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QUO VADIS PHILIPPINE DEMOCRACY? Speech of Sen. Jinggoy Estrada, Philippine Senate, August 30, 2004  Posted: August 6th, 2008 @ 12:16am Today, we observe and commemorate the historic Battle of Pinaglabanan which sparked the Filipino revolution against tyranny and oppression. We pay tribute to the legacy of our heroes and martyrs who unselfishly sacrificed their lives for us to inherit and enjoy the precious gift of freedom and democracy we have today. But this legacy is now imperiled because of a creeping and growing pattern of suppression of the rights of our people to peaceful assembly. I rise today to express the concern and apprehension of many of our citizens who find that the democratic space guaranteed by the Constitution is now being diminished. During these past three years, we have witnessed systematic efforts on the part of this dispensation to prohibit or disperse any form of assembly or any protest action seeking to express dissent against this government. This alarming pattern is now glaringly reflected in the rising number of places where dissent, demonstration or any manner of peaceful assembly is restricted, if not, completely prohibited. With every passing day, places where protests are banned are added to the growing list by paranoid law enforcement officials. The Edsa Shrine, that monument which was once a testimony to the restoration of democracy in our country, is now off limits and considered hallowed ground reserved for the exclusive use of an exclusive sector, depending, of course, on one's political and religious persuasion. Ang Edsa Shrine po ay parang may exclusive franchise at hindi raw po pwedeng gamitin ng sinuman para sa pulitika. Ang tingin ko po diyan, ang sinumang tumututol sa maling palakad at patakaran ng pamahalaan, bawal po ang magtipon at magpahayag ng protesta roon. Mendiola, also once the rallying symbol of dissent over unjust and oppressive government policies, is now also off limits. Likewise, the entire Malacañang complex and its periphery are also off limits, protected and fortified, and for the first time in our history, by electric fences. Natatakot po be si Ginang Arroyo sa sarili niyang mga kababayan? Even the historic Plaza Miranda, that vaunted and shining symbol of our heritage of freedom, has been practically closed as a venue for our citizens to freely exercise their rights to express their grievances against the government. Today, you and I can no longer defend it in Plaza Miranda because any mass action will not be allowed there. Those distinguished statesmen of our rich and glorious past, now long gone, and who once stood there to freely express their political beliefs, must be turning in their graves. The Quezon Memorial Circle and the Mabuhay Welcome Rotonda, once known as places where protesters can freely converge, are now also off limits to any form of assembly including prayer rallies identified with those that oppose this administration. Last July 26 of this year, during the State of the Nation Address, even the roads leading to Commonwealth Avenue and the Batasang Pambansa have been added to the growing list of hallowed areas that may not be desecrated by dissent. In contrast, not only did President Joseph Estrada allow protesters during his SONA to enter the premises of the Batasang Pambansa complex, but he even had a dialogue with them inside the compound. Any militant group, rightist or leftist, conservative or liberal, regardless of issue and persuasion, for as long as they are voicing out any grievance or protest against dispensation, will be confronted by a phalanx of riot police that sometimes even outnumber the demonstrators. They are asked to produce rally permits which, more often than not, are not given or released. Rally permits have become most difficult to obtain. And these are often the basis for police action to disperse the crowd. Ang reklamo po ng ating mga kababayan, napakahirap po makakuha ng rally permit at ang kawalan po nito ang ginagawang dahilan upang hindi payagang matuloy ang mga protesta. It seems that violence in dispersal operations has become the rule rather than the exception these days. The examples are legion, from the dispersal in November 2003 in Makati to the June rally of FPJ supporters in Welcome Rotonda. And the sad part is that no investigations are made and the culprits are allowed to go scot-free. And only last June, even members of the clergy complained about the arbitrary and high-handed occupation of the grounds of Sto. Domingo Church by PNP officers and men who were tasked to disperse the rally of FPJ supporters. Recently, Neal Cruz of the Philippine Daily Inquirer wrote that the government is procuring smokeless tear gas as the latest addition to its dispersal arsenal. Heaven knows what other