Lawyers group says 'Marcos resign' calls not seditious
MANILA, Philippines — Is calling for the president to resign "close to inciting sedition" as the Department of Interior and Local Government claims? The National Union of Peoples' Lawyers refuted this, saying the call is "a constitutionally protected act of political expression" that Filipinos are entitled to.
In a statement on Tuesday, November 18, the NUPL explained that jurisprudence has long held that the state must first establish a "clear and present danger" when alleging destabilization attempts before it can curb public speech.
"Contrary to Secretary Jonvic Remulla’s claim, a public call for the resignation of President Marcos Jr., especially in the face of unresolved allegations of large-scale corruption, is not sedition," it said.
Citing Primicias v. Fugoso, the group said that "fear of disruption is never enough to justify the suppression of public speech."
NUPL further stressed that simply calling for Marcos to resign does not, by itself, show that the government is at risk of being overthrown by citizens frustrated with delays in prosecuting and properly investigating officials implicated in corruption.
Instead, it is the public’s "legitimate expression of indignation" over accusations that the president allowed or overlooked millions of pesos allegedly pocketed by his top officials, more so with the latest claims that Marcos may have ordered it himself.
"These calls reflect a public that refuses to accept silence as complicity," the group said.
The group's response came after the DILG characterized the United People’s Initiative’s ouster calls as "close to inciting sedition," a remark that Remulla said would be investigated following the group's rally at the People Power Monument last November 16.
For Remulla and law enforcement to warn of possible inciting-to-sedition cases only shows the government’s "intent to further chill dissent" rather than address the issues directly, NUPL said.
It also criticized the DILG for showing a "double standard," pointing out that demonstrators of the September 21 anti-corruption rallies faced immediate prosecution and detention, whereas those accused of corruption remain at large.
The group of lawyers said Filipinos are no strangers to authoritarian rule. When confronted with such power, they know how to respond — just as they did during the 1986 People Power Movement that ousted the late dictator Ferdinand Marcos Sr.
"The Filipino people have confronted authoritarian power before, most decisively in 1986 when they removed a dictator who believed himself invulnerable. They know too well the dangers of unchecked authority and the steep cost of silence," NUPL said.
"They defend their freedoms not for spectacle or disorder but out of an unyielding understanding that no democratic institution can endure without them," it added.
The group urged vigilance as another major anti-corruption protest looms on November 30, saying that the police's previous use of force could make incitement to sedition warnings a pretext to restrict public gatherings.
"If the pattern holds, the State may again resort to brutality and violations of basic rights in an effort to suppress protected acts of discontent and dissent," NUPL said.
For its part, the DILG said on Wednesday, November 19, that it continues to uphold the right of citizens to organize and stage peaceful assemblies.
However, the agency also said it will enforce laws against unlawful destabilization, including acts or statements that incite resistance against authorities or may constitute sedition or inciting to sedition.
"Ensuring that citizens can speak and gather freely, while upholding the laws that guard against unlawful destabilization, is essential to a functioning democracy," the DILG said.
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