PHILIPPINES
Legal framework on freedom of religion and actual application
The current constitution of the Philippines, enacted in 1987, guarantees the free exercise of religion and provides for the separation of Church and State. Section 5 of Article III (“Bill of Rights”) states: “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.”[1] The preamble specifies that the constitution is promulgated by the “sovereign Filipino people” who, in so doing, are “imploring the aid of Almighty God”.
After Spain ceded the Philippines to the United States in 1898, many American ideas and cultural practices were adopted, including the separation of Church and State. According to Section 6 of Article II (“Declaration of Principles and State Policies”), the separation of Church and State “shall be inviolable”.
Section 28 of Article VI of the constitution provides that “[c]haritable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries,” as well as their land and buildings, are exempt from paying tax provided they are used exclusively “for religious, charitable, or educational purposes”.
Christianity has exercised great influence on the Philippine culture ever since the 1500s when the Spanish began their colonisation of the archipelago. Despite the constitutional separation of Church and State, the Roman Catholic Church retains an influential position in national politics, shaping, for example, the country’s educational system. One example of the Church’s historical influence is that the government permits religious instruction with the written consent of a student’s parents or guardians in State schools. Section 3 of Article XIV states: “At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours”.
While a predominantly Christian country, the Philippines has a small but significant Muslim minority (5-6 percent), particularly concentrated on the large southern island of Mindanao (24 percent across the whole island, and mostly living in the Bangsamoro Autonomous Region in Muslim Mindanao).[2] Most Muslims in Mindanao are Sunni.
The integration of the Muslim minority has been a significant and as yet unresolved issue in the country’s politics. In Mindanao, the followers of Islam, who were referred to as Moros (Moors) by the Spanish, make up one-quarter of the total local population but are a majority in some of the provinces. Despite the assertion in Section 1 of Article X of the constitution that “[t]here shall be autonomous regions in Muslim Mindanao,” repeated violent conflict between the Philippine Government and Moro Muslim insurgents has been ongoing since 1969.
Following peace agreements signed in 2018 between the Philippine government and the Moro Islamic Liberation Front (MILF), then President Rodrigo Duterte signed the Bangsamoro Organic Law (BOL). Ratified by a plebiscite in 2019, the BOL formally abolished the existing Autonomous Region in Muslim Mindanao and replaced it with a new entity officially known as the Bangsamoro Autonomous Region in Muslim Mindanao or, simply, Bangsamoro. It covers a larger geographic area, and its majority Muslim population enjoys greater autonomy.[3]
According to former President Duterte, “[t]he successful ratification of this Organic Law will enable us to create an environment that will be conducive to the peaceful coexistence between the Muslims, Christians, Lumads [indigenous people] and all tribes … who will consider Mindanao as their home”.[4] However, despite these peace efforts, terrorist groups excluded from government negotiations continue to engage in widespread attacks against non-Muslim religious communities across Mindanao, forcing their displacement.
With the ratification of the Bangsamoro Organic Law, a Shari‘a High Court, with jurisdiction over the region’s Muslim population, was established.[5] According to Presidential Decree No. 1083, the Philippine government recognises and authorises a Shari‘a circuit court judge from a shortlist of nominees submitted to the President by the Judicial and Bar Council.[6] For Muslims residing in other areas of the country to pursue legal action in a Shari‘a court, they must travel to the districts in Mindanao with recognised Shari‘a courts, which have authority only in matters of Muslim customary and personal law. Their jurisdiction is restricted to Muslims, and they have no authority over criminal matters. Moreover, they operate under the administrative supervision of the Supreme Court of the Philippines.
The Revised Penal Code, in place since 1930, criminalises certain acts committed in the context of religious worship. Article 133 prohibits anyone from performing “acts notoriously offensive to the feelings of the faithful” in a place of religious worship or “during the celebration of any religious ceremony”. Article 132 criminalises the prevention or disturbance of a religious service by an officer of the State.[7]In 2020, then President Duterte drove the Anti-Terrorism Act[8] through the Philippine Congress. This law established an Anti-Terrorism Council with the power to designate individuals as “terrorists” and authorised the government to detain suspects without a warrant or charges for up to 14 days.[9] The law has been criticised by human rights advocates for discouraging free speech and criminalising criticism of the government.[10]
In January 2023, the House of Representatives approved the third and final reading of the Magna Carta on Religious Freedom Act.[11] The Act ensures the protection of every person’s right to choose a religion or religious group, the right to exercise or express religious belief, practices, acts or activities, the right to act in accordance with conscience, the right to propagate religious beliefs, the right to disseminate religious publications, the right to religious worship and ceremonies, the right to organisational independence and the right to freedom from discrimination in employment.[12]
In July 2023, President Marcos Jr. adopted a national strategy to counter money laundering, terrorism, and the financing of illicit weapon proliferation, extending to 2027.[13]
In September 2024, Congress passed Senate Bill No. 2766, also known as the Comprehensive Anti-Discrimination Act, seeking to prohibit both direct and indirect discrimination based on protected attributes including “age, culture, indigenous identity, racial or ethnic origin, religious belief, sex, gender, sexual orientation, sex characteristics, gender identity, gender expression, disability, health status, and other attributes often subject to stigma and prejudice”.[14] Various faith communities, including Muslim, Christian, Jewish, and indigenous groups however, have expressed concerns that sections of the law including a “prohibition on employment discrimination, mandating that employers provide equal opportunities and accommodations for all individuals, regardless of gender, sexual orientation, or religious beliefs” could restrict the ability of faith-based organizations to operate in alignment with their doctrines.[15] Bill authors argue that provisions have been made to protect religious freedom, however, concerns remain as to the law’s interpretation and enforcement.
