4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly "comprehensive enough to include religious corporations"[11] such as the Central Philippine Union Mission Corporation of the Seventh-Day Adventists. The Court found that the Seventh-Day Adventists failed to prove that Austria pocketed tithes an offerings from its faithful; hence, Austria was deemed illegally dismissed. The SeventhDay Adventists was thus ordered to reinstate Austria to his former position as pastor and to even pay him backwages, among others.[12] In my view, Austria too conveniently disposed of an important constitutional issue by framing the case as a labor dispute. Austria involved a pastor removed by his church. He then appealed his dismissal to the secular courts, praying that his church be ordered to reinstate him. The principle of separation of Church and State was certainly applicable, if not central, in Austria. The very controversy that the religion clauses bar secular courts from resolving is whether or not a church followed its internal procedure for removing its pastors, ministers, and all those of equivalent authority. Taking cognizance of such cases will directly violate the separation of Church and State. If secular courts are to reverse the decision of the ecclesiastical tribunal, it will be infringing on a church's freedom to choose who its religious leaders should be. If the State orders a church to retain a dismissed minister, it will be interfering with ecclesiastical affairs. Distinguishing between an ecclesiastical affair and a secular matter is theoretically and conceptually understandable. In actuality, however, employment disputes between churches and their ministers will necessarily involve matters traditionally regarded as secular. As a leadership position, being a minister will involve administrative functions such as handling of church funds as well as managing personnel. The approach taken by the Court in Austria avoids the reality that the duties of a minister cannot be purely ecclesiastical. While not controlling in this jurisdiction, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission[13] is notable for introducing the concept of "ministerial exception." Under this concept, secular courts are barred from taking cognizance of employment controversies between churches and their ministers on the basis of the First Amendment. Hosanna-Tabor Evangelical Lutheran Church and School employed Cheryl Perich (Perich) as one of its "called teachers." "Called" teachers, as opposed to "lay" ones, had to undergo a "colloquy" program at a Lutheran college or university. "Called" teachers were required to take courses in theology, in addition to the endorsement of their local Synod district and an oral examination.[14] It took six (6) years for Perich to finish the program.[15] Into her fifth year of teaching in Hosanna-Tabor, Perich developed narcolepsy, which required her to take a one-year disability leave. When she notified the school of her return, the school replied that it had already contracted a "lay" teacher, one who need not undergo the "colloquy" program or to even be Lutheran, to teach in her place. Perich insisted on returning and to not resign, informing the school that she had already sought legal counsel and would be asserting her rights. This led the local Synod https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66079 11/24