Freedom of Expression
and Blasphemy:
a Quest for Boundaries in
Dayrit v Abrera
Jo Aurea Imbong, Esq.
PHILIPPINES
18th Annual Conference on Religion and Law
Brigham Young University, Provo, Utah October 2-5, 2011
The CCP
Cultural Center of the Philippines
CCP’s mandate
“The CCP nurtures
artistic excellence,
Filipino aesthetics and identity
and positive cultural values x x x”
http://www.culturalcenter.gov.ph
1970’s
California Gov. Ronald Reagan and
First Lady Nancy Reagan are accompanied by
President Marcos at the opening of the CCP
2011
June
“POLYTHEISM”
by Mideo Cruz
On the ensuing photographs
viewer discretion
is requested.
Alliance for the Common Good
St. Thomas More Society Law Center
Pro-Life Philippines
Metropolitan Bible Baptist Church
Philippine Solidarity Foundation
Lighthouse Bible Baptist Church
Couples for Christ Foundation
for Family & Life
Youth Movement for Christ
BACOLOD SunStar
Wednesday, August 10, 2011
Bishop Navarra to lead
indignation rally vs 'sacrilegious'
art exhibit
Posted on August 09, 2011 10:11:29 PM
T
Outspoken Archbishop Oscar Cruz has
stirred a hornet’s nest again,
declaring that the art exhibit "Poleteismo“
at the Cultural Center of the Philippines is
"sick and their art sickening."
“Where in the world can you see
the images of Jesus Christ
with a penis?
This is sacrilegious.
It’s a very obscene exhibit.
I don’t think they can call this art.
There is a difference between art and insanity.”
Congressman Amado Bagatsing
August 9, 2011 issue of the Philippine Daily Inquirer
“It was a shameful exhibit.
We build [CCP] to be
the sanctuary of the Filipino soul and a
monument to the Filipino spirit.”
Mrs. Imelda Marcos
August 9, 2011 Philippine Daily Inquirer
“Public office is a public trust”
Constitution Article XI Section 1
“The CCP nurtures
artistic excellence,
Filipino aesthetics and identity
and positive cultural values x x x”
CCP Mission-Vision
http://www.culturalcenter.gov.ph
Senator J. Estrada
calls for the resignation
of the
CCP Board
Senator Vicente Sotto
threatens to slash
CCP budget
http://www.philstar.com/Article.aspx?articleId=715131
Accessed August 10, 2011
bluejec
posted on Aug 10, 2011 10:15 AM
Dapat mo rin malaman ang kaibahan
ng art sa pambaboy.
President Aquino:
"I was in contact with several board members
[of CCP] yesterday and
I told them I am a Christian and
the country is at least 85 percent Christian
then there is this depiction of Christ that
offends people, that’s wrong.”
Manila Bulletin August 10, 2011
President Aquino:
“CCP is funded by public money
and should be
in the service of the people.
So when you insult the beliefs of most of
the people, where is that service.”
“ x x x one’s freedom ends when it tramples
another.”
Senate President
Juan Ponce Enrile
orders
a full-blown investigation
into the management
of the CCP
Senate committee
to
subpoena artist
http://www.philstar.com/Article.aspx?articleId=717353&publicationSub
CategoryId=63
Accessed August 30 2011
Most Rev. Jose Palma, DD
Incoming President--CBCP
“Cruz’s works were offensive to the clergy
because
it’s not just a picture [but] a picture of
Jesus Christ, the picture of God,
someone we adore.”
“We would be mad if the same is done to a
picture of a loved one, more so God.
It should not be repeated.”
Despite closure
Lawyer Jo Imbong
of the St. Thomas More Society of Lawyers said
they will file criminal charges
against the CCP and artist Mideo Cruz
for offending Christians.
August 9, 2011
http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideocruz-to-face-criminal-charges-for-blasphemous-art/
Catholics troop to Ombudsman's
office, file charges vs CCP execs
(Abrera et al & artist Cruz)
http://www.interaksyon.com/article/10724/catholics-troop-to-ombudsmans-office-filecharges-vs-ccp-execs
Accessed August 11 2011
St. Thomas More Society Law Center
Alliance for the Common Good
Pro-Life Philippines
Metropolitan Bible Baptist Church
Philippine Solidarity Foundation
Lighthouse Bible Baptist Church
Couples for Christ Foundation
for Family & Life
Youth Movement for Christ
Philippine General Council of the
Assembly of God
Revised Penal Code
Article 201- Immoral doctrines, obscene publications and
exhibitions, and indecent shows
Those who, in theaters, fairs, cinematographs or
any other place
exhibit indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are proscribed by virtue hereof, shall
include those which x x x
offend any race or religion;
are contrary to law, public order, morals,
good customs, established policies, lawful
orders, decrees and edicts.
The CONSTITUTION
No law shall be passed
abridging the freedom of speech, of
expression, or of the press x x x
Bill of Rights
Arts and letters
shall enjoy the patronage of the State.
Article XIV Section 14
The CONSTITUTION
The free exercise
and enjoyment
of religious profession and worship
without discrimination or preference
shall forever be allowed.
Bill of Rights
The Constitution Article XV, Section 3
The State shall defend the right of
spouses
to found a family
in accordance
with their religious convictions
and the demands
of responsible parenthood.
Philippines: deep
Christian tradition
and identity
90 % Christian
82 % Roman Catholic
Other Crimes against religious worship
Art. 132. Interruption of religious worship. —any
public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
.
Art. 133. Offending the
religious feelings.—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.
CCP shall—
x x x awaken the consciousness of
our people to our cultural heritage
and
assist in its preservation, promotion,
enhancement and development
Section 2, Pres. Decree # 15
“Public office is a public trust.”
Article XI Section 1
CONSTITUTION
September 2010
Celdran
Arrested and detained
for disrupting an ecumenical
service being held inside
the Manila Cathedral.
http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminalcharges-for-blasphemous-art/
Statement of the Clergy of Manila
We condemn in particular the blatant
disrespect he displayed towards His Eminence
Gaudencio B. Cardinal Rosales, Archbishop of Manila,
the Apostolic Nuncio to the Philippines Archbishop
Edward Joseph Adams and the bishops and priests
and representatives of other religions present during
the worship service.
Manila : Philippines | Mar 10, 2011
Celdran apologizes to church officials
for
Disrupting prayer service
http://www.allvoices.com/news/8438231-celdran-apologizes-to-church-officials-for-disruptingprayer-service
March 25, 2010
Resolution
to condemn
”Defamation of Religion”
#10
“Deplores the use of
print, audio-visual and electronic media …
and any other means . . .
targeting
religious symbols
and
venerated persons.”
March 25 2010
Resolution
to condemn
”Defamation of Religion”
#16
“Calls upon States
to make the utmost effort
to ensure
that religious places, sites, shrines and
symbols
are fully respected.”
Human Rights Council vote
March 25, 2010
Yes 20
Pakistan (OIC)
Indonesia
China
Nigeria
PHILIPPINES
No
17
Abstain
8
http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminalcharges-for-blasphemous-art/
“Intangible Cultural Heritage”
The practices,
representations, expressions,
as well as the
instruments, objects
and artifacts associated therewith
that communities, groups and individuals
recognize as
part of their cultural heritage,
Republic Act # 10066 - TheNational Cultural Heritage
Act
Dayrit v Abrera et al
Religion roots our humanity.
Thank you
for this opportunity.