Magna Carta on Religious Freedom Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -2 P5:33 First Regular Session SENATE Senate Bill No. _ 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. According to Pew Research Center's latest report covering 2022, religious harassment by governments or social groups occurred in 192 of the world's 198 countries and territories. Christians were harassed in 166 countries, Muslims in 148, and Jews in 90, despite Jews making up only a small share of the global population.] Across the world, we have seen the tragic consequences when religious freedom is undermined, when faith becomes a reason for exclusion, when minorities are marginalized, and when belief becomes a barrier rather than a bridge. 1 Pew Research Center. Government Restrictions on Religion Stayed at Peak Levels Globally in 2022. Published Where relous groups wellen as set sached-newestart in 202 20242 or 12 May 202 countries-

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 measures to protect and promote religious freedom. Examples include the United States' Religious Freedom Restoration Act, Singapore's Maintenance of Religious Harmony Act, Canada's International Religious Freedom Act, and, earlier this month, the establishment of the United States Religious Liberty Commission, among others. In a landmark ruling, the Supreme Court affirmed that "religious freedom is a fundamental right which is entitled to the highest priority and the amplest protection among human rights, for it involves the relationship of man to his Creator."? While our Constitution firmly upholds religious freedom, there is a critical need for an enabling law to translate these protections, specifically those under Section 5, into concrete, actionable measures. 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. 2 Ebrallnag v. Division Superintendent of Schools of Cebu, G.R. No. 95770, 1 March 1993.

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -2 25:33 RITt SENATE Senate Bill No. 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:

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 III 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 of All Forms of Intolerance and Discrimination Based on Religion or Belief, to which the State is a party or that it adheres to. The right of every Filipino to profess, practice, and propagate religious beliefs must always be recognized, respected, allowed, and protected. To 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 a 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, the following terms shall

be defined as follows: 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; Child refers to any person below eighteen (18) years of age or older but who is incapable of taking care of oneself, as defined under the Republic Act No. 7610, otherwise known as the Special Protection of Children against Abuse, Exploitation and Discrimination Act, as amended; 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 a Higher Authority, whether personal or otherwise, or a transcendent or divine deity or deities, whether in the singular or plural, 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; 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 freedom 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; and 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 entitied 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 in Section 5 hereof.

SEC. 5. 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 in violence, or inflicts or poses to inflict direct or indirect physical or material harm or danger on other people, or infringe on their own freedom of religion or conscience; and It is 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 abovementioned,

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 the subject of burden, regulation, or curtailment under conditions stated in this Act.

SEC. 6. 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. 7. 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 and punishment, subject to exceptions provided under this Act.

SEC. 8. 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, health, property, public order and safety.

SEC. 9. 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 under this Act.

SEC. 10. Right to Disseminate Religious Publications. - The State shall

protect and promote the right of a person to disseminate religious 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 under this Act.

SEC. 11. Right of 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, free from discrimination, punishment, interruption, disturbance, violence, and threats thereto, subject to the exceptions provided under this Act.

SEC. 12. 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. 13. Right to Freedom against Discrimination in Employment. -

The State shall protect and promote the right of a person to equal opportunity and treatment, and non-discrimination in employment, by virtue of one's religious affiliation or belief.

SEC. 14. Right to Freedom against Discrimination in Educational

Institutions. - The State shall protect and promote the right of a person to be free from 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 standards or codes of behavior pursuant to their religious beliefs and disciplines.

SEC. 15. Right of Companies or Businesses to be Founded on

Religious Belief. - It shall be the right of businesspeople 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 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. 16. 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 a child who comes to the age of majority shall be respected in his or her choice of religious belief: Provided, further, That in such a case, parental authority under existing laws, such as the Civil Code of the Philippines, the Family Code, or the Child And Youth Welfare Code, as may be applicable, shall not be deemed diminished in any way.

SEC. 17. Prohibited Acts. - It shall be unlawful for any person, natural and

or juridical, to: a) Compel a person, by means of force, threat, intimidation, punishment, 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, punishment, 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; Compel a person, by means of force, threat, intimidation, punishment, 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; 12 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; 9) 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; h) 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, intimidation, punishment, 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 such publication does 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; 1) Deny employment to qualified applicants solely on the basis of religion;

m) Sever or terminate employment of a person solely on the basis of one's adherence to religious belief; and n) Commit any other act that curtails or violates the rights of a person to religious freedom as provided under this Act.

SEC. 18. Penalties. - Any person, natural or juridical, who violates Section

17 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 (Php100,000.00), but not exceeding Five Hundred Thousand Pesos (Php500,000.00), 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; and (2) For a juridical person - a fine of not less than One Hundred Thousand Pesos (Php100,000.00), but not exceeding Five Hundred Thousand Pesos (Php500,000.00), 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. b) For any subsequent violation: (1) For a private individual - a fine of not less than Five Hundred Thousand Pesos (Php500,000.00), but not exceeding Two Million Pesos (Php2,000,000.00), or imprisonment of not less than eight (8) years, but not more than ten (10) years, or both, at the discretion of the court; and (2) For a juridical person - a fine of not less than Five Hundred Thousand Pesos (Php500,000.00), 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.

SEC. 19. 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 III of the Constitution, which prohibits the 2 State from establishing any religion.

SEC. 20. Implementing Rules and Regulations. - Within ninety (90) days

4 after the effectivity of this Act, the Department of Justice (DOJ), Department of Labor 5 and Employment (DOLE), Department of Education (DepEd), Commission on Higher 6 Education (CHED), Legal Education Board (LEB), Commission on Human Rights (CHR), 7 Philippine Commission on Women (PCW), National Commission on Indigenous Peoples 8 (NCIP), and the National Commission on Muslim Filipinos (NCMF) shall, in coordination 9 with concerned government agencies and in consultation with other stakeholders, shall jointly formulate the rules and regulations to implement the provisions of this Act. The Chairperson of the CHR and the Secretary of the DOJ shall act as co-Chairpersons of the body that shall formulate the IRR.

SEC. 21. Separability Clause. - If any provision or part hereof is declared

unconstitutional or invalid, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

SEC. 22. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a newspaper of general circulation. Approved,