4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
member who is expelled from the membership by the church
authorities, or a priest or minister who is by them. deprived of his
sacred office, is without remedy in the civil courts, which will not
inquire into the correctness of the decisions of the ecclesiastical
tribunals." (Emphasis ours)
Obviously recognizing the peculiarity of a religious corporation, the
Corporation Code leaves the matter of ecclesiastical discipline to the
religious group concerned.
Section 91 of the Corporation Code, which has been made explicitly
applicable to religious corporations by the second paragraph of Section 109
of the same Code, states:
"SECTION 91. Termination of membership. — Membership shall
be terminated in the manner and for the causes provided in the
articles of incorporation or the by-laws: Termination of
membership shall have the effect of extinguishing all rights of a
member in the corporation or in its property, unless otherwise
provided in the articles of incorporation or the by-laws."
(Emphasis ours)
Moreover, the petitioners really have no reason to bewail the lack of prior
notice in the By-laws. As correctly observed by the Court of Appeals, they
have waived such notice by adhering to those By-laws. They became
members of the CHURCH voluntarily. They entered into its covenant and
subscribed to its rules. By doing so, they are bound by their consent.[20]
Indeed, upon showing of sufficient proof, the Court will not hesitate to uphold the
exercise of religious freedom over property rights to income and even to abode, once
the church hierarchy has made its. decision involving ecclesiastical matters.
Accordingly, an intrusion into the church's religious freedom in disciplining and in
expelling its missionaries cannot be countenanced, as in this case. Hence, I concur with
the ponencia and vote to GRANT the Petition.
[1] Watson v. Jones, 80 U.S. 679, 722 (1871).
[2] Section 1(7), Article III.
[3] Section 8, Article IV.
[4] Joaquin G. Bernas, SJ, THE 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES: A COMMENTARY 318 (2003).
[5] 565 U.S. 171 (2012).
[6]
The First Amendment reads: "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66079
21/24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents