Voting 256 against one and three abstentions, the House of Representatives on Monday passed on third reading the proposed Magna Carta on Religious Freedom Act or House Bill (HB) 6492.
HB 6492 prohibits the government or any person to burden, curtail, impinge or encroach on a person’s right to exercise his/her religious belief, freedom, and liberty of conscience except if the act results in violence or if it is necessary to protect the public.
“It is the declared policy of the State to protect and uphold the fundamental and inalienable right of every person to freely choose and exercise one’s religion and beliefs and to act and live according to one’s conscience,” the lawmakers said.
The solons noted that such right is guaranteed under Section 5, Article III of the Constitution and other international human rights instruments to which the State is a party or that it adheres thereto, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Declaration on the Elimination on All Forms of Intolerance and Discrimination Based on Religion and Belief.
“The right of every Filipino to profess, practice, and propagate religious beliefs must always be recognized, respected, allowed, and protected,” they added.
HB 6492 was among several bills the House, under the leadership of Speaker Ferdinand Martin G. Romualdez, passed on the first day of the resumption of its session after a month-long Christmas break.
The proposed law seeks to operationalize Section 5, Article III of the 1987 Constitution which provides that “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.”
Section 6 of HB 6492 states that the right to freedom of religion can be denied, regulated, burdened, or curtailed only if it can be demonstrated that (1) the free exercise of religious freedom or conscience results to violence; and (2) it is necessary to protect public safety, public order, health, property, and good morals. The bill does not apply to the act of the Government in enacting laws in the exercise of its police power.
The bill explicitly protects 12 rights: Right to Choose a Religion or Religious Group; Right to Exercise or Express Religious Belief, Practices, Acts or Activities; Right to Act in Accordance with Conscience; Right to Propagate Religious Beliefs; Right to Disseminate Religious Publications; Right to Religious Worship and Ceremonies; Right to Organizational Independence; Right Against Discrimination in Employment; Right to Freedom Against Discrimination in Educational Institutions; Right of Companies or Businesses to be Founded on Religious Belief; Right of Parents or Legal Guardians to Rear Children; and Right to Tax Exemption.
Under Section 19, it will be unlawful for any person, natural or juridical (1) to compel a person, by means of force, threat, intimidation or undue influence, to choose or not to choose a particular religious group, or to subscribe to a particular religious belief; (2) or threaten a person with harm or exert undue influence or pressure to prevent such person from changing one’s religion or belief.
The bill also prohibits (3) exerting undue influence over the decisions made by any leader or leaders of a religious community through monetary, political, social and personal gains as well as parochial interest; (4) denying employment to qualified applicants solely on the basis of religion; and (5) terminating employment of a person solely on the basis of one’s adherence to religious beliefs. Ten other types of violations are listed under the provision.
The bill also provides penalties for violation of Section 19 such as fines ranging from a P50,000 to P2 million or imprisonment of six years and 1 day up to 10 years, depending on the offense and the offender.
The proposed legislation further mandates the Secretary of the Department of Justice (DOJ) to establish, maintain and publicize a toll-free number to provide timely and accurate information and
respond to queries regarding the rights protected under the measure.
Principal authors of the bill include Camarines Sur Reps. Luis Raymund “Lray” F. Villafuerte, Jr., Miguel Luis R. Villafuerte, Tsuyoshi Anthony G. Horibata and Gabriel H. Bordado, Jr.; BICOL SARO Party List Rep. Nicolas V. Enciso VIII, CIBAC Party List Rep. Eduardo “Bro. Eddie” C. Villanueva, Manila Rep. Bienvenido M. Abante, Jr., Tarlac Rep. Noel “Bong” N. Rivera, Maguindanao and Cotabato Rep. Bai Dimple I. Mastura, and Majority Leader Manuel Jose “Mannix” M. Dalipe.