weapons of mass dispersal are in government hands today. These do not include professional agitators who are made to infiltrate the ranks of protesters so as to start an act that will provoke and justify police dispersal. And again, last July 26, during the SONA, it was reported that around 12,000 policemen were deployed to secure the Batasan. I find this an overkill, pure and simple. Katulad po ng pagkakahuli sa amin ni Pangulong Joseph Estrada tatlong taon na ang nakakaraan. These police officers are mobilized and pitted against decent and patriotic citizens exercising their constitutional rights of free assembly and protest, when they should be instead patrolling the streets. Criminal elements are having a field day, snatching cellphones and handbags, robbing, mugging, kidnapping, drugpushing, perpetrating other crimes because the police are too busy suppressing the rights of freedom-loving citizens. Many respected citizens, journalists, judges, government officials, businessmen and even police officers have been the victims of ambushes and violent crimes. Is it because our police are deployed and preoccupied in suppressing the dissent of law-abiding citizens whose only fault is that they disagree with the government and its policies? Marahil, kaya po lumalaganap ang krimen sa ating lungsod at kanayunan ay sa kadahilanang karamihan sa ating mga pulis ay naroon pa sa dispersal ating mga lansangan. But I do not blame the ranks of our police officers. They cannot entirely be faulted for they are just following instructions and are performing what they believe to be their duty. One thing is also certain: scores of demonstrators and police officers have been hurt and many more will be hurt. We have perhaps lost track of statistics of people injured, maimed or even killed in these confrontations. The protesters will be dispersed forcibly by water canons, tear gas and truncheons. Innocent women and children are not exempt from violent dispersals. There were even cases when only around 50 persons assembling in protest were dispersed. As an example, Ms Armida Siguion Reyna was dosed with water cannon while speaking in a rally without any provocation and no apparent clear and present danger threatening the state. Last July 13, Carol Araullo, a leader of a militant group, was bashed on the head. To use Voltaire’s dictum, I may not agree with her political persuasion or belief but I will defend her right to express it. Are we now becoming a tear gas and truncheon society where the redress of grievance in the streets is prohibited? Naaawa po ako sa mga kababayan natin, lalung lalo na po sa mga hanay ng mga mahihirap na ang kakaunti at nalalabi nilang karapatan ay inaalis pa po sa kanila ngayon. This has now become a familiar drama: a recurring refrain in the so-called parliament of the streets, which has now resurfaced and which we thought was but a fleeting reminder of the martial law era. The democratic space guaranteed by the Constitution is gradually being taken from us now. And this drama in our streets will continue unless this government and its minions reread and take to heart what Article 111, Section 4 of our Constitution expressly provides. As a fitting reminder to those who have forgotten or have chosen to forget, I quote: “No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people to peaceably assemble and petition the government for redress of grievances.” The Constitution did not require that a rally permit is a necessary requisite in the exercise of these freedoms. Gradually, before our very eyes, we see our rights being diminished and marginalized. We see our freedoms vanishing and our democracy eroding steadily because of this administration that has practically abandoned all pretenses to maximum tolerance of dissent. During the term of President Corazon C. Aquino, maximum tolerance was the policy, though of course, one cannot ignore the unfortunate dispersal of farmer protesters in Meñdiola which resulted in death and injuries. And so with that of President Fidel V. Ramos and more so, with that of President Joseph Ejercito Estrada. But since Edsa 3, the democratic space that we used to know has rapidly shrunk. As defined under Section 3, paragraph (b) of Batas Pambansa Blg. 880, otherwise known as the Public Assembly Act of 1985, the very law that enshrines the constitutional guarantee and right of our people to peaceably assemble for redress of grievance, states and I quote: “Maximum tolerance means the highest degree of restraint that the military, police and other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same.” It is perhaps ironic that this law enacted during the martial law era is now violated under a supposedly free and democratic regime. It seems that what we have today is a policy of minimum or zero tolerance where dissenters