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