Legal Framework
The constitution provides for the free exercise of religion and religious worship and prohibits the establishment of a state religion. No religious test is required for the exercise of civil or political rights. The constitution provides for the separation of religion and state. The law treats intentional attacks directed against religiously affiliated buildings or facilities as war crimes or crimes against international humanitarian law. The law forbids public officials from interrupting religious worship, as well as any person “notoriously” offending religious feelings during such services or in a place of worship.
The law requires organized religious groups to register with the Securities and Exchange Commission (SEC) and with the Bureau of Internal Revenue (BIR) to establish tax-exempt status. Religious groups must submit their articles of faith and bylaws for SEC registration as religious corporations. The SEC requires religious corporations to submit annual financial statements. The law does not specify penalties for failure to register with the SEC. To register as a nonstock, nonprofit organization, religious groups must meet the basic requirements for corporate registration with the BIR and must request tax exemption from the BIR. The basic requirements for registration include a name verification of the religious corporation, articles of incorporation and bylaws, the name of a director, list of members, and a list of financial contributors. The BIR provides tax exemptions to newly established religious corporations that are then reviewed for renewal every three years. The BIR may fine religious corporations for the late filing of registrations or for failing to submit registration datasheets and financial statements.
The government permits religious instruction in public schools with written parental consent, provided there is no cost to the government. Based on a traditional policy of promoting moral education, local public schools give religious groups the opportunity to teach moral values during school hours. Attendance is not mandatory, parents must express in writing a desire for their child to attend religious instruction for a specific denomination, and the various groups share classroom space. Students who do not attend religious instruction because no class was offered in their denomination or because their parents did not express a desire receive normal supervised class time. The government also allows groups to distribute religious literature in public schools. The law mandates that government agencies address religious issues and consult recognized experts on Filipino Muslim beliefs, as well as the history, culture, and identity of indigenous peoples, when formulating the national history curriculum.
By law, public schools must protect the religious rights of students. Muslim girls may wear the hijab and are not required to wear shorts during physical education classes.
The government recognizes sharia in all parts of the country through a presidential decree. Sharia courts are organized into five sharia districts, all located in the south of the country; Muslims residing in other areas must travel to these districts to pursue an action in a sharia court. Sharia courts handle only cases relating to personal laws affecting family relations and property. Sharia does not apply in criminal matters and applies only to Muslims. The state court system hears cases involving Muslims and non-Muslims, and national laws apply in those cases.
The BOL ratified on January 21 creates the BARMM, a new Muslim-led autonomous region. The BARMM replaces the former governing authority, the ARMM. The new entity has jurisdiction over five provinces and three major, noncontiguous cities. The BOL provides the framework for the transition to greater autonomy for the area’s majority Muslim population.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Some Catholic clergy who vocally criticized extrajudicial killings attributed to the war on drugs under President Duterte or who stated their opposition to the reinstatement of the death penalty reported being harassed, intimidated, and threatened with death by unknown perpetrators following Duterte’s threats against them in late 2018, which sources stated he and his government subsequently tried to walk back. In July following the release of a video linking President Duterte and his family to the illicit drug trade, the government charged some members of the opposition, along with four Catholic bishops and three priests, with sedition, cyber libel, libel, and obstruction of justice concerning their alleged involvement in the video’s production and release. Various ecumenical groups condemned the charges, filed through the Philippine National Police (PNP) Criminal Investigation and Detection Group.
The Commission on Human Rights (CHR) received a complaint through its social media account saying a local government office in South Cotabato prohibited Balik-Islam (Philippine converts to Islam) from constructing mosques within its village. Initially, the local government stated that the structures did not meet building codes, but after public pressure, it relented and allowed the mosque projects to move forward. After conducting an investigation into a refusal to erect a mosque by local officials in Panagasinan, the NCMF determined that local officials halted construction because residents cited concerns that having the religious structure in their community might incite terrorism.