are dispersed with no provocation at all It is also significant to note that this law also provides under Section 10 paragraph (b) and I quote: “The members of the law enforcement shall not,” I repeat, “shall not carry any firearms, but may be equipped with baton or riot sticks, shields, crash helmets with visor, gas masks, boots or ankle-high shoes with shin guards.” Take note, the police are not allowed to carry firearms. The same section under paragraph (c) also states, and again, I quote: “Tear gas, smoke grenades, water cannons or any similar anti-riot device shall not be used unless the public assembly is attended by actual violence or serious threats of violence or deliberate destruction of property.” It is ironic that these orders for dispersal reflect gross ignorance of the law on the part of the very persons mandated to faithfully execute our laws and defend the Constitution. This is a government that has seen fit to compromise these freedoms in the name of familiar excuses often used by many authoritarian rulers and those who assume power without legitimacy or the express consent of the governed. This government cries “destabilization” every time it is confronted with dissent while conveniently ignoring widespread criminality, poverty and corruption. We have heard these justifications much too often to give them credence: destabilization plots, national security, terrorism and many such other creative and innovative labels and rationalizations. Are we now approaching a state of undeclared martial law? Unti-unti po ba tayong bumabalik sa batas militar? Are we now entering an era of brutal conjugal rule masquerading as a democracy? Are we gradually evolving into a police state where any form of dissent is repressed? Are we slowly being transformed into a garrison society where dispersal and arrests are made even among groups conducting prayer rallies? Perhaps not. I hope not. But given the trend we are witnessing today, we seem to be approaching that direction if good and decent citizens choose to do nothing to check this arrogant and naked display of misguided power. I speak today not only for protestors or demonstrators who have grievances against this government. I speak in behalf of our people who would like to protect and preserve their democratic rights. I speak for our constituents, yours and mine. I speak for the future of our democracy. I am prepared to be proven wrong in all these. But if my history serves me right, I remember that the late Sen. Benigno S. Aquino Jr. once stood before this very Chamber to warn against the imposition of martial law. They did not listen and that was a mistake. We cannot commit the same mistake again and I seek the intervention of all good and freedom-loving men and women, not only of this Chamber, but of the entire Republic to exercise vigilance against a creeping trend towards the suppression and repression of our freedom. We cannot and must not commit the same mistake again for our imperiled democracy because the costs and stakes are much too high. President Joseph Estrada, during his presidency, not only tolerated dissent but allowed the people to freely converge at EDSA even without a permit and without any threat of dispersal. In doing so, he rose above his and his family’s sense of pain in the face of vicious and malicious attacks against his person. He quietly took all the lies, the vulgarities and the insults that were hurled from the supposed sacred place that was called the “EDSA Shrine.” And so, everyone who hated or disliked him for their own reasons had their fill. This went on for days, becoming more pernicious each day, and it did not stop for no one stopped them until they got what they wanted: the illegal and unconstitutional ouster of President Joseph Ejercito Estrada. Some say it was a mistake on President Estrada’s part that he did not lift a finger to disperse the crowd at EDSA. I say that history will have a better judgment for President Estrada who chose to respect our people’s basic freedom no matter if it cost him, as it eventually did, the presidency itself. Mrs. Gloria Macapagal Arroyo got her fresh mandate from her COCs last election. Sadly, the COC we see today is a country of corruption. Shall we simply say “Noted”? A country of cheaters, shall we simply say “Noted”? And a country of cowards, again, shall we simply say “Noted”? As I close, I have but one appeal: let us not allow the alienated to cross the line separating mere disenchantment and disaffection to outright armed struggle and rebellion. This country, burdened as it is, with so many problems, so many crosses to bear, cannot afford this now. |
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Copyright © 2008 Senate President Pro Tempore Jinggoy Ejercito Estrada
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