[Just Saying] Reciting a hymn and pledge: Illegal, punitive, unconstitutional

This is AI generated summarization, which may have errors. For context, always refer to the full article.Bagong Pilipinas hymn and pledge

Reliance on RA No. 8491 is legally flawed. The provisions of the memorandum are likewise constitutionally infirm. The “hymn and pledge” is punitive and polarizing. These can easily be explained.The memorandum is in violation or goes beyond the mandate of RA No. 8491. The law clearly limits the way a flag ceremony shall be conducted. Each and every section of RA No.

“refusal to observe the provisions of this Act and any violation of the corresponding rules and regulations issued by the Office of the President, shall after proper notice and hearing, be penalized by public censure which shall be published at least once in a newspaper of general circulation.”There is nothing in RA No. 3491 punishing the refusal to recite a newly-created “hymn and pledge.” In effect, the directive provided in the memo added a new punishable act or omission.

If the answer is yes, then, a chilling effect of fear and silence would have been successfully instilled by the threat of criminal penalty. The dangers of prior restraint, which is repugnant to the Constitution, is clearly present. It likewise hinders the citizen’s right to petition the government for redress of grievance.. The “hymn and pledge” is polarizing.

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