The Legacy of Religious Tyranny and Carlos Celdran

Metropolitan Trial Court Judge Juan Bermejo Jr. recently sentenced activist and Manila tour guide Carlos Celdran to a minimum of two months imprisonment and a maximum of one year for violating Art.  133 of the Revised Penal Code "Offending Religious Feelings" for the September 30, 2010 incident in which the former raised a placard with the word "DAMASO" at Manila Cathedral during a religious service. This happened at a time when fierce public debate was raging regarding the ratification of the Reproductive Health Bill then pending in both houses of Congress.

The fact that Art. 133 is still enshrined in the RPC of the Philippines is a testament to the critical need to revise many provisions of the RPC. Such provisions were promulgated at a time of religious tyranny when the Philippines was under the clerical and secular imperialism of Spain. There is a need to trash and bury such provisions in the dustbins of history. A modern, republican and supposedly democratic state like the Philippines has no room for religious bigotry in its laws. The essence indeed of democracy is the free, open and lively expression of variegated ideas and opinions - with a view of course to respectful exercise of such rights.

Although Celdran did not technically commit blasphemy, the right to express opposing views to established religion is a right and in fact, is a human right. On September 12, 2011 the United Nations' International Covenant on Civil and Political Rights (ICCPR) promulgated General Comment (GC) No. 34, paragraph 3 of which reads: "Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights."In addition, paragraph 9 of the same adds: "All forms of opinion are protected, including opinions of a political, scientific, historic, moral or RELIGIOUS NATURE."

The Philippine 1987 Constitution, Article II, Section 2, portion of which states: "The Philippines renounces war as an instrument of national policy and adopts the generally accepted PRINCIPLES OF INTERNATIONAL LAW AS PART OF THE LAW OF THE LAND...." As such, GC No. 34, being a generally accepted principle of international law, should be considered in revising provisions of the penal code, and such provisions as Art. 133 should be immediately scraped off from our penal book.

Blasphemy is a human right and should be allowed to stand in a modern, secular, republican state. Let religious bygones be bygones.