The CHR Mindanao regional office expressed concern over reported cases of church leaders and faith-based organizations being publicly labeled as members or supporters of the New People’s Army (NPA), the armed insurgent wing of the Communist Party of the Philippines. In February leaflets containing names of alleged NPA members, reportedly including some religious leaders, were posted and distributed in public places and private gatherings by unknown individuals; the Armed Forces of the Philippines (AFP) and PNP publicly denied any involvement.
In November media reported that the AFP included the National Council of Churches Philippines (NCCP) in a list of 18 organizations it described or “red-tagged” as communist terrorist groups or groups wittingly or unwittingly providing funds to such groups. The NCCP, one of the largest associations of Protestant and non-Roman Catholic denominations in the Philippines, described the listing as an “attack on [their] Christian faith and tradition.”
On several occasions, President Duterte expressed disapproval of the Catholic Church, despite his 2018 vow not to do so. In a public speech in February he said Catholicism may disappear in 25 years because of various criminal allegations, such as corruption and sexual abuse. Media reported that the criticism could relate more to the Church’s criticism of human rights abuses in Duterte’s anti-drug campaign. Duterte added in a speech in September that he would not support the Catholic Bishops’ Conference of the Philippines’ (CBCP) celebration in 2021 of 500 years of Catholicism in the country. Some clergy continued to raise concerns that the manner in which the president denounced the Church promoted violence against its priests and leaders.
The Department of Education continued to support its Arabic Language and Islamic Values Education (ALIVE) program for Muslim students in private madrassahs and public elementary schools with a Muslim population of 10 percent or greater. For the 2018-19 school year, 1,686 public elementary schools administered the voluntary ALIVE program for 145,591 students, compared to 1,622 schools and 158,093 students the previous year.
Madrassahs continued to have the option of registering with the NCMF and Department of Education, both, or neither. Registered madrassahs received government funding and produced curricula that were subject to government oversight. There were 85 private madrassahs registered with the Department of Education during the 2018-2019 school year. Many private madrassahs, however, choose to remain unregistered rather than allow government oversight, according to Department of Education representatives.
The Department of Education’s Office of Madrassah Education managed local and international financial assistance to the private madrassah system. By law, only registered schools/madrassahs may receive financial assistance from the government. Madrassahs registered by the Department of Education followed the Standard Madrassah Curriculum and received funding for classrooms, facilities, and educators who taught the Revised Basic Education Curriculum. The overall funding for and attendance at private madrassahs increased by 25 percent from the previous year. During the year, the Department of Education provided funding of 90,960,000 pesos ($1.8 million) to 18,192 private madrassah students, compared to 67,510,000 pesos ($1.33 million) allocated to 13,502 private madrassah students in 2018.
A study by the Institute for Autonomy and Governance showed that 90 percent of 169 madrassahs surveyed in 2018 sought government recognition and support; however, the study stated that complicated accreditation processes and requirements hindered them from registering. The survey also conveyed the concerns of Muslim school leaders about the perception that terrorist groups used traditional madrassahs for recruitment, especially after the Marawi siege. The NCMF distributed books in April in order to alleviate community concerns that all traditional Muslim schools bred violent extremist ideologies.
On March 29, President Duterte led the inauguration ceremony of the BARMM. The results of a January plebiscite added Basilan and Cotabato City to BARMM territories. Although the move was widely backed by Muslims and Christians nationwide, some local religious minorities continued to express their concerns about the new authority. The BARMM government designated two seats, one for a Christian and one for an indigenous delegate, to its council to allay minority community concerns. BARMM authorities, an amalgamation of members of the Moro Islamic Liberation Front (MILF) and presidential appointees, continued setting up their government, establishing budget priorities, staffing offices, and implementing infrastructure projects. The BARMM government continued to reinforce existing legislation that governed the application of sharia and provided an alternative dispute mechanism for non-Muslims seeking redress in the courts.
