G.R. No. L-13954 August 12, 1959
GENARO GERONA, ET AL., petitioners-appellants,
THE HONORABLE SECRETARY OF EDUCATION, ET AL., respondents-appellees. K.V. Felon and Hayed C. Cavington for appellant.
Office of the Solicitor General Edilberto Barot and Solicitor Conrado T. Limcaoco for appellees. MONTEMAYOR, J.:
Petitioners are appealing the decision of the Court of First Instance of Masbate dismissing their complaint. Acting upon the "Urgent Motion for Writ of Preliminary Injunction" filed on behalf of petitioners of December 12, 1958, and without objection on the part of the Solicitor General, by resolution of this Court of December 16, we issued the corresponding writ of preliminary injunction restraining respondents from excluding or banning petitioners-appellants, their children and all other of Jehovah's Witnesses for whom this action has been brought, from admission to public schools, particularly the Buenavista Community School, solely on account of their refusal to salute the flag or preventing their return to school should they have already been banned, until further orders from this Court. The facts involved are not disputed. On June 11, 1955, Republic Act No. 1265 was approved and went into effect. Acting upon section 2 of said Act authorizing and directing the Secretary of Education to issue or cause to be issued rules and regulations for the proper conduct of the flag ceremony, said Secretary issued Department Order No. 8, series of 1955 on July 21, 1955 which Department Order quoting Republic Act No. 1265 in its entirety, we reproduce below for purpose of reference: "Republic of the Philippines
Department of Education
Office of the Secretary
No. 8, s. 1955
|July 21, 1955 |
COMPULSORY DAILY FLAG CEREMONY IN ALL PUBLIC AND PRIVATE SCHOOLS To the Director of Public Schools and the Director of Private Schools: 1. Quoted below is Republic Act No. 1265 entitled "An Act making Flag Ceremony Compulsory in all Educational Institutions," which is self-explanatory. SECTION 1. All educational institutions henceforth observe daily flag ceremony, which shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem. SECTION 2. The Secretary of Education is hereby authorized and directed to issue or cause to be issued rules and regulations for the proper conduct of the flag ceremony herein provided. SECTION 3. Failure of refusal to observe the flag ceremony provided by this Act and in accordance with rules and regulations issued by the Secretary of Education, after proper notice and hearing, shall subject the educational institution concerned and its head to public censure as an administrative punishment which shall be published at least once in a newspaper of general circulation. In case of failure to observe for the second time the flag ceremony provided by this Act, the Secretary of Education, after proper notice and hearing, shall cause the cancellation of the recognition or permit of the private educational institution responsible for such failure. SECTION 4. This Act shall take effect upon its approval. Approved, June 11, 1955.
2. As provided in Section 2 of the Act, the rules and regulations governing the proper conduct of the required flag ceremony, given in the in closure to this Order, are hereby promulgated. These rules and regulations should be made known to all teachers and school officials, public and private. The patriotic objective or significance of the Act should be explained to all pupils and students in the schools and to all communities through the purok organizations and community assemblies. |(Sgd.) G. HERNANDEZ, JR. | |Secretary of Education...