40 belief or religious group.
41
42 SEC. 7. Right to Exercise or Express Religious Belief, Practices,
43 Acts or Activities. - The State shall protect and promote the right of a person
44 to freely profess, exercise, manifest, or express religious belief, practices, acts
45 or activities, either individually or in community with others and in public or
46 private, without fear of discrimination and punishment, subject to exceptions
47 provided under this Act.
48
49 SEC. 8. Right to Act in Accordance with Conscience. - The State
50 shall similarly protect and promote the right of a person to act, without any form
 1 of coercion, in accordance with one’s conscience; Provided, That the act does
2 not inflict physical or material harm to any person, does not infringe on the
3 religious freedom of others or is not contrary to morals, health, property, public
4 order and safety.
5
6 SEC. 9. Right to Propagate Religious Beliefs.-The State shall protect
7 and promote the right of a person to propagate one’s religious belief without
8 any form of coercion subject to the exceptions provided under this Act.
9
10 SEC. 10. Right to Disseminate Religious Publications. - The State
11 shall protect and promote the right of a person to disseminate religious
12 information or publication, in whatever form, kind or nature and through any
13 platform, such as broadcast, print, social media or other online platforms,
14 subject to the exceptions provided under this Act.
15
16 SEC. 11. Right of Religious Worship and Ceremonies. - The State
17 shall protect and promote the right to religious worship and ceremonies,
18 including that of indigenous cultural communities and indigenous peoples, free
19 from discrimination, punishment, interruption, disturbance, violence, and
20 threats thereto, subject to the exceptions provided under this Act.
21
22 SEC. 12. Right to Organizational Independence. - The State shall
23 protect and promote the right of a religious group to manage its own affairs
24 independent from political influence or control, subject to existing laws, rules
25 and regulations, and the exceptions provided under this Act.
26
27 SEC. 13. Right to Freedom against Discrimination in Employment.
28 -The State shall protect and promote the right of a person to equal opportunity
29 and treatment, and non-discrimination in employment, by virtue of one’s
30 religious affiliation or belief.
31
32 SEC. 14. Right to Freedom against Discrimination in Educational
33 Institutions. - The State shall protect and promote the right of a person to be
34 free from discrimination on the basis of one’s religion, religious belief, religious
35 group or moral sense or conviction in any educational institution: Provided, That
36 educational institutions that are founded on religious beliefs or tenets shall be
37 entitled to standards or codes of behavior pursuant to their religious beliefs and
38 disciplines.
39
40 SEC. 15. Right of Companies or Businesses to be Founded on
41 Religious Belief - It shall be the right of business people and founders or
42 operators of business outfits to establish the companies, offices, or operations,
43 according to certain tenets of religious beliefs: Provided, That the same are
44 contained in writing and form part of the company’s vision and mission
45 statements, in which case, such company or outfit shall be accorded the
46 guarantees provided for under this Act.
47
48 SEC. 16. Right of Parents or Legal Guardians to Rear Children. -
49 The State shall protect and promote the right of parents or guardians to be at
50 liberty in rearing their children according to their religion, belief, or conscience:
 1 Provided, That a child who comes to the age of majority shall be respected in
2 his or her choice of religious belief: Provided, further, That in such a case,
3 parental authority under existing laws, such as the Civil Code of the
4 Philippines, the Family Code, or the Child And Youth Welfare Code as may be
5 applicable, shall not be deemed diminished in any way.
