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

Dangerous slope to authoritarian rule

WE have heard the conviction of Rappler CEO Maria Ressa and former researcher- writer Rey Santos Jr. by Manila Regional Trial Court Judge Rainelda Estacio-Montesa under the Cybercrime Law. This may simply be one case, but seen in the Philippine context in the last few months, this is scary. It is a slide to the dangerous slop of authoritarian rule!    

The case itself is very dubious. I am no lawyer but I try to understand with common sense. How can Maria Ressa and Rey Santos be convicted of an article that was written on May 29, 2012 based on the Cybercrime Law that was passed only on September 12, 2012? If this is the jurisprudence now, then it is truly scary. Anybody of us can be convicted of anything we wrote in the past! Besides, the prescription period for filing a case against this article has already lapsed. Under the Revised Penal Code, as revised by Republic Act 4661, libel prescribes in one year, meaning you can only be sued for libel within a year of publication. Wilfredo Keng filed his complaint in 2017, or 5 years after the article was published in 2012. The Department of Justice (DOJ) used an obscure law – Republic Act 3326 – as basis to extend libel's prescription period from one year to 12 years.

Although Rappler was exonerated in this case, yet there is a series of cases (still seven cases!) filed against Rappler and its head Maria Ressa. This is outright persecution to bring down the institution because of its critical stance against the policies of this government. This persecution is done using the law, with its twisted and unjust applications, to give it a semblance of legality.

We have the closing down of ABS-CBN on May 4 when its franchise expired. It expired because Congress did not act on it. From the investigations done it is clear the loopholes are being sought to deny the franchise. To us ordinary people the end is clear: to harass ABS-CBN. Congress and the DOJ are just looking for laws how to do it “legally.”  At the time that people need information and encouragement because of the pandemic, a dominant voice of the media is threatened to be shut down.

The passing of the Terror Bill (I call it for what it is, because it is intended not to fight the terrorists but to terrorize any opposition) adds another push to this slippery slope. The main problem of the people now is not terrorism but lack of job, empty stomachs, health concerns because of COVID 19, but the ever-pliant Congress speedily passed the Terror Bill without appropriate discussions and consultations – because it is a priority bill. (by the way, priority to whom?) They did not even pass the Bayanihan II which is meant to address the economic plight of the people affected by the lockdown. When this bill becomes a law, the government can easily put critics to jail as it now easily tags them to be reds or terrorists.

These developments are very disconcerting, to say the least. We are being pushed to the slope of authoritarian rule – all using the semblance of law, which is not meant to serve the common good but to entrench the ruling power. Any voice of protest is being shut up. Independent thought is being muffled. And fear is being instilled in many. Will we allow it to happen?

"I've been the cautionary tale: be quiet or you're next. It's a chilling effect not just to me and to Rappler, but to journalists and to anyone who asks critical questions," said Ressa.

Broderick Pabillo

June 15, 2020

Unreasonable

The IATF came out with a recent decision that set the parameters for activities for the Modified Enhanced Community Quarantine (MECQ) and the Modified General Community Quarantine (MGCQ). In the church we are happy that in both, religious activities are allowed. But at the same time the limitations they give to religious activities are unreasonable. 5 persons for MECQ and 10 persons for MGCQ! It is just another way of saying that you do not have religious activities. 

Where did they get these numbers. Why is it that they do not give the absolute numbers of persons who can enter a store, or work in the office, or in the factory? Can they say that only 10 persons should work in an office, or that 20 persons work in a factory, or that only 5 persons can enter a store at a time? This would be preposterous!

There are many churches with different sizes. 5 persons for such a big church as Baclaran or the Manila Cathedral is laughable! The one-size-fits-all directive is really unreasonable! Why not give instead the instruction that there be one meter or two-meter distance between persons?  

This directive on religious activities was surely taken without any consultation with the religious sector. This is a problem with the government. They make arbitrary decisions without proper consultation with the sectors involved. So they come out with unreasonable directives!

Broderick Pabillo

May 17, 2020

Farmers are Essential

MAY 15 is an important date for many farming and fishing communities all over the country. It is the feast of San Isidro Labrador, the patron of farmers. It is a day of social gathering for farmers who most of the time are alone in their isolated farms. This year, the quarantine surely has an effect on how the farmers celebrate their feast day. Poor farmers, most of the time they toil in their isolated farms, and now the one occasion for them to socialize can even be denied to them.

