Again, the issue on the Separation of Church and State

THE Catholic Bishops’ Conference of the Philippines (CBCP) came out with A Pastoral Letter and A Call to Prayer on July 16 appealing to the Filipinos to pray for the country because of the threat of abuses to freedom due to the signing of the Anti-Terrorism Law on July 3. This letter was read in the churches on July 19. Immediately,  Chief Presidential Legal Adviser Salvador Panelo alleged that this is a breach of separation of church and state.  That such comments should come from a presidential legal adviser at that, is beyond belief! Or is it just another empty threat and harassment that the minions of this government are wont to use?

Whenever church leaders criticize government programs and practices, people  use the argument of separation of church and state to discredit them. What really is this separation of church and state provision in the constitution?

The mother provision is found in Article II, Section 6 of the Constitution, which states - - “The separation of Church & State shall be inviolable.”

This principle is given eight specific provisions in the constitution:

The government is prohibited from establishing its own religion (Art III, Sec 5)

The government is prohibited from prohibiting the free exercise of any religion (Art III, Sec 5)

The government is prohibited from giving or showing any preference to or discrimination against any religion (Art III, Sec 5)

The government is prohibited from using any “religious test” for the exercise of any civil or political rights (Art III, Sec 5)

Churches, convents, mosques, and all their lands, buildings, improvements that are actually, directly and exclusively used for religious purposes are exempt from taxation (Art VI, Sec 28, par 3)

The government is prohibited from appropriating and using any public money or property for the direct or indirect use, benefit or support of any religion, church, priest, pastor or imam (Art VI, Sec 29, par 2)

The government is prohibited from registering as political party any religious denominations or sects (Art IX, Part C, Section 2[5])

The government is prohibited from teaching religion as mandatory in public schools. Religion shall be only allowed to be taught in public schools if the parents give their consent in writing (Art XIV, Sec 3[3])

All of the prohibitions are directed to the government.  It is the government that is prohibited from meddling with religious activities.  Since congress has not passed any law to further give other provisions, these are the only instances for the provision of the separation of church and state.  As we can see, all the provisions are addressed to the state and not to the church.  Never does the constitution prohibit church people, especially if they are citizens of the land, to participate in the life of the government nor to speak for or against the government. Church people too, as citizens, have the inviolable right to freedom of speech.

In the Catholic Church, though, we also follow another law which we call Canon Law. Here the lay faithful are enjoined to actively participate in politics and are mandated to bring Gospel values to all aspects of life, including politics. The clergy, being shepherds of all the faithful who may belong to opposing political parties, are enjoined not to be partisan in political affairs in the sense of belonging to one particular political party. Canon Law, however, does not prevent the clergy to educate the faithful by speaking the truth and pointing out what is evil. Pope Francis clearly wrote: “The Church’s pastors, taking into account the contributions of the different sciences, have the right to offer opinions on all that affects people’s lives, since the task of evangelization implies and demands the integral promotion of each human being.” (Evangelii Gaudium #182)

As pastors of the people of God, bishops and priests cannot be remiss in guiding the flock, even in the socio-political spheres. This is why we have the Catholic Social Teachings, which is an essential part of the Christian message, because it tells us the social implications of the Gospel message of Jesus Christ.

Hagia Sophia

(https://www.hagiasophia.com)

MANY in the Philippines do not know, and consequently do not care, about the Hagia Sophia. It is a very important church for the Christians in the East. It is found in present-day Istanbul, which formerly was known as Constantinople, the capital of the Eastern Roman Empire. What Rome was to the West among the Christians for the first 1500 years of Christianity, so Constantinople was to the East.

Hagia Sophia, Greek for Holy Wisdom, is the cathedral of the Patriarch of Constantinople since AD 537. When the Muslims conquered Constantinople in 1453, it was converted into a mosque.  However,  in 1934 the President of Turkey then, Mr. Mustafa Kemal, as a sign of openness, decreed that it be made into a museum so that people of all religions can go there and appreciate the sacred arts in the cathedral and so that all religions can use it as a place of prayer and reflection. It was regarded as a positive step for inter-religious dialogue.

