Revisiting a Flag Salute Case: The Law of the State as Opposed to the Right of Minority

Gerlie  C. Ogatis,; Ana Marie  Bautista,; Rosabella  Nealega,; Ailene  Rosialda,

Revisiting a Flag Salute Case: The Law of the State as Opposed to the Right of Minority

Rosabella Nealega | Ailene Rosialda | Gerlie C Ogatis | Ana Marie Bautista

Discipline: Politics

Abstract:

The state as an agent responsible to secure social order is oftentimes given high regard by its citizens based on the premise that it can also guarantee protection of rights through the formulation of laws that set legal boundaries in safeguarding the interests of the people. The state is the actual reality of an ethical idea according to some philosophers, like Hegel, because it is created with a noble purpose of upholding the common good of its subjects, the essence of which is to secure happiness and safety for all. Conflicts may, however, arise in occasions where individual rights run counter with the policies of the land. This is the focus of this study; on the one hand, an intriguing exposition on the exercise of religious freedom of a minority group, and on the other, its conflict with the legal policies promoting a conceived general welfare for the country.

References:

Amolo, et al. vs. The Division Superintendent of Schools of Cebu and Antonio Sangutan. G.R. No. 95887 March 1, 1993. (from the opinion of Griño-Aquino, J.) http://source.gosupra.com/docs . Accessed May 17, 2017.
Article XIV Section 1. 1987 Philippine Constitution. http://www.gov.ph/constitutions/the1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-ofthe-republic-of-the-philippines-article-xiv . Accessed last May 18, 2017.
Basinger, David. Religious Diversity (Pluralism). https://plato.standford.edu. Accessed last May 16, 2017.
Buber, Martin. The Way of Response. Edited by Nahum N. Glatzer. Schucken Books Inc., 1975.
Estrada v. Escritor, A.M. No. P-02-1651,408 SCRA 1, 134 (August 4, 2003). Friedrich, Carl. The Philosophy of Hegel. Random House Inc., 1954.
Hertz, Eli E. Freedom of Religion. http://docslide.net/documents/freedom-of-religion. Accessed May 15, 2017. http://plj.upd.edu.ph/wp-content/uploads/2016/05/89-03-drawing-the-line-on-the-religious-line-item-veto . Accessed May 14, 2017.
Ogatis, Gerlie C. “Cultivating Constructive Civic Emotions: Why Compassion Matters in Human Survival during the Covid-19 Pandemic.” Mabini Review, (2019): 149-173.
Phua, Kai-Lit. “Ethical Dilemmas in Protecting Individual Rights Versus Public Protection in the Case of Infectious Diseases”. Infectious Diseases: Research and Treatment 6 (2013).
Pramil v. Teleron, G.R. No. L-34584, 86 SCRA 413 (Nov. 20, 1978) (Munoz-Palma, J.,dissenting).
Roel Ebralinag, et al. vs. the Division Superintendent of Schools of Cebu, et al. G.R. Number 95770. http://source.gosupra.com/docs/decision/22340 (December 29, 1995). Accessed May 16, 2017.
Sandel, Michael. Justice: What’s the Right Thing to Do? D & M Publishers Inc., 2010. Steinberg, Justin. Spinoza’s Political Philosophy. https://plato.standford.edu . Accessed May 16, 2017.