NCMF officials said that anti-Muslim discrimination continued to occur in government offices but cited no specific examples. Some Muslim leaders, including an NCMF official, expressed concern about the low percentage of Muslims in senior government and military positions. There were 13 Muslims in the 301-member House of Representatives and one Muslim cabinet appointee. No members of the Senate were Muslim. In October seven Muslim lawmakers of the House of Representatives and the Federation of Free Workers issued statements calling for President Duterte to appoint a Muslim justice to the 15-person supreme court for the first time since 1995.
The PSA estimated during the year that 40 percent of five million total unregistered residents were children aged between birth and 14, primarily among Muslim and indigenous groups. Citizenship derives from birth to a citizen parent. The government initiated a pilot program in Metro Manila that provides undocumented Muslim Filipinos with an identity card – the Muslim Filipino Identity Card– stating that it was intended to help them access services, since many in this population did not have a birth certificate. Sources stated that the lack of a birth certificate did not generally result in a denial of education or other services, but it could cause delays in some circumstances. Undocumented Filipinos could use this secondary identification when applying for jobs, schools, and for other government services in lieu of a birth certificate or formal registry. The NCMF noted that this secondary identification helped overseas Filipino workers who found themselves in precarious labor situations. If their employers confiscated their passports, these secondary IDs could speed the government’s citizenship assessment, thus providing fast repatriation services. Critics expressed reservations about the potential for abuse in similar initiatives in the past.
Muslim officials reported that while Muslim prison detainees were allowed to engage in religious observances, Roman Catholic Mass was often broadcast by loudspeaker to both Catholic and non-Catholic prison populations.
In March the NCMF, along with other religious leaders, participated in an interfaith dialogue in Cebu City to highlight the importance of youth involvement in curbing violent extremism. NCMF Secretary Saidamen Pangarungan stressed that an effective way of achieving peace was through interfaith collaboration.
In January the Department of Tourism announced plans to make the country a significant “religious pilgrimage destination” by restoring and developing historic churches and Christian shrines throughout the country.
The NCMF’s Bureau of Pilgrimage and Endowment continued to administer logistics for the Hajj, such as obtaining flight schedules, administering vaccines, coordinating with the Department of Foreign Affairs to process Hajj passports, filing Hajj visa applications at the Saudi embassy, and conducting predeparture orientations for pilgrims. The NCMF reported that 7,232 individuals made the pilgrimage during the year, lower than the 8,000-limit set by the Saudi Ministry of Hajj for pilgrims from the Philippines, but an increase of 1,419 persons from the previous year. The NCMF also administered the awqaf (an endowment for the upkeep of Islamic properties and institutions) and continued to oversee the establishment and maintenance of Islamic centers and other projects.
In February the senate adopted a resolution filed by Senate President Vicente Sotto declaring the first Thursday of February “Synchronized National Interfaith Prayers for Peace and Reconciliation.” The resolution aimed to encourage Filipinos of all religious groups to participate in a universal prayer for peace.
Abuses by Foreign Forces and Nonstate Actors
The government attributed several killings, attacks, and kidnappings in the south of the country to the Maute Group and the Abu Sayyaf Group (ASG) – both designated as terrorist organizations by the U.S. Department of State – the Bangsamoro Islamic Freedom Fighters (BIFF), and other ISIS-related terrorist groups. ISIS claimed responsibility for a January suicide bombing at a cathedral in Jolo that killed 20 persons and wounded several others. In August a cathedral in Baguio received bomb and terror threats from alleged ISIS affiliates. Following these attacks, members of the Catholic and Muslim communities gathered in the cathedral to show solidarity against terrorism. Eleven soldiers and nine civilians were wounded in a December 22 grenade attack adjacent to a radio station and a Catholic cathedral in Cotabato City. The attack reportedly unfolded as soldiers dismounted from a military truck to provide security for a Mass taking place at the cathedral. Authorities suggested the attack, which came on the eve of a planned visit by President Duterte to Cotabato, may have been linked to ISIS-linked groups operating in the area, though no one claimed responsibility by year’s end. The government continued sustained military, law enforcement, and counterterrorism operations against the Maute Group, ASG, and other ISIS-related groups.