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Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera Jo Aurea Imbong, Esq. PHILIPPINES Jo Aurea Imbong, Esq. PHILIPPINES 18 th.

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Presentation on theme: "Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera Jo Aurea Imbong, Esq. PHILIPPINES Jo Aurea Imbong, Esq. PHILIPPINES 18 th."— Presentation transcript:

1 Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera Jo Aurea Imbong, Esq. PHILIPPINES Jo Aurea Imbong, Esq. PHILIPPINES 18 th Annual Conference on Religion and Law Brigham Young University, Provo, Utah October 2-5, 2011

2 The CCP Cultural Center of the Philippines

3 CCP’s mandate “The CCP nurtures artistic excellence, Filipino aesthetics and identity and positive cultural values x x x”

4 1970’s California California Gov. Ronald Reagan andRonald Reagan First Lady Nancy Reagan are accompanied byNancy Reagan President Marcos at the opening of the CCP

5 2011 June “POLYTHEISM” by Mideo Cruz

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9 On the ensuing photographs viewer discretion is requested.

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16 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 Philippine General Council of the Assembly of God

17 BACOLOD SunStar Wednesday, August 10, 2011 Bishop Navarra to lead indignation rally vs 'sacrilegious' art exhibit

18 Posted on August 09, :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."

19 “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

20 “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

21 “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

22 Senator J. Estrada calls for the resignation of the CCP Board

23 Senator Vicente Sotto threatens to slash CCP budget

24 Accessed August 10, 2011http://www.philstar.com/Article.aspx?articleId= bluejec posted on Aug 10, :15 AM Dapat mo rin malaman ang kaibahan ng art sa pambaboy.

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27 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

28 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.”

29 Senate President Juan Ponce Enrile orders a full-blown investigation into the management of the CCP

30 Senate committee to subpoena artist CategoryId=63 Accessed August

31 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.”

32 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, cruz-to-face-criminal-charges-for-blasphemous-art/

33 Catholics troop to Ombudsman's office, file charges vs CCP execs (Abrera et al & artist Cruz) charges-vs-ccp-execs Accessed August

34 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

35 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.

36 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

37 The CONSTITUTION The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed. Bill of Rights

38 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.

39 Philippines: deep Christian tradition and identity

40 90 % Christian 82 % Roman Catholic

41 Other Crimes against religious worship Art Interruption of religious worship. —any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.. Art 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.

42 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

43 “Public office is a public trust.” Article XI Section 1 CONSTITUTION

44 September 2010 Celdran Arrested and detained for disrupting an ecumenical service being held inside the Manila Cathedral.Manila Cathedral charges-for-blasphemous-art/

45 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

46 ManilaManila : Philippines | Mar 10, 2011Philippines Celdran apologizes to church officials for Disrupting prayer service prayer-service

47 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.”

48 March 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.”

49 Human Rights Council vote March 25, 2010 Yes 20Pakistan (OIC) Indonesia China Nigeria PHILIPPINES No 17 Abstain 8 charges-for-blasphemous-art/

50 “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 # TheNational Cultural Heritage Act

51 Dayrit v Abrera et al

52 Religion roots our humanity.

53 Thank you for this opportunity.


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