Religious Freedom in the World Report 2021 PHILIPPINES

RELIGIONS 5.4% Muslims

2.3% 1.5% Ethnoreligionists Other

Population Area 109,703,396 300,000 Km2 90.8% GDP per capita GINI INDEX* Christians 7,599 US$ 44.4 *Economic Inequality

Under the Philippine constitution, religious groups are LEGAL FRAMEWORK ON FREEDOM OF RELIGION required to register in order to secure tax-exempt sta- AND ACTUAL APPLICATION tus. Institutions engaged in “religious, charitable, or educational” activities under Article VI (Section 28) are given this status. More specifically, these may be The current Constitution of the Philippines, enacted in “charitable institutions, churches and parsonages or 1987, guarantees the free exercise of religion and pro- convents appurtenant thereto, mosques, non-profit vides for the separation of Church and state. Section cemeteries, and all lands” used exclusively by them. 5 of Article III (“Bill of Rights”) states, “No law shall be made respecting an establishment of religion or pro- Christianity has exercised a significant influence on the hibiting the free exercise thereof. The free exercise culture of the Philippines ever since the 1500s, when and enjoyment of religious profession and worship, the Spanish began their colonisation of the archipel- without discrimination or preference, shall forever be ago. Despite the constitutional separation of Church allowed.”1 The preamble specifies that the constitution and state, the retains an influential is promulgated by the “sovereign Filipino people,” who position in national politics. For example, the Catholic thereby are “imploring the aid of Almighty God.” Church has long shaped the country’s education sys- tem. One reflection of the Church’s influence is that After Spain ceded the Philippines to the United States the government permits religious instruction with the in 1898, many American ideas and cultural practices written consent of a student’s parents or guardian in a were adopted as well, including American-style sepa- public-school setting. Section 3 of Article XIV states, “At the option expressed in writing by the parents or ration of Church and state. According to Section 6 of guardians, religion shall be allowed to be taught to Article II (“Declaration of Principles and State Policies their children or wards in public elementary and high Principles”), “The separation of Church and State shall schools within the regular class hours.” be inviolable.” While a predominantly Christian country, the Phil-

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Religious Freedom in the World ippines has a small but significant Muslim minority, courts have authority only in matters of Muslim cus- particularly concentrated on the large southern island tomary and personal law. Their jurisdiction is restricted Report 2021 of Mindanao. Most Muslims in Mindanao are Sunni, to Muslims and have no authority over criminal mat- whereas a smaller minority of Shi‘a Muslims lives in ters. Moreover, they operate under the administrative

PHILIPPINES the provinces of Lanao Del Sur, in central Mindanao, supervision of the Supreme Court of the Philippines. and Zamboanga Del Sur, on the island’s extreme west. With the ratification of the Organic Law, a Shari‘a High Court with jurisdiction over the region’s PHILIPPINES Muslim population was established.4 The integration of the Muslim minority remains a major and unresolved issue in national politics. In Mindanao, The revised penal code, which has been in place since the followers of Islam, who were referred to as Moros the 1930s, criminalises certain acts committed in the RELIGIONS 5.4% or Moors by the Spanish, make up the majority. De- context of religious worship. Article 133 prohibits any- Muslims spite the promise of Article X (1) of the constitution to one from performing “acts notoriously offensive to the 2.3% 1.5% establish “Muslim Mindanao” as an “autonomous re- feelings of the faithful” in a place of religious worship Ethnoreligionists Other gion,” violent conflict between the Philippine govern- or “during the celebration of any religious ceremony.” ment and Moro Muslim insurgents has been ongoing Article 132 criminalises the prevention or disturbance 5 since 1969. of a religious service by an officer of the state.

