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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VI. BILL OF RIGHTS (1987 Constitution, Art. III) ▸ 3. Separation of Church and State - 1987 Constitution, Art. II, sec. 6

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Question

VI. BILL OF RIGHTS: Separation of Church and State

An elementary school in a certain province has been including a daily prayer at the start of the school day. The prayer is led by a teacher and is based on the religious beliefs of the majority of the students. One of the parents, however, objects to this practice and argues that it violates the principle of separation of church and state as enshrined in the 1987 Constitution. The school administration, on the other hand, justifies the practice, stating that it is a long-standing tradition and is not intended to impose any particular religious belief on the students.

Based on the given scenario and the relevant provisions of the 1987 Constitution, answer the following questions:

  1. Is the inclusion of a daily prayer in the school's activities a violation of the principle of separation of church and state? Explain.
  2. What legal recourse or remedies are available to the parent who objects to the practice? Discuss.
  3. Should the school administration be allowed to maintain the practice on the grounds of tradition? Why or why not?

Answer

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