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Spain ceded the Philippines to the United States in 1898.

By the end of February,


1902, American forces had defeated the Philippine forces seeking to establish an
independent Philippine republic. The Philippine Organic Act of 1902 provided,
among other things, "That no law shall be made respecting an establishment of
religion or prohibiting the free exercise thereof, and that the free exercise and
enjoyment of religious profession and worship, without discrimination or preference,
shall forever be allowed." [18]
Schumacher cites that William Howard Taft, the head of the Second Philippine
Commission and the first civil governor of the Philippine Islands, was very much
aware of the need to defuse anti-friar feeling throughout the islands. He requested
the friars be leave their parish posts. Many of the friars left voluntarily, and were
replaced by native Filipino priests in lower ranks and American bishops in the ranks
of the episcopacy. Negotiations also began for the compulsory sale of vast Roman
Catholic Church holdings. Although the sale was affected by pressure from
influential sectors like some bishops and certain delegates, it achieved Tafts goal of
sequestering all the Roman Catholic Church lands, something that the ill-fated
Philippine Republic had failed to achieve. After taking the land, the governor
intended to redistribute the land.[15][19] This not only reduced the financial
position of the Roman Catholic Church, but also diminished the influential clout it
had during the Spanish colonial period.
American jurisprudence reintroduced separation of church and state relying on the
First Amendment and the metaphor of Thomas Jefferson on the wall of separation...
between church and state[20] (10), but the Philippine experience has shown that
this theoretical wall of separation has been crossed several times by secular
authorities. Schumacher states that in 1906, the Philippine Supreme Court
intervened in the issue of parish ownership by returning assets seized by the
Philippine Independent Church, while certain charitable organizations managed or
influenced by the Roman Catholic Church were either returned or sequestered.

The provision of the 1935 charter on religion mimicked the First Amendment to the
United States Constitution, but the sentences
The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall be forever allowed. No religious test shall be
required for the exercise of civil or political rights were appended and this section
became the basis for the non-establishment of religion and freedom of religion in
the Philippines.[21]
With the guarantee of religious freedom in the Philippines, the Roman Catholic
Church clergy subsequently remained in the political background as a source of
moral influence for many voters during elections until today. Political candidates
generally court the clergy for support, although this does not guarantee victory for a

candidate. The Philippines was placed under martial law by dictator Ferdinand
Marcos and relations changed dramatically, as some bishops opposed the martial
law.[22]
Notes[edit]
Jump up ^ "2003 RP Supreme Court ruling in Estrada vs. Escritor".
^ Jump up to: a b c d "2006 RP Supreme Court ruling in Estrada vs. Escritor".
Jump up ^ 494 U.S. 872 (Text of opinion in Employment Division v. Smith from
Findlaw.com)
Jump up ^ "As Justice Sandra Day O'Connor insisted in her strong dissent from the
rationale in Smith, the First Amendment was "enacted precisely to protect the rights
of those whose religious practices are not shared by the majority and may be
viewed with hostility.... The compelling interest test reflects the First Amendment's
mandate of preserving religious liberty to the fullest extent possible in a pluralistic
society. For the Court to deem this command a luxury, is to denigrate [t]he very
purpose of a Bill of Rights.", Flowers 2007, p. 161
Jump up ^ McConnell 1990
Jump up ^ de la Costa 1978, p. 1
Jump up ^ de la Costa 1978, pp. 23
Jump up ^ Agoncillo 1990, pp. 8081
Jump up ^ Agoncillo 1990, p. 74
Jump up ^ Agoncillo 1990, p. 75
Jump up ^ Agoncillo 1990, p. 79
Jump up ^ Agoncillo 1990, p. 125
Jump up ^ Agoncillo & Guerrero 1970, p. 276
Jump up ^ Agoncillo 1990, p. 206
^ Jump up to: a b Schumacher 1976
Jump up ^ de la Costa 1978, p. 31
Jump up ^ Kalaw, Maximo M. (1927). "The development of Philippine politics".
Oriental commercial. p. 431.
Jump up ^ "Philippine Organic Act of 1902". Chanrobles law library. Retrieved 200707-08.

Jump up ^ de la Costa 1978, pp. 3839


Jump up ^ Goldberg 1987, p. 10
Jump up ^ Sison 1988, p. 14
Jump up ^ Bacani 1987, p. 75
Jump up ^ Sison 1988, p. 5
Jump up ^ Bernas 1995, p. 86
Jump up ^ Bacani 1987, p. 105
References[edit]
Books[edit]
Agoncillo, Teodoro; Guerrero, Milagros (1970). History of the Filipino People. Malaya
Books.
Agoncillo, Teodoro (1990). History of the Filipino People. Quezon City, Philippines:
GAROTECH Publishing. ISBN 971-8711-06-6.
Bacani, Teodoro (1987). The Church and Politics. Diliman, Quezon City, Philippines:
Clarentian Publications. ISBN 971-501-172-1.
Bernas, Joaquin (1995). The intent of the 1986 Constitution writers. Quezon City,
Philippines: REX Book Store.
de la Costa, Horacio (1978). Church and State under the Patronato Real. Quezon
City, Philippines: Loyola School of Theology.
Flowers, Ronald B (2007). That Godless Court?: Supreme Court Decisions on ChurchState Relationships. Westminster John Knox Press. ISBN 0-664-22891-7. Review by
the Council on Spiritual Practices
Goldberg, George; Horacio de la Costa (1987). Church, State and Constitution. New
York: Regnery Gateway.
Schumacher, John (1976). Church and State in the Nineteenth and Twentieth
Centuries. Loyola School of Theology, Quezon City.
Sison, Carmel (1988). Comparative study of the 1987, 1973 and 1935 Philippine
constitutions. Diliman, Quezon City, Philippines: Law Publishing House, Legal
Resources Center, U.P. Law Complex.
Journal articles[edit]

McConnell, Michael W. (May 1990). "The Origins and Historical Understanding of


Free Exercise of Religion". Harvard Law Review 103 (7): 14091513.
doi:10.2307/1341281. JSTOR 1341281.
Further reading[edit]
Cornelio, J.S. (2013). "Religious freedom in the Philippines: From legalities to lived
experience". Review of Faith and International Affairs 11 (2): 36-45.
http://www.tandfonline.com/doi/abs/10.1080/15570274.2013.808036
de la Costa, Horacio; John Schumacher (1976). Church and State: The Philippine
Experience. Quezon City, Philippines: Loyola School of Theology.
External links
An article by Horacio De La Costa S.J. (archived from the original on 2002-04-02)
International Religious Freedom Reports Released by U.S. Department of State

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