Population Area Following peace agreements signed between the Gov- 109,703,396 300,000 Km2 ernment of the Philippines and the Moro Islamic Liber- INCIDENTS AND DEVELOPMENTS 90.8% GDP per capita GINI INDEX* Christians In 2019 Carlos Celdran died, the first and only Filipino 7,599 US$ 44.4 ation Front (MILF) in 2018, President Duterte signed *Economic Inequality to be convicted under Article 133, and with this his the proposed Bangsamoro Organic Law (BOL). Ratified case came to a close. In 2010, Celdran, an artist and in 2019, the BOL formally abolished the Autonomous tour guide, walked into a religious function in Manila’s Region in Muslim Mindanao. The new law provided the Catholic Cathedral and held up a sign with the word area’s Muslim majority population with greater auton- “Damaso”, a reference to a villainous character in 2 omy and a somewhat larger area. According to Presi- the famous Filipino novel, Noli Me Tangere. Padre dent Duterte, “the successful ratification of this Organ- Damaso was a priest who personified the hypocrisies ic Law will enable us to create an environment that will of the Church during Spanish colonial rule. Celdran’s be conducive to the peaceful coexistence between the intention at the time was to condemn the opposition of the Catholic Church’s hierarchy to a reproductive health bill designed to expand access to artificial Muslims, Christians… and all tribes…who will consid- 3 contraception. Celdran was tried and convicted but er Mindanao as their home.” However, despite these eventually apologised to the Archdiocese of Manila peace efforts, violence has continued across Mindan- (who said he was “forgiven”), but had to wait eight ao as terrorist groups excluded from government ne- years for a final ruling in his case. In August 2018, gotiations engage in widespread attacks subjecting the Supreme Court rejected his appeal and upheld a minority religious communities to horrific violence and minimum sentence of three months and a maximum displacement. sentence of one year. He left the Philippines before The government recognises and authorises Shari‘a a warrant for his arrest could be served, went into courts to operate in Mindanao. Pursuant to Presiden- self-exile in Spain, and died there of a heart attack in tial Decree 1083, the Code of Muslim Personal Laws October 2019.6 of the Philippines, a member of the Philippine Shari‘a Bar may be appointed as a Shari‘a circuit court judge After Carlos Celdran’s death, Bill No. 5170 was from a shortlist of nominees submitted to the Presi- introduced in the Philippine House of Representatives dent by the Judicial Bar Council. In order for Muslims in order to repeal Article 133. Should it be passed, all residing in other areas of the country to pursue ac- pending criminal cases and related civil cases that tion in a Shari‘a court, they must travel to the districts deal with Article 133 violations would be dismissed. in Mindanao with recognised Shari‘a courts. Shari‘a However, the measure appears to face considerable

Religious Freedom in the World Report 2021 | opposition, and it is unlikely that it will be enacted in President Duterte has also denounced several the foreseeable future.7 by name, using graphic and abusive language. The president has previously called God “stupid” and Members of the Islamic extremist rebel group Abu described the doctrines of the Catholic Church as Sayyaf, which claims allegiance to the Islamic State 11