Yes, poor farmers! For so many years we have neglected them, especially those of us who are in the cities. We do not see them around. We do not know how they toil and strive to survive. Yet because of their labor we are fed and nourished. This quarantine experience has once more brought to the fore the essential services that the farmers render to us. For a long time we have thought that this globalized world will support our needs, even the basic ones such as food. The virus has unexpectedly and suddenly stopped international trade. How do we get our food from abroad? Fortunately, other countries where we get our food are not very much affected by the virus, such as Vietnam and Thailand where we get our rice. If these countries stop exporting rice to us, how will we feed our people? We have not given enough support to our farmers. We prefer to import, even staple as rice. We have no food security--and yet we are an agricultural country!

Most of our people live on agriculture and fishery. These sectors do not get the budget and the services that they need. So we have the phenomenon of farmers and fisherfolks among the poorest in the country, and consequently many of them flock to the urban centers which receive the bulk of services and government attention. Hence we have rapid urbanization which bring along with it congested urban poor communities, pollution, and even lawlessness.

Now the government wants the people to go back to the provinces to ward off the danger of massive contamination in our urban centers. Thus the Balik Probinsya Balik Pag-asa (BPBP) Program is being trumpeted. There have been so many back-to-the- province programs in the past and they all have failed. The people they sent to the provinces came back to the cities after some time. Now they promise to give skills training to the people and give them a bit of a capital for them to stay there. This is already a positive realization. People come to the cities because they have no livelihood in the provinces. But this is not enough. The government and businesses should pour massive investment in rural areas so that they get adequate human services and jobs in the provinces. There are still areas without electricity. What basic service can they get without electricity? Many areas have no health clinics, and if they happen to have, they are just empty buildings because there are no healthcare workers – no doctors and nurses, and poorly trained and supervised barangay healthcare workers. Many rural roads are impassable during rainy seasons and dusty on dry seasons. Because of the bad roads the transport system is unreliable and expensive. In a word, the development plan – and the budget – should all be aligned to give importance to the rural areas in order to develop the agricultural and fishery sectors of our society.

I hope the corona virus should be a wake up call for the government and business to pay attention to our farmers and fisher folks. They are essential to our economy and to our survival!

Broderick Pabillo

May 14, 2020

Nakakasakal Na!

In a time of unprecedented crisis as this one, we need all the help there is rather than tear each other down. The act of the National Telecommunications Office (NTC) to order the closing down of ABC-CBN is very unbecoming at best and traitorous to the people at worst. ABC-CBN is helping a lot of Filipinos in the country and abroad in updating the people about the corona virus, in entertaining the people in the time of lock down, and in uplifting the spirits of many through its broadcasts.

It is known to many that the case of ABS CBN is politically motivated, no matter what justification is forwarded by the government. No institution is free of any shortcoming, legally speaking. If people are looking for faults, they can always be found in this highly complicated world. But are the faults of ABS-CBN such that it would merit its shutting down? Besides, it is itself the fault of congress in not acting fast enough on the application for the renewal of its franchise. They have been reminded of this matter for a long time but they dilly-dally, using its power to give a franchise as a bait to tame the network.

The NTC should not just close the network based on technicalities because it is also within its mandate to allow the network to operate according to the advice of the Department of Justice, the House of Representatives and the Senate until the bill extending its franchise is acted upon. But is NTC acting on behalf of promoting communication, or is it just a tool of the administration to further its agenda?

Will NTC add 11,000 workers to the swelling unemployment that the country is now experiencing? This action of the NTC – and this present administration as a whole – does not have the good of the Filipinos at heart. It is a brazen exercise of power to show who is in charge, using the law and its technicalities as a tool of control. In doing so, freedom of information in this country is threatened. It sends the chilling message that news and information outlets should kowtow to those in power or else they will be brought down, just as ABC-CBN. But we do not allow this to happen. We the citizens know what is the motive of this action. We are not defending ABS-CBN. We are defending press freedom. We are defending freedom because the grip of power is getting tighter around us. Nasasakal na kami! The specter of Martial Law is coming up! This action of the government is not uniting the people. In fact it is using the pandemic as a cover for its dastardly deed.

Broderick Pabillo

May 6, 2020