4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly [35] Id. at 8. [36] Id. at 40, Complainant's Position Paper. [37] Reyes v. Glaucoma Research Foundation, supra note 27 at 792. [38] Long v. Basa, 418 Phil. 375, 397 (2001). [39] Supra note 36. SEPARATE CONCURRING OPINION LEONEN, J.: I concur in the result of the ponencia written by Justice Alexander G. Gesmundo. The exclusion of respondent Ricardo Villaflor (Villaflor), Jr. as a member of Abiko Baptist Church in Japan is an ecclesiastical affair and is, therefore, beyond the ambit of this Court's jurisdiction to resolve. However, I am of the view that his removal as a missionary was likewise ecclesiastical in nature, having been done in the exercise of Abiko Baptist Church's right to select and control who to minister its faithful. As discussed in the ponencia, an ecclesiastical affair is "one that concerns doctrine, creed or form or worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership, and the power of excluding from such associations those deemed unworthy of membership."[1] All that has no relation with the practice of faith, worship, or doctrine is considered secular.[2] Determining whether a controversy involves an ecclesiastical affair or a secular matter is, in turn, essential in determining whether civil courts may take cognizance of it. If the controversy involves an ecclesiastical affair, civil courts must yield to the decision of the ecclesiastical tribunal, in deference to two key provisions of the Constitution. In Article II, Section 6, the Constitution declares that "[t]he separation of Church and State shall be inviolable." The Bill of Rights in Article III, Section 5 provides for the non-establishment and free exercise clauses, thus: ARTICLE III Bill of Rights Section 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. Under Article III, Section 5, it is the State's duty to respect the free exercise of any religious faith. The State is likewise forbidden from establishing, endorsing, or favoring https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66079 9/24

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