ISLAMIC DA'WAH COUNCIL OF THE PHILIPPINES, INC., petitioner, vs. OFFICE OF THE EXECUTIVE SECRETARY, respondents.

 G.R. No. 153888, July 9, 2003

FACTS:

Petitioner IDCP, a corporation that operates under Department of Social Welfare and Development. It is a non-governmental organization that extends voluntary services to the Filipino people, especially to Muslim communities. Among the functions of the petitioner is carries out to conduct seminars, orient manufacturers on halal food and issue halal certifications to qualified products and manufacturers.

The petitioner alleges that, on account of the actual need to certify food products as halal it has formulated internal rules and procedures based on the Qur'an and the Sunnah for the analysis of food, inspection thereof and issuance of halal certifications.

However, the Office of the Executive Secretary issued EO 46 s. 2001 creating the Philippine Halal Certification Scheme and designating the OMA to oversee its implementation. Under the EO, the OMA has the exclusive authority to issue halal certificates and perform other related regulatory activities.

Hence, this petition for prohibition was filed.

Petitioner contends that the subject EO violates the constitutional provision on the separation of Church and State. It is unconstitutional for the government to formulate policies and guidelines on the halal certification scheme because said scheme is a function only religious organizations, entity or scholars can lawfully and validly perform for the Muslims. According to petitioner, a food product becomes halal only after the performance of Islamic religious ritual and prayer.

ISSUE: 

Whether or not EO 46, s 2001 issued by the Executive Secretary violate the Constitutional provision on the separation of Church and State? 

COURT’S RULING:  

Without doubt, classifying a food product as halal is a religious function because the standards used are drawn from the Qur'an and Islamic beliefs. By giving OMA the exclusive power to classify food products as halal, EO 46 encroached on the religious freedom of Muslim organizations like herein petitioner to interpret for Filipino Muslims what food products are fit for Muslim consumption. Also, by arrogating to itself the task of issuing halal certifications, the State has in effect forced Muslims to accept its own interpretation of the Qur'an and Sunnah on halal food.

WHEREFORE, the petition is GRANTED. Executive Order 46, s. 2000, is hereby declared NULL AND VOID. Consequently, respondents are prohibited from enforcing the same.