2016 (Political Law) Bar Exam Questions: Question 15

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 1416, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XV-

Congress passed a bill appropriating PlOO-billion. Part of the money is to be used for the purchase of a 200-hectare property in Antipolo. The rest shall be spent · for the development of the area and the construction of the Universal Temple for All

the World’s Faiths (UTAW-F). When completed, the site will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall be accommodated and treated in a fair and equal manner, without distinction, favor, or prejudice. There will also be individual segments or zones in the area which can be used for the conduct of whatever rituals, services, sacraments, or ceremonials that may be required by the customs or practices of each particular religion. The President approved the bill, happy in the thought that this could start the healing process of our wounded country and encourage people of varied and often- conflicting faiths to live together in harmony and in peace.

If the law is questioned on the ground that it violates Sec. 5, Article III o f the Constitution that “no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof,” how will you resolve the challenge? Explain. (5%)

One comment

  1. The law in question is not in violation of the Constitution regarding the two (2) religion clauses on the provision of the Bill of Rights, Establishment Clause and Free Exercise Clause. Test on the basic purpose of the law which is to start the healing process of the wounded country and to encourage people of varied and conflicting faiths to live together in harmony and in peace by creating a common place where people can perform customs of each particular religion. Said purpose is one of the Government’s initiated activities to promote welfare of the nation. The incidental result that may have a religious connotation benefitting one of the religions should not frustrate the main purpose of the law. The law as well was able to achieve secular goals in a religiously neutral manner which covers the Establishment Clause neutrality concept.

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