October 14, 2010
DO 105, s. 2010
Reiterating the Constitutional Right of DepEd Personnel and
Students to Free Exercise of Religion
1. The right of a man to worship God in his own view is
guaranteed by the Bill of Rights under Article III, Section 5 of the 1987
Constitution of the Philippines which states that:
“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 po litical rights.”
2. DepEd Memorandum No. 3, s. 2010 was issued on January 10,
2010 advising all DepEd officials to ensure that the free exercise of religion
by DepEd personnel are respected in the course of the regular operations of the
Department.
3. Said memorandum, specifically mentioned that DepEd personnel
belonging to the Seventh-Day Adventist Church should not be required to attend
seminars, examinations, trainings and other professional development activities
held on Saturday, which is their day of rest or church day, in accordance with
their religious beliefs. However, in some public elementary and secondary
schools, there is a practice of conducting special or make-up for the suspension
of classes during typhoons or for any other reasons every Saturday for a
particular duration of time. Hence, there are some complaints of discrimination
and non-compliance with the provisions of DepEd Memorandum No. 3, s. 2010 in
relation to the exercise of the right to religious worship by teachers.
Likewise, there are complaints that said DepEd Memorandum excludes affected
students from its coverage.
4. Accordingly, all concerned are hereby informed and advised
of the following:
- DepEd personnel and students belonging to any religious group, where Saturday is their day of rest or “church day,” should not be required to attend seminars, examinations, special classes, trainings and other school activities on Saturdays;
- There should be no diminution or deduction in the salaries (in the case of teachers) or no effect in the grades (in the case of students) for those teachers and students who incur absences on Saturdays due to the exercise of their right to religious worship; and
- An arrangement should be made by the concerned teacher/ personnel with the school head for the performance of functions or by the concerned students with the teacher for the completion of school requirements, without prejudice to their right to free exercise of religion.
Sgd.
Br. Armin A. Luistro FSC
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