Stone v Graham

November 17, 1980 449 U.S. 39 (1980)

Kentucky Law

"(1) It shall be the duty of the superintendent of public instruction, provided sufficient funds are available as provided in subsection (3) of this Section, to ensure that a durable, permanent copy of the Ten Commandments shall be displayed on a wall in each public elementary and secondary school classroom in the Commonwealth. The copy shall be sixteen (16) inches wide by twenty (20) inches high."

Kentucky Law

"(2) In small print below the last commandment shall appear a notation concerning the purpose of the display, as follows: 'The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States.

Kentucky Law

"(3) The copies required by this Act shall be purchased with funds made available through voluntary contributions made to the state treasurer for the purposes of this Act."

Establishment and Free Exercise Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Lemon Test [LEMON v. KURTZMAN,403 U.S. 602 (1971)]

First, the statute must have a secular legislative purpose; Second, its principal or primary effect must be one that neither advances nor inhibits religion and finally, the statute must not foster "an excessive government entanglement with religion.

ABINGTON SCHOOL DIST. v. SCHEMPP

As Surely the place of the Bible as an instrument of religion cannot be gainsaid.

Stone v Graham
In the Philippine Setting

1987 Philippine Constitution Art 2, Sec 6

The separation of Church and State shall be inviolable.

1987 Philippine Constitution Art 3, Sec 5

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 political rights.

Relevant Laws
At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors esignated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government. (1987 Constitution -Art XIV, Section 3(3).

Relevant Jurisprudence
the general rule is that where local statutes are patterned after or copied from those of another country, the decisions of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes -Wise & Co. v. Meer, 78 phil 655 (1915)

Relevant Jurisprudence
American decisions and authorities are not per se controlling in this jurisdiction. At best, they are persuasive for no court holds a patent on correct decisions. -Republic of the Philippines v Meralco [GR No 14131] (April 9, 2003)

Relevant Jurisprudence
33rd International Eucharistic Congress celebration in the City of Manila -Aglipay v Ruiz [G.R. No. L-45459] (March 13, 1937)