Even Pope Francis cannot stop De Lima
IF a Catholic bishop commits the crime of syndicated estafa (swindling) not even Pope Francis can drop a hint that DOJ or its city/ provincial prosecutor cannot prosecute the bishop. Prosecution is not undue interference in the internal affairs or problem of one religion big or small. Let’s always recall that the PDAF scam worth R10B was unmasked by a veteran employee who was detained under guard in his employer’s home. The employer is now facing a sentence of reclusion perpetua (with a maximum of 40 years).
Unmasking the grafters The detained employee’s disclosures led to detention without bail of his employer, three senators, one governor, and the filing of anti-graft complaints against dozens of public officials and officers of bogus foundations.
No religion or its members can enjoy the full protection of the Bill of Rights if a crime has been committed and there exists good evidence to support a formal complaint against one or more persons.
Freedom of religion?
Freedom of religion means the right of a person to worship God and to embrace certain religious beliefs without interference from any person or any government or private agency.
It is not interference in the internal problem of a religious sect if one or some of its members face prosecution for swindling and other crimes. Other aspects covered by religious freedom are: the separation of Church and State and the freedom of religious profession and worship. Flag salute not mandatory Years ago in one US case, the Supreme Court upheld the right of the members of a religious sect to refuse to salute the flag. This doctrine was adopted by our Supreme Court.
An earlier ruling upheld the compulsory flag salute. Justice Frankfurter was talking about his opinion over cocktails at Hyde Park when Mrs. Eleanor Roosevelt impulsively declared that regardless of the justice’s learning, there was something wrong with an opinion that forced little children to salute a flag when such a ceremony was repugnant to their conscience.
Impeachment if ... Even President Noynoy cannot stop the prosecution of a crime by a city/provincial prosecutor. If he tries to stop DOJ and its prosecutors from filing criminal cases, even against his Cabinet members, he is liable for impeachment on two grounds: culpable violation of the Constitution and betrayal of public trust.
The state is not given a choice to prosecute or not to prosecute persons who have committed a crime or crimes if probable cause exists. Most public officials facing serious accusations in the Sandiganbayan are probably members of the dominant Catholic religion but DOJ has not been bothered by protest from fellow Catholics by the thousands.
High duty The Revised Penal Code and other penal laws need to be enforced by the state as a matter of high duty and reminder to all citizens to respect the law. If law enforcers are prevented from applying the law fairly and equally we can expect chaos and bigger protests in many parts of the country.
And if the government totally ignores the people’s grievances this can lead to people power that ousted martial law and deposed Erap from office.
Blocking roads is illegal
One important right people can enjoy is “peaceably to assemble and petition the government for redress of grievances.” This right is not license to occupy or block streets and highways in anger to denounce any government agency. When people gather by the thousands in one or two places which they occupy for two or four days, they also leave trash and dirt that can spread an epidemic. This is not expressing grievance but spreading disease and foul odor within the vicinity of the occupied road.
Ordinance on sanitation
The grant of permit to rally and meet does not include breaking the ordinance on sanitation and hygiene. TV cameras on P. Faura street showed the usual dirt and filth left by the hundreds who greeted the DOJ secretary “Happy Birthday” this week.
The only way to stop a prosecution is to get a final decision of acquittal or conviction. If there’s an appeal, final judgment by the Supreme Court is necessary. (Comments are welcome at roming@pefianco.com).