The Philippines is the only nation, apart from the Vatican, where divorce is illegal, although Muslims may divorce under Shari‘a. In May 2024, the House of Representatives passed the Absolute Divorce Bill. If passed by the Senate, divorce will become legal.[16] Catholic bishops in the Philippines urged people to consider the “long-term effects of legalising divorce”, and the impact on Filipino society.[17]
Incidents and developments
On 30 June 2022, Ferdinand “Bongbong” Marcos Jr. was sworn in as the 17th President of the Philippines, marking the Marcos family’s return to power after 36 years. His landslide victory occurred amid widespread corruption and increasing public discontent.[18] The previous Duterte administration was strongly criticised for the former President’s war on drugs and attempts to reinstate the death penalty.[19]
Muslim separatist groups have continued to wage attacks in the country. In December 2023, Philippine troops battled Islamic terrorists in the southern province of Maguindanao Del Sur on the island of Mindanao, killing 11 militants.[20]
Also in December 2023, a bomb exploded during a Catholic Mass held at the Mindanao State University, killing four people and injuring 50. The attack was attributed to the Islamist Daulah Islamiyah-Maute terrorist group.[21]
In January 2024, nine suspected members of the Dawlah Islamiyah-Maute terrorist group were killed in the upland village of Tapurog in Piagapo, Lanao del Sur.[22] On 12 February, the Philippines Armed Forces confirmed the death of a key commander of Daulah Islamiyah-Maute and stated that the ISIS linked group was on the brink of collapse.[23]
On 19 May 2024, a grenade was thrown into a chapel in Cotabato City on the island of Mindanao, injuring two people among the twenty worshippers. Cardinal Orlando Quevedo, Archbishop Emeritus of Cotabato condemned the attack as a “horrendous sacrilegious act that cries out to heaven.”[24] No group claimed responsibility. Secretary Carlito Galvez Jr. of the Office of the Presidential Adviser on Peace, Reconciliation, and Unity stated: “This horrendous act of violence, carried out on Pentecost Sunday, a day of religious significance for Catholics, is a direct attack on the Filipino people’s commitment to religious freedom and peaceful coexistence and blatant disregard for human life”.[25] Throughout the reporting period, the 2020 Anti-Terrorism Act has exacerbated the practice of “red tagging,” whereby human rights defenders and social justice organisations are labelled as fronts for communist insurgency. This has led to increased incidents of arrests without warrants, arbitrary detention, torture, enforced disappearances and extrajudicial killings.[26]
Red tagging has particularly been applied to indigenous people seeking to protect their land from mining companies exploiting transition metals such as copper and nickel, in great demand for making wind turbines and solar panels. Between 2012 and 2023, 117 indigenous people were killed attempting to defend their land, 64 of them by the army.
Fr Raymond Montero-Ambray, a Catholic priest based in Mindanao stated: “I have personally witnessed how military operations are employed to threaten Indigenous leaders and activists, labelling them as insurgents or terrorists simply for opposing mining incursions.”[27]In 2022, the Catholic Bishops’ Conference of the Philippines issued a pastoral letter saying it would reject “dirty donations of whatever kind” from the mining industry.[28]
According to human rights groups, in July 2024 there were 51 people designated as “terrorists”. Critics have described the law as the “second coming of martial law” in the country.[29]
In August 2022, criminal charges were brought against 16 individuals, including several nuns from the Rural Missionaries of the Philippines, for allegedly financing terrorism and violating the anti-terrorism law.[30] The group was accused of providing funds to the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA). Human rights organisations criticised the Justice Department for allegedly expediting the case without transparency, denying the accused a fair opportunity to present a defence.[31] On 9 January 2023, a court in Manila acquitted the nuns, Sr Emma Cupin and Sr Elenita Belardo, of perjury.[32]
In July 2024, Archbishop Paul Richard Gallagher, the Vatican’s Secretary for Relations with States and International Organisations, visited the Philippines to promote dialogue, peace initiatives and cooperation with the Catholic community. During a meeting at the Malacañang Presidential Palace, President Ferdinand Marcos emphasised the Philippines’ deeply rooted Catholic identity, describing the country as “not only a Catholic country, but a very Catholic country” and highlighting the enduring partnership between the Philippines and the Holy See.[33]
A major human rights concern in the Philippines is the persistent targeting of journalists, particularly radio broadcasters, as reflected in the country’s ranking of 132 out of 180 in the Reporters Without Borders’ 2024 World Press Freedom Index.[34] According to Reporters Without Borders, 147 journalists have been killed since 1986.[35]
On 12 March 2025, former President Rodrigo Duterte was handed over to the International Criminal Court, having been arrested in the Philippines on charges of being indirectly responsible for crimes against humanity, including murder, torture and rape. The court found that the former President had agreed to the killing of thousands of criminals, or people considered to have a criminal propensity, especially drug offenders.[36]
Prospects for freedom of religion
The prospects for religious freedom in the Philippines remain unclear. Although the Bangsamoro Organic Law has somewhat eased violence between the government and the Muslim community in Mindanao, Islamist terrorist groups continue to attack mainly Christian communities across the island causing injury and death.
In legal developments, although the constitution guarantees freedom of religion, Christians fear that the 2024 Comprehensive Anti-Discrimination Act — particularly the law’s interpretation and enforcement of provisions relating to gender identity and sexual orientation challenging the religious institution’s ability to hire staff and conduct their activities according to their faith beliefs — may pose a challenge to religious freedom. Finally, concerns persist regarding the misuse of the anti-terrorism law — specifically practices such as red tagging — to target government critics, including religious leaders and human rights defenders.
The prospects for religious freedom in the country remain unchanged.
Sources
Philippines