PHILIPPINES “silly.” He has also said that the Church lacks the group, played a role in a suicide bombing that struck a moral authority to criticise him and in February 2019 religious service at Our Lady of Mt. Carmel Cathedral predicted that “Catholicism will disappear in 25 years in Jolo, province, in January 2019. At least 22 because of the clergy’s alleged abuses.”12 Still, Duterte people were killed, and more than 100 were wounded. remains very popular, with a reported 91 percent The Chairman of the Moro Islamic Liberation Front and approval rating among Filipinos in October 2020.13 local Christian leaders condemned the Jolo cathedral bombing. 8 In January 2020, police arrested two militants tasked with carrying out a bomb attack at a In August 2019, a Protestant pastor with the United Catholic cathedral in Basilan province.14 Church of Christ in the Philippines (UCCP) known for his work in promoting human rights, was gunned down. In the same month, in Davao City, Mindanao, a Church- Although the motives underlying the pastor’s murder run shelter for displaced tribal people was surrounded were not established, the Ecumenical Bishops Forum by knife-wielding men, who later tore down a wall noted that violent attacks against Christian human and occupied the facility. The Council of Bishops of rights defenders have “alarmingly increased in the the United Church of Christ of the Philippines (UCCP) three years of President Duterte’s government.”9 demanded a public apology and a full statement by the members of the paramilitary group responsible for Several Catholic and Protestant leaders have strongly the incident. Police who were in the vicinity took no criticised the Duterte administration, especially action.15 with regard to the president’s war on drugs and his reinstatement of the death penalty. Indeed, the In February 2020, the Philippine government’s Anti- Catholic Church in particular has openly challenged Money Laundering Council froze the bank accounts the “direction” of Duterte’s drug war, which openly of certain Church organisations for alleged “terrorism targets “mostly poor people [. . .] brutally murdered on financing.” The missionary organisation whose bank the mere suspicion of being a small-time drug user and accounts were affected issued a statement saying that peddler while the big-time smugglers and drug lords go such action “is only depriving the rural poor of the help scot-free.” Many of the drug-related deaths that have and services they deserve and that the government occurred under the President’s administration involve refuses to provide.” The group added that they have the poorest Filipinos.10 been accused in the past of being a communist and terrorist front, lamenting that their members have Despite the assistance Christian Churches have been harassed and threatened as a result of such provided to help former drug users and victims of the accusations.16 killings lead new lives, Church leaders lament that they face sometimes virulent abuse by the current Philippine Also in February 2020, a court in Manila issued warrants government and by President Duterte himself. for the arrest of two Catholic priests, a former senator, and eight others for conspiracy to commit sedition. The President Duterte was antagonistic to the Catholic two priests denied the accusations. The Department of Church even before his election on 9th May 2016. In Justice concluded that a similar complaint against four early May 2016, he said the Catholic Church was “the bishops lacked evidence.17 The two priests, Flaviano most hypocritical institution.” That same year, when Villanueva, SVD and Albert Alejo, SJ, appeared in the anti-drug campaign was gaining momentum and court in October 2020 to formally plea “not guilty.”18 hundreds of people had already died, the President called the members of the Roman Catholic clergy In July 2020, an anti-terrorism law championed by “sons of bitches” for criticising his actions in this area. President Duterte was passed. It authorises the

