Mr. Grover R. Sinco

December 6, 1995 Mr. Grover R. Sinco Tiano Gomez St. Cagayan de Oro City 9000 Sir : This refers to your letter dated November 20, 1995 inquiring whether there is a Constitutional provision that prohibits two or three people from worshipping in their homes without having their religion registered with the SEC and when should a religious group be required to be registered. cdlex Please be advised that religious freedom is a basic right guaranteed by Section 5 of Article III of the Philippine Constitution, quoted hereunder: "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights." Under the above-cited Constitutional provision, every citizen of the Philippines has the right to worship and to entertain religious views without dictation or interference by any person. A religious denomination, sect or church, society or organization which is not desirous of acquiring juridical personality distinct and separate from its members need not be registered with the Commission. The Corporation Code does not require any religious group to be registered as a corporation, but they may do so in order to acquire legal personality for the administration of their temporalities or properties. It is only thru incorporation or registration under the Corporation Code that it can acquire a juridical personality to enable it to exercise corporate powers, rights and privileges expressly granted under the Corporation Code to registered corporations. However, even if not registered, the members of a religious organization, by agreement, may perform acts not contrary to law, morals, good customs, public order or public policy. Since the status of their religious group is only that of an ordinary organization which has no juridical personality, the members themselves may be held personally liable for their acts, not the organization. LexLib Very truly yours, (SGD.) FE ELOISA C. GLORIA Associate Commissioner