Experts agree: Church-state separation doesn't apply in rap vs INC

MANILA - Three legal luminaries disagreed with the Iglesia ni Cristo's (INC) invocation of separation of church and state in asking government to stay away from the internal affairs of the INC after a former member filed a case of serious illegal detention against 8 members of its highest ruling body.

Former University of the Philippines (UP) Law Dean Pacifico Agabin in a text message said, "No, it does not. Separation does not preclude DOJ (Department of Justice) from investigating complaints of criminal activity."

In another text message, University of the East (UE) College of Law Dean Amado Valdez said separation of church-state was not violated by the DOJ in accepting the filing of a criminal complaint for investigation.

"INC's going to the street must be viewed under the right to assembly. However, the administration must not abandon its duty to investigate and prosecute. The INC leaders are not entitled to immunity and impunity," Valdez said.

(READ: Expelled INC minister unfazed, won't drop charges)

In a phone call, Atty. Rodolfo Palattao told ABS-CBN, "Itong ginawa ng INC, 'di tama ito. Ibig sabihin ng separation of the church and state, 'di tayo pwede gumawa ng batas na kikilalanin ang isang religion na kagaya ng Katoliko, El Shaddai na religion sa Pilipinas.

"Nangyayari kasi sa atin, ang gusto ng Iglesia ni Cristo, yung away ni Mr. [Isaias] Samson at yung mga members ng advisory council sila na lang maresolba, huwag na pakialaman ng gobyerno. 'Di pwede mangyari yan. Ibig sabihin ng separation, kapag meron tayong batas sa crime 'di pwedeng dun na lang sa pamilya, [pero] sa religion resolbahin [nila]."

"That will be a very bad precedent na kikilalanin mo sila na lang... Yun kasing serious illegal detention, labag sa Revised Penal Code. 'Di naman pwede dahil may religion, kahit mag-violate ng criminal case dun mo pare-resolve sa religion na yun. 'Pag ginawa nating ganyan, walang rule of law," he added.

On Monday, INC historian and Minister Brother Adriel Meimban told ABS-CBN the INC has done nothing illegal as it was merely imposing disciplinary measures on erring members.

INC members started their protests on a call for government to respect the separation of church and state following the filing of an illegal detention charge against 8 members of the INC's highest governing body, the Sanggunian.

source:  ABS-CBN