G.R. No. L-13954 August 12, 1959
GENARO GERONA, ET AL., petitioners-appellants, vs. 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.
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 Manila Department Order No. 8, s. 1955
|July 21, 1955 |
COMPULSORY DAILY FLAG CEREMONY IN ALL PUBLIC AND PRIVATE SCHOOLS