6
7 SEC. 17. Prohibited Acts. - It shall be unlawful for any person, natural
8 and or juridical, to:
9
10 a) Compel a person, by means of force, threat, intimidation,
11 punishment, or undue influence, to choose or not to choose a
12 particular religious group, or to subscribe to a particular religious
13 belief: Provided, That the practice of certain religious groups or
14 faiths of requiring either or both couples to be a member thereof
15 before marriage may be officiated shall not be prohibited;
16
17 b) Threaten a person with harm, punishment, or exert undue
18 influence or pressure in order to prevent such person from
19 changing one’s religion or belief or from transferring from one
20 religious group to another;
21
22 c) Compel a person, by means of force, threat, intimidation,
23 punishment, or undue influence, to commit an act which is in
24 violation of one’s religious belief or conscience;
25
26 d) Defame, harass, humiliate or offend a person by reason of one’s
27 religious belief or the practice of such belief;
28
29 e) Obstruct, hinder or prevent the flow of and access to religious
30 information;
31
32 f) Hinder or prevent a person from exercising any act that is an
33 expression of one’s religious belief;
34
35 g) Perform or threaten to perform any act that constitutes or
36 promotes stigma, hate or persecution of a particular religious
37 belief, religious practice, or religious community;
38
39 h) Perform or threaten to perform any act that effectively impedes,
40 obstructs, prohibits, prevents or inflicts any harm or threatens to
41 cause harm, or in any manner, prevents any person from freely
42 and lawfully expressing and exercising one’s religious beliefs;
43
44 i) Compel a person, by means of force, threat, intimidation,
45 punishment or undue influence to lawfully express and exercise
46 religious beliefs against one’s will;
47
48 j) Obstruct, hinder, cause undue delay or unjustifiably refuse the
49 production, or the valid and free distribution of religious
50 publications: Provided, That such publications do not contradict
 1 the religious beliefs of the publishing company, and such
2 publication does not violate any existing law;
3
4 k) Exert undue influence over the decisions made by any leader or
5 leaders of a religious community through monetary, political,
6 social and personal gains as well as parochial interest;
7
8 l) Deny employment to qualified applicants solely on the basis of
9 religion;
10
11 m) Sever or terminate employment of a person solely on the basis of
12 one’s adherence to religious belief; and
13
14 n) Commit any other act that curtails or violates the rights of a person
15 to religious freedom as provided for under this Act.
16
17 SEC. 18. Penalties. - Any person, natural or juridical, who violates
18 Section 17 of this Act shall suffer the following penalties:
19
20 a) For the first violation:
21
22 (1) For a private individual - a fine of not less than One Hundred
23 Thousand Pesos (Phpl00,000.00), but not exceeding Five
24 Hundred Thousand Pesos (Php500,000.00), or
25 imprisonment of not less than six (6) years and one (1) day,
26 but not more than eight (8) years, or both, at the discretion of
27 the court; and
28
29 (2) For a juridical person - a fine of not less than One Hundred
30 Thousand Pesos (Php100,000.00), but not exceeding Five
31 Hundred Thousand Pesos (Php500,000.00), or
32 imprisonment of not less than six (6) years and one (1) day,
33 but not more than eight (8) years, or both, at the discretion of
34 the court, on the official or employee directly liable and
35 responsible for the prohibited act.
36
37 b) For any subsequent violation:
38
39 (1) For a private individual - a fine of not less than Five Hundred
40 Thousand Pesos (Php500,000.00), but not exceeding Two
41 Million Pesos (Php2,000,000.00), or imprisonment of not less
42 than eight (8) years, but not more than ten (10) years, or both,
43 at the discretion of the court; and
44
45 (2) For a juridical person - a fine of not less than Five Hundred
46 Thousand Pesos (Php500,000.00), but not exceeding Two
47 Million Pesos (P2,000,000.00), or imprisonment of not less
48 than eight (8) years, but not more than ten (10) years, or both,
49 at the discretion of the court, on the official or employee
50 directly liable and responsible for the prohibited act.
 1
2 SEC. 19. Prohibition Against the Establishment of a Religion by the
3 State. - Nothing in this Act shall be construed to affect or diminish, in any way,
4 the meaning and intent of Section 5, Article III of the Constitution, which
5 prohibits the State from establishing any religion.
6
7 SEC. 20. Implementing Rules and Regulations. - Within ninety (90)
8 days after the effectivity of this Act, the Department of Justice (DOJ), Department
9 of Labor and Employment (DOLE), Department of Education (DepEd),
10 Commission on Higher Education (CHED), Legal Education Board (LEB),
11 Commission on Human Rights (CHR), Philippine Commission on Women (PCW),
12 National Commission on Indigenous Peoples (NCIP), and the National
13 Commission on Muslim Filipinos (NCMF) shall, in coordination with concerned
14 government agencies and in consultation with other stakeholders, shall jointly
15 formulate the rules and regulations to implement the provisions of this Act. The
16 Chairperson of the CHR and the Secretary of the DOJ shall act as co-
17 Chairpersons of the body that shall formulate the IRR.
18
19 SEC. 21. Separability Clause. - If any provision or part hereof is
20 declared unconstitutional or invalid, the remainder of this Act or any provision
21 not affected thereby shall remain in full force and effect.
22
23 SEC. 22. Repealing Clause.-Any law, presidential decree or issuance,
24 executive order, letter of instruction, administrative order, rule or regulation
25 contrary to or inconsistent with the provisions of this Act is hereby repealed,
26 modified or amended accordingly.
27
28 SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days
29 after Its publication in the Official Gazette or in at least two (2) newspapers of
30 general circulation.
31
32 Approved,