MUSINGS: A NOTE ON THE SEPARATION OF CHURCH AND STATE

By: Rev. Fr. Fran D. Villegas, Ph. L., M.A.

Since the issue on the separation of Church and State resurfaces, let us clarify this matter once again. Let this be my little contribution to a reasoned public discourse. 

It is commonly believed that there is an impervious wall separating the Church and the State. And when church people (bishops, priests, & nuns; by the way, the Church is bigger than this triumvirate. The laity — you — forms the biggest part of the Church) say something against a bill or policy or misdeeds done by the government, some would mindlessly parrot, “Separation of Church and State! Huwag makialam ang Simbahan sa politika!”

The Constitution says that the "separation of the Church and the State shall be inviolable"(Section 6, Art. II). This provision is more of a restriction on the powers of the State than on the Church. This is actually an injunction imposed by the State upon itself. This section also must be taken in conjunction with Section 5, Article III of the Constitution, which also provides that "no law shall be made respecting an establishment of religion, or prohibiting the free expression thereof." 

According to the highly respected Constitutionalist, Fr. Joaquin Bernas, S.J., Section 5 of the Bill of Rights contains two essential parts — (1) the non-establishment of a religion clause, and (2) the free exercise of religion clause. The first one (1) is a negative command of the Constitution directed to the State that it cannot establish a state religion. Then the second one (2) is the pertinent part of that constitutional provision for church people for it commands and guarantees the free exercise of religion. 

However, this does not automatically mean that the State cannot intervene in church matters. This rather means that when a certain religious belief becomes an act destructive to the society and goes against the laws of the State, for example: polygamy, human sacrifice, and other crimes, then that falls within the police powers or regulation of the government. Let me give a concrete example: in 2015 the Iglesia ni Cristo (1914) protested and questioned the authority of the Department of Justice, then headed by Sec Leila De Lima. Its members shouted, “Separation of Church and State!” However, it must be recalled that there were allegations of crimes and charges were filled before the Department of Justice. This department is mandated by law to investigate and determine probable cause. The trial is a secular matter, not a religious one. Therefore, the “Separation of Church and State” cannot be applied. 

In the same manner, there is nothing in this constitutional provision that bars or prohibits church people, most especially the clergy and nuns, from voicing out objections and criticisms on matters considered “political.” It is utterly non-sensical for one to deny the Church its right of freedom of speech and opinion. Just because the Church is a religious group that it cannot voice its concerns or criticize wrongdoings. To argue on this ground is wrong. And let us be reminded that these same church people are citizens of this county who have constitutionally guaranteed rights like anyone else.

They say, “Huwag makialam ang Simbahan sa politika!” Is this correct? Do you want a church silent in the face of crimes and injustices? Then the Catholic Church is not for you. She refuses to suit your cheap taste. Ang isang mabuting Katoliko dapat may alam; dapat makialam. Patay lang po ang walang pakialam. Or as I say in Cebuano, “Ang Simbahan wala manghilabot, kundili nangilabot.” A church that just keeps silent before all evils is a traitor. She is betraying her Master. Just read the Gospels and know Jesus and His works. Those who keep on silencing the Church are not on the side of Jesus, for sure.

It is preposterous, therefore, to use this “Separation of Church and State” against the Church. And when this provision is not correctly understood by Filipinos, then it can be used to marginalized the Church from public discourse. When conscientious Catholics allow this falsity to foster, then it can be a powerful weapon to further silence the Church. These we should not allow to happen. For those who persist in their misinterpretation, let the light of truth extinguish that darkness of ignorance in you. 

I will end this discourse with a quotation from the Second Plenary Council of the Philippines which says, “the more basic principle which governs the area of politics and binds all Christians, whether cleric or lay, at all times. And the principle is simply that politics, like all human activities, must be exercised always in the light of the faith of the Gospel; and the requirements of the Gospel in regard to human dignity, justice, charity, the common good, cannot be sacrificed on the flimsy pretext that ‘the Church does not engage in politics’. Concretely, this means that both clergy and laity must be involved in the area of politics when moral and Gospel values are at stake” (PCP II, 344). The love of Christ urges us. The Gospel values impel us. This is one of the duties of the Church — to speak the truth in love “in season and out of season.” After all, only love can break the impervious wall of separation. 

~Fr. @Fran Villegas, CFD National Spiritual Director