Unfortunately the secularist government of Turkey is being undermined by Muslim religious fundamentalism under the present strongman Recep Tayyip  Erdogan. On July 19 he declared that the Hagia Sophia will again be used as a Muslim mosque starting on July 24.

Many church leaders view this as moving backward in inter-religious dialogue; this is decided in spite of the gains that have been done in openness and understanding among religions. On February 4, 2019 a landmark document was signed in Abu Dhabi between Pope Francis and Sheikh Ahmed Al-Tayeb, the Grand Imam of Al-Azhar, the most reputable Muslim institute of learning. This is known as Document of Human Fraternity. It serves as a basis of dialogue not only between Christians and Muslims but also among other religions. It was a great step forward. But this development on Hagia Sophia is a big setback. It is so expressed by the Near East Council of Churches (NECC), a body representing many Christian religious traditions in the Middle East. Other churches in other parts of the world (the US, Great Britain, Europe) express their dismay at this step taken by the Turkish government. Even the Holy Father Pope Francis is saddened by it.

Here in the Philippines, we are celebrating and promoting this year as the Year of Ecumenism, and Dialogue among religions and the indigenous Peoples. We should also feel hurt by this development about Hagia Sophia even if it happened so far away. Unity and goodwill in any part of the world affect everyone, and so also its opposite. Hagia Sophia is a structure that has rich historical and religious significance. It should be opened to all peoples and not just be exclusive only to one group. Although the Turkish government has announced that tourists can still visit the place, yet people of other faiths will no longer be welcome to pray and hold services there. It is very sad that in this moment of global crisis unnecessary moves are being taken that divide peoples rather than unite them.

Broderick Pabillo

July 18, 2020

We shall overcome

THESE past few weeks, we have been mercilessly punched by adversaries.  The Covid infection has been rising in the country.  Joblessness continues to hit the people.  More and more businesses are closing down or downsizing.  The economic situation of the country is bleak.

But added to this, the power of authoritarianism is rising.  Maria Ressa was convicted, guilty of cyber libel by the Manila Regional Trial Court on June 15, a decision that is very much contested by lawyers and press people alike.  It was a way to curtail press freedom. On July 3, President Duterte signed the Anti-Terrorism Bill into law. Many dub it as TERROR LAW because it is seen by not a few as a way of terrorizing the opposition than really fighting terrorists. Then on July 10, the lower house committee killed the bid for franchise renewal of media outlet ABS-CBN. It is viewed by many as a political vendetta of the present administration, no matter the consequences – the thousands of people who will lose their jobs precisely in this trying time and the millions of viewers among the poor who will be deprived of an important source of information and entertainment. Parang bugbog na ang tao. Bugbog ng gobyerno sa kanyang kapalpakan sa pagtugon sa corona virus pandemic, at mas lalong nakakagalit, bugbog ng makinarya ng gobyerno na ipakita na siya ay makapangyarihan.

In moments of gloom, I turn to the Bible for guidance and I read Psalm 37. I was admonished by the psalm and at the same time very much consoled. I just quote the first 10 verses and let them speak for themselves.

1 Do not be provoked by evildoers; do not envy those who do wrong.

2 Like grass they wither quickly; like green plants they wilt away.

3 Trust in the LORD and do good that you may dwell in the land and live secure.

4 Find your delight in the LORD who will give you your heart's desire.

5 Commit your way to the LORD; trust in him and he will act.

6 And make your righteousness shine like the dawn, your justice like noonday.

7 Be still before the LORD; wait for him. Do not be provoked by the prosperous, nor by malicious schemers.

8 Refrain from anger; abandon wrath; do not be provoked; it brings only harm.

9 Those who do evil will be cut off, but those who wait for the LORD will inherit the earth.

10 Wait a little, and the wicked will be no more; look for them and they will not be there. (Ps. 37:1-10)

The wicked will not last. God will not allow them. They may win some battles and skirmishes but they will lose the war. Let us not be sad nor be provoked at this bad turn of events.  Goodness, truth, and justice will prevail!

Broderick Pabillo

July 11, 2020