GOVERNANCE MATTERS
Police last week arrested some 20 individuals participating in a rally in Manila. The protesters were all wearing masks and observing physical distancing, but were nonetheless detained by the police. When one of the protesters asked why they were being arrested, a policeman was quoted in media as saying “Nasa batas ‘yan na bawal ‘yan (It's prohibited in the law).” He failed to cite which law.
According to some legislators, the Bayanihan To Heal As One Act, which provides emergency powers to deal with the Covid-19 pandemic, expired with the sine die adjournment of Congress last June 5. But even if we grant Malacañang’s position that the Bayanihan Act remained effective until June 25 because of a sunset provision, it must be emphasized that the law does not contain a single provision banning rallies and other protest actions, or empowering law enforcement authorities to make arrests for supposed violations of the ban on mass gatherings. This applies as well to its companion law, Republic Act No. 11332, or the Mandatory Reporting of Notifiable Diseases Act.
Yet, in instances where the police do file charges, they cite these two laws to justify their arrests. These two laws have, in fact, been invoked by authorities to arrest and detain individuals for offenses ranging from curfew violations, to posting online statements critical of government, and holding protest assemblies. To say that our law enforcers are ignorant of the laws they are enforcing may be a harsh indictment, but the other conclusion is much harsher: that law enforcers have been acting beyond the bounds of the law, arresting and detaining persons illegally, and disregarding basic rights enshrined in the Constitution.
A joint statement released by several leading business groups cited some disturbing figures. They said that from March 17 to April 17, “almost 30,000 violators had been arrested; 6,616 underwent inquest, while 23,016 cases were for filing. The number was reported to have reached nearly 41,000 by May 1.”
They further added: “Many of those arrested suffered detention, costs, humiliation, and inconveniences, and some endured unwarranted jailtime when unopened courts or government offices, or even limited bank branches, could not process their bail in a timely manner.”
Typically, such bold assertions will either be ignored or dismissed by the authorities and their online partisans as politically motivated rantings. But the signatories to the statement included prestigious business groups like the American Chamber of Commerce of the Philippines, Financial Executives Institute of the Philippines, the Management Association of the Philippines, the Makati Business Club, and the Canadian Chamber of Commerce in the Philippines. The statement is a rare expression of concern by the business community over the deterioration of the rule of law and due process during the extended lockdown. As the groups pointed out, while ordinary citizens are being penalized harshly and their rights disregarded, high-ranking public officials openly flout the rules.
But the assault on the rule of law and the Constitution did not start with the pandemic. It began, for some observers, some four years ago, under the guise of a war on drugs. The Rule Of Law has been replaced by Rule By Law, where the law is misapplied to justify punitive acts against political opponents, critics and ordinary citizens. The pandemic has merely given another opportunity to further sow fear and anxiety in the communities, erode independent institutions, and intimidate or silence the opposition.
Rather than admit to its shortcomings, we have seem how some government officials prefer to swing wildly at citizens, whether at home or abroad, correlating critical expression to destabilization. But such immature response will not make the problems go away or solve it, nor will it silence citizens, as recent events have proven.
After more than 100 days under lockdown, ordinary citizens have become solely pre-occupied with making ends meet and surviving the pandemic. And when citizens feel oppressed by their economic conditions, when survival becomes their only concern, there is the real danger that they will embrace the authoritarian option, yielding their rights and liberties in exchange for promised short-term relief.
The prolonged lockdown has crippled the economy, but it is not the only casualty. The economy may recover in the long term, but our democracy may not.