By Atty. Ephraim B. Cortez / National Union of Peoples’ Lawyers
The exercise of freedom of expression is a fundamental right protected by the Constitution.
Recent events, such as rallies at the Dizcaya residence and the Department of Public Works and Highways (DPWH) office, exemplify this right in action. These protest actions are manifestations of the people’s constitutional right to assemble peacefully and express their grievances without fear of repression.
Some, including Isko Moreno, have characterized such protests as “mob rule,” while others, like Vico Sotto, have expressed concerns that these actions incite violence. However, it is crucial to understand that these perceptions often overlook the legal protections afforded to peaceful protests. When citizens rally to voice their discontent over issues like corruption, they are exercising their rights in a manner that is both lawful and protected under the Constitution.
These are concerted actions similar to the EDSA People’s Power uprising in 1986. The 1986 uprising resulted in a regime change outside the formal constitutional and legal frameworks. It was unprecedented, yet the resulting change in government was officially recognized, and the legitimacy of the new regime was legally affirmed, including all its actions and issuances, i.e. promulgation of the Freedom Constitution, the creation of the PCGG, etc. This was a recognition that the regime change was the people’s will expressed through their concerted action.
What we witnessed yesterday (September 4) were the actions of the people visibly outraged at the persistent corruption and government inaction. Such protests are vital expression of their democratic participation, a platform provided by the Constitution to allow the people to express their sentiments and their discontentment, especially in the light of the seeming inaction of those in the government. The right to free expression and peaceful assembly is enshrined in the constitution precisely to empower citizens to challenge government actions and advocate for change without fear of suppression.
The constitutional intent in guaranteeing the right of the people to free expression (and its cognate rights) is clear. These rights are intended to ensure that the people can express their views and raise their voices in protest without fear, and as a weapon against government repression and suppression. It is for this reason that these rights are accorded an “exalted place” in the hierarchy of constitutional rights because they are “fundamental for the maintenance of democratic institutions” (Jose B.L. Reyes vs. Ramon Bagatsing, G.R. No. L-65366, November 9, 1983).
For these reasons, the people cannot be prevented from holding such protest rallies. To prevent them from doing so, or to disperse their concerted action, violates their constitutional rights. #