Problem is politicos, not the Bill of Rights

The aim of any Constitution is to make government serve, not stifle, the people. Totally out of place thus in Congress’ ongoing Charter amending is a change of the Bill of Rights, Article III, Section 4, to read:

“No law shall be passed abridging the ‘responsible exercise’ of freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

The insertion of the phrase “responsible exercise” is a sly restraint. It empowers the government or an abusive official or party to suppress speech, expression, publication, assembly, and petition on interpretation of being irresponsible. The phrase negates the point of it all; it in effect allows the passage of laws abridging basic liberties; the declaration might as well be deleted.

Some Filipinos, not even to the language born, have a fetish to tinker with great works in English. They’d edit Churchill and restate “new structures of national life erected on blood, sweat, tears, and pimples” since whiteheads do result from sleepless toil. As if the War-time British PM did not already pick up from and paraphrase Garibaldi, Lords Byron and Douglas, and Theodore Roosevelt. They don’t get it the first time, nor the second, and so must add to Shakespeare’s “To be or not to be, that is the question” the refrain, “Dobedobedo.”

Article III, Section 4 is not asking to be altered. Although enshrined in the 1935, 1973, and 1987 Philippine Constitutions, it was taken from American revolutionists. Unable to ratify a Constitution, thinkers, scientists, and soldiers had gathered in Philadelphia in 1787 to sum up what their 13 states had fought for against the English monarchy. Four years later, under Jefferson’s guidance and Madison’s wordcraft, they issued the first Ten Amendments – the Bill of Rights. The Bill was, as Jefferson explained, the people’s guarantee against a strong executive, a central legislature, and an overall court. Only then did the 13 states agree to a common Charter.

Filipino nation-builders adopted the First Amendment to be Section 4 and also incorporated Amendments 4, 6 and 8 into the Commonwealth Charter, as the Philippines’ own Bill of Rights. Other countries and the United Nations too took inspiration from, used, and expanded the Bill for their own declarations of equality, due process, and individual human rights to worship, speech, and assembly, and against warrantless searches, seizures, and cruel punishments.

The Bill of Rights is the core of any Constitution. A Constitution spells out the duties and powers of government, but those are oppressive without a Bill of Rights. One can erase everything from a Constitution and just rely on tradition, like Britain, but there cannot not be a Magna Carta or Bill of Rights.

Imagine what society would be without a Bill of Rights. Ordinary chat or email, social media posts, articles, songs, and artworks could be censored on mere say-so of the government or despot or ruling class. No one may wear black armbands in protest, or pass around a manifesto for signatures, lest they be arrested for “irresponsible exercise” of liberties.

“But these times, if you go around, there is so much abuse of this freedom, they think it is unrestrained.” Thus does Deputy Speaker Fredenil Castro, chairman of the House subcommittee on constitutional amendments, justify the insertion in Article III, Section 4 of “responsible exercise.”

Come, come, Mr. Castro, you know what’s really wrong with the Philippines today. It is not excessive or abusive exercise of freedom. On the contrary it is abusive and excessive political dynasties. You tried twice already to have an anti-dynasty bill enacted – in vain. That is because politicos have mastered the art of thwarting the people’s will and interests.

*      *      *

Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

Gotcha archives on Facebook: https://www.facebook.com/pages/Jarius-Bondoc/1376602159218459, or The STAR website . http://www.philstar.com/author/Jarius%20Bondoc/GOTCHA.