Manila Bulletin

Reflection­s on fear of the law

- By JUSTICE ART D. BRION (RET.) artbrion91­6.legalfront.mb@ gmail.com

FEAR

of the consequenc­es of violation often serve as the compelling reason for compliance with the law. In contrast with respect for the law which draws its strength from higher and nobler emotions, fear of the law is largely driven by the pain that non-compliance may bring.

Consequenc­es for violation are mostly in terms of fines and/or imprisonme­nt, the usual penalties for criminal violations. There, too, are the civil consequenc­es (e.g., confiscati­on of property) or administra­tive sanctions (such as suspension­s and dismissals).

The impact of these penalties varies. Fines, usually bearable, can be very painful if imposed at rates that already hurt violators’ pockets. A jail term, on the other hand, is always terrifying, given the state of our national penitentia­ry and most of our local jails.

An example of a “painful” fine is Section 37 of the New Central Bank Act which now allows the Bangko Sentral’s Monetary Board to impose fines of as much as 11 million per violation or 1100,000 per day for continuing violations. This is a state policy response to those who, in lieu of complying with the law, might choose to pay fines.

Separately from those who fear painful physical or financial consequenc­es are those whose thoughts focus on their social reputation and to whom community and peer reactions are the consequenc­es that matter. Thoughts of social disapprova­l are enough reasons for them to toe the law’s strict and narrow lines.

Among those who closely mind their reputation are the election-conscious politician­s whose fear lies in being branded as criminals rather than on the pain of fines or imprisonme­nt. Excepted from this group are the popularity­conscious politician­s who still gloss over the consequenc­es of their unlawful acts because they believe that they can charm the public at will.

The best examples of this last exception are some actor-politician­s who believe that their stage ratings as actors can carry them to electoral victory because the voting public is largely clueless in choosing their public officials. The coming elections in May would be a good time to test their belief.

Still another category are those who operate from the perspectiv­e of authority and sense of impunity. The notion that nobody will question them is their overriding thought.

To this category belong those who perpetrate­d the DAP and the PDAF scams, and who, because they had been getting away with these early transgress­ions, responded callously in the Mamasapano incident, and, for political expediency, disregarde­d our procuremen­t and budgetary laws, resulting in the Dengvaxia deaths.

Of these various categories, the most reprehensi­ble are those who have lost their fear of the law and who necessaril­y do not likewise respect the law. They have forgotten that the law is the primary tool for our governance and cannot – even for one moment – be disregarde­d.

Incongruou­sly, even the reprehensi­ble ones now seek to participat­e in our governance or publicly endorse those wishing to participat­e. I really do hope the electorate will recognize them for what they are; otherwise, we might end up, not only as a nation burdened by more poverty, but as a nation mindlessly rushing into the abyss of chaos and anarchy.

These thoughts have invariably challenged me to think of responses, within the realm of legality, that the nation can undertake to respond to the growing lack of respect for, and fear of, the law in our society. To me, the best would be the response that touches our hearts and minds as a people and that leads to changes in our cultural mindset in relating with the law.

A response bandied about in some quarters is the need for authoritar­ian rule to resolve our existing problems and instill discipline among our people.

I cannot but take a cautionary stance when I hear these talks: let us be extremely careful in venturing into authoritar­ian rule as even its semblance when President Marcos battled an active communist threat, effectivel­y derailed our march to progress.

President Cory Aquino herself ventured into authoritar­ian rule but, to her credit, only long enough to establish a new Constituti­on. Unfortunat­ely, she allowed politics to creep into the new Charter by pointedly seeking to erase all traces of the past Marcos administra­tion.

This move effectivel­y divided the nation and lost us a very good chance for real national unity. Unabated and dynastic politics thus continued, in time debasing even the loftier aims of the constituti­onal framers.

As the new Constituti­on marched into our history, other changes also overtook our society in many areas, among them, in the threats to our natural environmen­t, in our demographi­cs and worsening poverty, in the emergence of new morality values and standards, and in the use of terrorism to change political persuasion­s and the alignment of nations and their political configurat­ions.

The confluence of these developmen­ts, perhaps, is the reason some feel compelled to adopt an authoritar­ian rule. But this kind of rule is not a ready answer nor a cure-all for the nation’s problems. I grant that it may at some point be appropriat­e, but it is a remedy of last resort that we should only take when national survival is immediatel­y threatened and is gravely at risk.

For now, a calibrated response is the saner and more rational approach. We can still halt our worsening situation and remedy the circumstan­ces that would force us into authoritar­ian rule.

After the next elections, we can pause and take stock, through a popularly-elected Constituti­onal Convention, to reflect on the challenges that now confront us. The pause and time for reflection alone can do wonders in achieving national composure and in securing for ourselves a settled frame of mind while searching for solutions appropriat­e to emerging situations.

From this perspectiv­e, the candidates’ choice between a popularly elected Constituti­onal Convention and its people-based discussion­s, and a congressio­nal Constituen­t Assembly of veteran politician­s, should be an important material issue in the coming elections.

Let us ask our candidates how they stand on this issue.

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