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DO No. 105 S. 2010

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Republic of the Philippines

Department of Education
DepEd Complex, Meralco Avenue, Pasig City

DepEd O R D E R
OCT 1 4 2010
No. 1 05,s. 2010

REITERATING THE CONSTITUTIONAL RIGHT OF DEPED PERSONNEL


AND STUDENTS TO FREE EXERCISE OF RELIGION

To: Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Units
Regional Directors
Schools Division / City Superintendents
Heads, Public Elementary and Secondary Schools
All Others Concerned

1. The right of a man to worship God in his own view is guaranteed by the Bill
of Rights under Article III, Section 5 of the 1987 Constitution of the Philippines
which states that:

"No law shall be made respecting an establishment of religion, or


prohibiting the free exercise thereof. The f ree 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."

2. DepEd Memorandum No. 3, s. 2010 was issued on January 10, 2010


advising all DepEd officials to ensure that the free exercise of religion by DepEd
personnel are respected in the course of the regular operations of the Department.

3. Said memorandum, specifically mentioned that DepEd personnel belonging


to the Seventh-Day Adventist Church should not be required to attend seminars,
examinations, trainings and other professional development activities held on
Saturday, which is their day of rest or church day, in accordance with their
religious beliefs. However, in some public elementary and secondary schools, there
is a practice of conducting special or make-up for the suspension of classes during
typhoons or for any other reasons every Saturday for a particular duration of time.
Hence, there are some complaints of discrimination and non-compliance with the
provisions of DepEd Memorandum No. 3, s. 2010 in relation to the exercise of the
right to religious worship by teachers. Likewise, there are complaints that said
DepEd Memorandum excludes affected students from its coverage.

4. Accordingly, all concerned are hereby informed and advised of the following:

a. DepEd personnel and students belonging to any religious group,


where Saturday is their day of rest or "church day," should not be
required to attend seminars, examinations, special classes,
trainings and other school activities on Saturdays;
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b. There should be no diminution or deduction in the salaries (in the
case of teachers) or no effect in the grades (in the case of students)
for those teachers and students who incur absences on Saturdays
due to the exercise of their right to religious worship; and

c. An arrangement should be made by the concerned teacher/


personnel with the school head for the performance of functions
or by the concerned students with the teacher for the completion
of school requirements, without prejudice to their right to free
exercise of religion.

5. Immediate and wide dissemination of and strict compliance to this Order is


directed.

BR. TRO FSC


Secretary

Reference:
DepEd Memorandum: (No. 3, s. 2010)

To be indicated in the Perpetual


Index under the following
subjects:

RELIGION
STUDENTS
TEACHERS

Madel:c:Free Exercise
Religion 10-12-10

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