MEL STA. MARIA | Let's discuss: Carlos Celdran and 'Damaso' - Free speech or abuse of right?
By: Atty. Mel Sta. Maria, News5
January 30, 2013 12:08 PM
InterAksyon.com
The online news portal of TV5
Atty. Mel Sta. Maria is a professor at the Ateneo School of Law. He is the resident legal analyst of News5 on TV5.
The exercise of freedom of religion is one of our cherished rights under the Constitution. This freedom includes not only the right to believe or not to believe in any GOD, but also the right to peacefully practice that belief or non-belief.
It is so important that Section 5 Article 3 of our Constitution on the Bill of Rights provides, among others, that no law shall be made "prohibiting the free exercise thereof" and that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed." Article 32 of our Civil Code also provides that any private individual shall be liable for damages if he or she, "directly or indirectly, obstructs, defeats, violates or in any manner impedes or impairs" another's exercise of the freedom of religion.
Meanwhile, freedom of expression and freedom of speech are equally high in our constitutional hierarchy of rights. Indeed, free expression is at the heart of any democratic society. Section 4 Article 3 of the Bill of Rights thus also provides that "no law shall be passed abridging the freedom of speech, of expression, or of the press." Even Article 32 of the Civil Code provides that any person who "directly or indirectly, obstructs, defeats, violates or in any manner impedes or impairs" another's exercise of his or her freedom of speech shall be liable for damages.
All these freedoms, of course, must be exercised with an awareness of the great responsibilities that come with them. Freedom is not without limits, especially where the dignity of others can be trampled upon. Crudely, the exercise of freedom may be likened to an official boxing match where a boxer can hit the body, but he cannot hit below the belt. There are rules. It is not a brawl where anything goes. Free-for-all translates to chaos.
Even the Universal Declaration of Human Rights - under Article 29(2) - recognizes legitimate limitations, though it stresses that "in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare of a democratic society."
In our Civil Code, there is the Abuse of Right Doctrine. This precept is embodied in the Code's Article 19 and provides that "every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith".
Abusers can be held accountable. Article 26 of the Civil Code provides that "every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons." Among others, we are all reminded to avoid "vexing or humiliating others on account of his religious beliefs."
And so while everyone is entitled to speak out his thoughts, every citizen must be careful not to unduly injure others. Thus, as the legal anecdote goes, one is free to shout "Fire!" in the streets even when there is no fire. But when he or she shouts "Fire!" inside a dark movie house, that would be deemed a dangerous act. It may lead to a stampede, injuries, and even death - all for which he or she can be held accountable. That is abuse of right.
Likewise, one is free to talk about anyone or anything. That is free speech. But if he or she gossips and seriously injures the feelings of others, the gossips may constitute defamation, slander, or "intriguing against honor" - all of which are all punishable under the Revised Penal Code. Gossip may be tantamount to abusing one's freedom of speech.
Going now to the celebrated case of the artist-activist Carlos Celdran:
He has a very legitimate advocacy. He is for the Reproductive Health Bill (now law). He passionately exhibited this advocacy by, for example, distributing condoms to people along the streets. In this, he was, has been, and is in conflict with the Catholic Church which opposed the RH Bill and continues to oppose it now that it has been passed into law.
In 2010 Celdran dressed up like Jose Rizal, our national hero known for his critical view of Spanish friars, and inside the Manila Cathedral, the seat of Philippine Catholic worship, during a concelebration of the sacred Mass, the centerpiece of the Catholic faith, he stood up and hoisted a placard with the word, "DAMASO". Anybody who has passed through high school or college in the Philippines likely knows Padre Damaso. He was a character in Rizal's Noli Me Tangere who has long been invoked as symbol and code for Catholic hypocrisy.
Celdran chose a place of worship where there were many priests and many faithful. It would be crazy to even suggest that no one was offended by his act.
He was charged and convicted for violating Article 133 of the Revised Penal Code which provides the penalty for imprisonment "upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful."
But there are moves to elevate the issue to one which involves the infringement of Celdran’s exercise of his freedom of expression. And to complicate matters, there are also some who would suggest that this case involves a fundamental clash between the peaceful exercise of one's freedom of religion, on the one hand, and the legitimate exercise of another's freedom of speech on the other.
Which will be preferred? Is there a violation of human rights here? And whose human rights were violated?
Moreover, was the punishment meted out for the content of Celdran's advocacy (which is clearly within his right of free expression and therefore should not be penalized) OR was it meted out solely for the manner by which he expressed himself, i.e., in a sacred place of worship, during a religious activity?
Other questions:
Could we separate the manner of expression from the content of his advocacy? Was his advocacy and the manner by which it was relayed, though intrusive, so fundamentally inseparable that any disrespect against another's right to peacefully exercise his religion is outweighed by the paramount importance of the speech exhibited by the protest?
Is this case really as complex as some people project it to be? Is there really a clash between two conflicting constitutional rights? Or is this just a case of abuse-of-right?