... [F]reedom to differ is not limited to things that do not matter much. That would be amere shadow of freedom. The test of its substance is the right to differ as to things thattouch the heart of the existing order. Justice Robert A. JacksonWest Virginia State Board of Education v. Barnette[1] One unavoidable consequence of everyone having the freedom to choose is that others may makedifferent choices choices we would not make for ourselves choices we may disa!!rove of even choicesthat may shock or offend or anger us. "owever choices are not to be legally !rohibited merely becausethey are different and the right to disagree and debate about im!ortant questions of !ublic !olicy is acore value !rotected by our #ill of $ights. %ndeed our democracy is built on genuine recognition of andres!ect for diversity and difference in o!inion.&ince ancient times society has gra!!led with dee! disagreements about the definitions anddemands of morality. %n many cases where moral convictions are concerned harmony among thosetheoretically o!!osed is an insurmountable goal. 'et herein lies the !aradox !hiloso!hical (ustificationsabout what is moral are indis!ensable and yet at the same time !owerless to create agreement. This)ourt recogni*es however that !ractical solutions are !referable to ideological stalemates+accommodation is better than intransigence+ reason more worthy than rhetoric. This will allow !ersons ofdiverse view!oints to live together if not harmoniously then at least civilly. Factual Background This is a ,etition for Certiorari under $ule -. of the $ules of )ourt with an a!!lication for a writof !reliminary mandatory in(unction filedby AngLadlad /0#T,arty 1AngLadlad2 against the$esolutionsof the)ommissionon3lections1)O43/3)2 dated5ovember 11 6778[6] 1theFirst9ssailed $esolution2 and :ecember 1- 6778[;] 1the &econd 9ssailed $esolution2 in &,, 5o. 78777710enesis 18 is the history of &odom and 0omorrah2. /aws aredeemedincor!oratedineverycontract !ermit licenserelationshi! or accreditation."ence!ertinent !rovisionsof the )ivil)ode and the $evised ,enal )ode are deemed !art of the requirementto be com!lied with for accreditation. 950 /9:/9: collides with 9rticle -8. of the )ivil )ode which definesnuisance as 9ny act omission establishment business condition of!ro!erty or anything else which x x x 1;2 shocks defies+ ordisregardsdecency or morality x x x %t also collides with 9rticle 1;7- of the )ivil )ode@ The contracting !artiesmay establish such sti!ulations clauses terms and conditions as theymay deem convenient !rovided they are not contrary to law moralsgood customs !ublic order or !ublic !olicy. 9rt 1?78 of the )ivil )ode!rovides that )ontracts whose cause ob(ect or !ur!ose is contrary tolaw morals good customs !ublic order or !ublic !olicy are inexistentand void from the beginning. Finally to safeguard the morality of the Fili!ino community the $evised ,enal )ode asamended !enali*es%mmoral doctrines obscene!ublicationsandexhibitionsandindecent shows as follows@ 9rt. 671. %mmoral doctrines obscene !ublications and exhibitions andindecent shows. The !enalty of !rision mayor or a fine ranging from sixthousand to twelve thousand !esos or both such im!risonment andfine shall be im!osed u!on@ 1. Those who shall !ublicly ex!ound or !roclaim doctrineso!enly contrary to !ublic morals+ 6.1a2 The authors of obscene literature !ublished with their knowledgein any form+ the editors !ublishing such literature+ and theownersCo!erators of the establishment selling the same+ 1b2 Those who in theaters fairs cinematogra!hs or any other !laceexhibit indecent or immoral !lays scenes actsor shows it beingunderstood that the obscene literature or indecent or immoral!laysscenes acts or shows whether live or in film which are !rescribed byvirtue hereof shall include those which@ 112 glorify criminals or condonecrimes+ 162 servenoother !ur!osebut tosatisfythemarket forviolence lust or !ornogra!hy+ 1;2 offend any race or religion+ 1?2 tend toabet traffic in and use of !rohibited drugs+ and 1.2 are contrary to law!ublic order morals good customs established !olicies lawful ordersdecrees and edicts. ;.Those who shall sell give away or exhibit films !rints engravingsscul!ture or literature which are offensive to morals. ,etitioner shouldlikewisebedeniedaccreditationnot onlyfor advocatingimmoraldoctrines but likewise for not being truthful when it said that it or any of itsno#inees$%arty-list re%resentatives &ave not violated or failed to co#%ly 'it& la's( rules(or regulations relating to t&e elections. Furthermore should this )ommission grant the !etition we will be ex!osing our youth to anenvironment that does not conform to the teachings of our faith. /ehman &trauss afamous bible teacher and writer in the D.&.9. said in one article thatolder %racticing&o#ose)uals are a t&reat to t&e yout&. 9s an agency of the government ours too is the&tates avowed duty under &ection 1; 9rticle %% of the )onstitution to !rotect our youthfrom moral and s!iritual degradation.[=] Ehen AngLadlad soughtreconsideration[8] three commissionersvoted to overturnthe First9ssailed$esolution1)ommissioners0regorio'. /arra*abal $eneF. &armiento and9rmandoFelasco2 while three commissioners voted to deny Ang Ladlads 4otion for$econsideration 1)ommissioners 5icodemo T. Ferrer /ucenito 5. Tagle and 3lias $. 'uso!h2. The)O43/3) )hairman breaking the tie and s!eaking for the ma(ority in his &e!arate O!inion u!held theFirst 9ssailed $esolution stating that@ %. The &!irit of $e!ublic 9ct 5o. >8?1 Ladlad is a!!lying for accreditation as a sectoral !arty in the !arty