Freedom of Expression and Blasphemy:a Quest for Boundaries in

Dayrit v Abrera

Freedom of Expression and Blasphemy:a Quest for Boundaries in

Dayrit v Abrera

Jo Aurea Imbong, Esq.PHILIPPINES

Jo Aurea Imbong, Esq.PHILIPPINES

18th Annual Conference on Religion and LawBrigham Young University, Provo, Utah October 2-5, 2011

The CCPCultural 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 CenterPro-Life Philippines

Metropolitan Bible Baptist ChurchPhilippine Solidarity Foundation

Lighthouse Bible Baptist ChurchCouples for Christ Foundation

for Family & LifeYouth Movement for Christ

Philippine General Council of the Assembly of God

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 BagatsingAugust 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 MarcosAugust 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-Visionhttp://www.culturalcenter.gov.ph

 

Senator J. Estrada

calls for the resignation of the

CCP Board

Senator Vicente Sotto

threatens to slashCCP 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&publicationSubCategoryId=63

Accessed August 30 2011

Most Rev. Jose Palma, DDIncoming 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

saidthey 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-mideo-cruz-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-file-

charges-vs-ccp-execsAccessed August 11 2011

St. Thomas More Society Law

CenterAlliance for the Common Good

Pro-Life Philippines

Metropolitan Bible Baptist ChurchPhilippine Solidarity Foundation

Lighthouse Bible Baptist ChurchCouples for Christ Foundation

for Family & Life

Youth Movement for Christ

Philippine General Council of the Assembly of God

Revised Penal CodeArticle 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 passedabridging the freedom of speech, of

expression, or of the press x x xBill 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 worshipwithout 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 familyin accordance

with their religious convictions

and the demandsof 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-criminal-charges-for-blasphemous-art/

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.

Statement of the Clergy of Manila

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-disrupting-prayer-service

March 25, 2010Resolution to condemn

”Defamation of Religion”

#10“Deplores the use of

print, audio-visual and electronic media …and any other means . . .

targetingreligious symbols

andvenerated persons.”

March 25 2010Resolution to condemn

”Defamation of Religion”

#16“Calls upon States

to make the utmost effort to ensure

that religious places, sites, shrines andsymbols

are fully respected.”

Human Rights Council voteMarch 25, 2010

Yes 20Pakistan (OIC)IndonesiaChinaNigeriaPHILIPPINES

No 17

Abstain 8

http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminal-charges-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 Dayrit v Abrera et al

Religion roots our

humanity.

Religion roots our

humanity.

Thank youfor this opportunity.

Thank youfor this opportunity.