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President to jail suspects without charges. Although In October 2020, the authorities captured an intended to prevent “terrorism,” many human rights Indonesian woman and two Philippine women believed activists are concerned that the government can use to be married to Abu Sayyaf militants. Found with the law to discourage activism by criminalising the suicide vests, they were suspected of plotting a suicide defence of basic human rights. attack in Jolo. The authorities believe that the detained individuals may be connected to those responsible for The law gives security forces sweeping powers — with the cathedral attack in Jolo in January 2019.23 almost no judicial approval or oversight — to pursue suspects, conduct up to 90 days of surveillance and Despite government criticism, the Catholic Church wiretaps, and detain suspects for up to 24 days. The has received widespread praise for its efforts and Catholic Bishops’ Conference of the Philippines (CBCP) fund raising to help the needy during the COVID-19 published a letter written by Broderick Pabillo pandemic. Many Church foundations and charity strongly denouncing the anti-terrorism measure.19 groups launched nationwide drives to help cushion the Considering the criticisms against the administration effects of COVID-19 and have effectively coordinated by Christian groups, there is a real and imminent with local government authorities to provide aid.24 danger that the government could use the new law to target Christian leaders who have been critical of President Duterte and his policies. PROSPECTS FOR FREEDOM OF RELIGION In late July 2020, shortly after the anti-terrorism law Despite the constitutional safeguards for religious was passed, Bishop Gerardo Alminaza observed that freedom and separation of Church and state, the crim- “[a]mid a global health crisis, unjust killings across inal justice system under Article 133 has the potential the country continue. We, sadly, must admit that to shield certain office holders, institutions, practices, it is unlikely for our government to use its power to ideas, and viewpoints from public criticism and de- stop this, because from the very start of the Duterte bate over religious matters. With the demographic and administration, it is officially endorsed.” The prelate cultural dominance of Catholicism in the Philippines, also criticised the administration’s practice of “red minority religious groups feel vulnerable to legal ha- tagging” — i.e. labelling human rights and social justice rassment if they express views the Catholic majority organisations as communist fronts, which has in turn considers offensive. led to warrantless arrests, detention, torture, enforced disappearances, and extrajudicial killings. Further, the President Duterte’s administration has presented sev- Bishop notes that “the war on drugs has rippled into a eral challenges directly related to religious freedom. war-on-rights, spilling blood among our flock.”20 While the constitution guarantees religious freedom, recent developments and violent incidents point to a During a Sunday Mass in July 2020, the pastor of San problematic trajectory in the coming years. Isidro Labrador Parish caught uniformed police officers The anti-terrorism law creates significant challenges taking photographs of him. Local authorities claimed and paves the way for potential legal abuses by peo- that they were performing routine inspections to make ple in authority, i.e. the Duterte administration, against sure the parish was following COVID-19 restrictions on government critics, including Church leaders and gatherings. However, the incident left the clergyman Church-supported human rights defenders. Church- fearing for his safety due to previous death threats he es and Christian organisations in the Philippines have received after speaking out against Duterte’s war on forcefully criticised this and similar policies. drugs.21 The open verbal and legal attacks by President Dute- In August 2020, Jolo saw twin terrorist attacks by the rte against Church leaders remain a serious threat to wives of slain jihadists. At least seven soldiers, six religious freedom, a central element of which is the civilians, and a policeman were killed, while 80 others freedom of religious leaders and communities to con- were wounded.22 tribute to public deliberations about the common good, particularly in defence of the most vulnerable.

Religious Freedom in the World Report 2021 | Furthermore, Christians and other minority groups in Mindanao continue to be targeted in violent attacks by extremist groups. Despite the ratification and enact- ment of the Bangsamoro Organic Law (BOL) in 2019,

PHILIPPINES a truly durable and comprehensive solution to violent Islamist extremism and Mindanao’s ongoing conflicts appears to be elusive. This threatens the prospects for full religious freedom and peaceful coexistence in the restive region in the future.

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SOURCES / ENDNOTES

1 Philippines Constitution 1987, Constitute Project, https://www.constituteproject.org/constitution/Philippines_1987?lang=en, accessed (21st October 2020). 2 “Duterte Signs Bangsamoro Law,” ABS-CBN, 26th July 2018, https://news.abs-cbn.com/news/07/26/18/duterte-signs-bangsamoro-law (accessed 22nd October 2020). 3 EJ Roque, “PRRD: BARMM realization of Moro dreams and end armed struggle,” PTV News, 22nd February 2019, https://www.ptvnews. ph/prrd-barmm-realization-of-moro-dreams-and-end-armed-struggle/ (accessed 22nd October 2020). 4 “Courts for Muslims: A primer on the Philippines Shari’a courts,” Asian Institute of Journalism And Communication, http://www.muslimmin- danao.ph/sharia/code_muslim.pdf (accessed 22nd October 2020). 5 The Revised Penal Code of the Philippines, United Nations Legislation Treaties Department, 8th December 1930, https://www.un.org/ Depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_code.pdf? (accessed 22nd October 2020). 6 Nina Unlay, “Why we’re still talking about Carlos Celdran’s Damaso protest,” Esquire Magazine, 7th August 2018, https://www.es- quiremag.ph/politics/opinion/carlos-celdran-damaso-prison-sentence-a1889-20180807 (accessed 24th October 2020). 7 Sasha Lim Uy, “Petition launched for Carlos Celdran bill,” Esquire Magazine, 23rd October 2019, https://www.esquiremag.ph/politics/ news/carlos-celdran-bill-a00204-20191023 (accessed 22nd October 2020). 8 “Cathedral bombing appears to make terrorist statement after referendum in Philippines,” Morning Star News, 4th February 2019, https:// morningstarnews.org/2019/02/cathedral-bombing-appears-to-make-terrorist-statement-after-referendum-in-philippines/ (accessed 22nd October 2020). 9 “Christians in the Philippines decry growing hostilities after killing of pastor,” Morning Star News, 6th August 2019, https://morning- starnews.org/2019/08/christians-in-the-philippines-decry-growing-hostilities-after-killing-of-pastor/ (accessed 22nd October 2020). 10 Richard Heydarian, “To the Philippines Catholic Church, Duterte is a modern-day Henry VIII,” South China Morning Post, 7th February 2019, https://www.scmp.com/week-asia/opinion/article/2185276/philippine-catholic-church-duterte-modern-day-henry-viii (accessed 22nd October 2020). 11 “Philippines president renews attack on Catholic Church,” Reuters, 10th January 2019, https://www.reuters.com/article/us-philip- pines-duterte-church/philippine-president-renews-attack-on-catholic-church-idUSKCN1P41JH (accessed 22nd October 2020). 12 “Catholicism will disappear in 25 years, Duterte says,” CNN Philippines, 26th February 2019, https://cnnphilippines.com/news/2019/2/25/ Catholicism-25-years-disappear-Rodrigo-Duterte.html (accessed 22nd October 2020). 13 Mong Palatino, “Why Is Rodrigo Duterte still popular in the Philippines?” The Diplomat, 21st October 2020, https://thediplomat. com/2020/10/why-is-rodrigo-duterte-still-popular-in-the-philippines/ (accessed 26th October 2020). 14 “Police foiled church bomb plot in Southern Philippines,” International Christian Concern (ICC), 20th January 2020, https://www.persecu- tion.org/2020/01/20/police-foiled-church-bomb-plot-southern-philippines/ (accessed 22nd October 2020). 15 “Philippine Church condemns attack on church compound by armed men,” International Christian Concern (ICC), 2nd February 2020, https://www.persecution.org/2020/02/02/philippine-church-condemns-attack-church-compound-armed-men/ (accessed 22nd October 2020). 16 Joe Torres, “Philippines freezes bank accounts of rural missionaries,” UCANews, 7th February 2020, https://www.ucanews.com/news/ philippines-freezes-bank-accounts-of-rural-missionaries/87174# (accessed 22nd October 2020). 17 “Philippine court orders arrest of two priests for sedition,” UCANews, 14th February 2020, https://www.ucanews.com/news/philippine- court-orders-arrest-of-two-priests-for-sedition/87225# (accessed 26th October 2020). 18 Lian Bua, “Priests plead not guilty to sedition in ‘oust Duterte’ plot charge,” Rappler, 22nd October 2020, https://www.rappler.com/nation/ priests-plea-conspiracy-sedition-duterte-ouster-ploy-charge (accessed 26th October 2020). 19 “New law could choke freedoms in Philippines,” International Christian Concern (ICC), 22nd July 2020, https://www.persecution. org/2020/07/22/new-law-choke-freedoms-philippines/ (accessed 22nd October 2020). 20 Charles Collins, “Bishop says Philippines stained with blood of innocents under Duterte,” Crux Now, 27th July 2020, https://cruxnow.com/ church-in-asia/2020/07/bishop-says-philippines-stained-with-blood-of-innocents-under-duterte/ (accessed 22nd October 2020). 21 “Philippine priest possibly spied on for speaking out against Duterte,” International Christian Concern (ICC), 20th July 2020, https://www. persecution.org/2020/07/20/philippine-priest-possibly-spied-speaking-duterte/ (accessed 22nd October 2020). 22 “Suicide bombers in Southern Philippines identified as terrorists’ widows,” International Christian Concern (ICC), 28th August 2020, https://www.persecution.org/2020/08/28/suicide-bombers-southern-philippines-identified-terrorists-widows/ (accessed 22nd October 2020). 23 “Philippines arrests Indonesian woman plotting a suicide bomb attack,” International Christian Concern (ICC), 12th October 2020, https:// www.persecution.org/2020/10/12/philippines-arrests-indonesian-woman-plotting-suicide-bomb-attack/ (accessed 22nd October 2020). 24 Joseph Calleja, “Philippine govt praises Church pandemic efforts,” UCANews, 29th April 2020, https://www.ucanews.com/news/philip- pine-govt-praises-church-pandemic-efforts/87859# (accessed 22nd October 2020).

Religious Freedom in the World Report 2021 |