Breaking the impasse

It is a universally accepted truism that there can be no peace without justice. But with the current happenings in our country, I am now equally convinced that the opposite is also true – that there can be no justice without peace. To be sure, I have previously heard this truism in the homily of a priest whose name escapes me now. The gist of his message is that if both sides to the ongoing controversy rocking our country carry a deep resentment and indignation against each other and thus do not have peace in their hearts, Justice – which is actually just sorting out the right from the wrong, the truth from the falsehood – will never be achieved. With mutually belligerent attitudes, either side cannot realize their goals. Those angrily denouncing GMA’s alleged "lying, cheating and stealing" and furiously demanding her resignation can not expect to attain their objectives, neither can GMA expect them to forget everything and just move forward for country’s sake with her obviously annoyed stance aggravated by the aggressiveness and antagonism of some of her cabinet members.

The present political standoff is irreparably damaging our nation. And its single biggest cause is nothing but the tendency of both sides to justify themselves while at the same time blaming the other. A classic example happened last Friday when the law enforcers used water cannons to disperse the rally near Mendiola which, from all appearances was relatively peaceful (some jokesters call it the "canonization " of he "religious" marchers). The police tried to justify their action by claiming that the street marchers violated B.P. 880 because they had no permit to rally there. But when confronted with the provision of the very law banning the use of water canons to disperse a peaceful rally, the police still insisted they were right by belatedly showing video footages of armed rallyists. On the other hand, the street protesters knew well enough that their permit was limited only to Plaza Miranda but they still proceeded to Mendiola on their own stubborn but judicially unconfirmed belief that B.P. 880 is unconstitutional as it denies them free access to public places that comes hand in hand with their right to peaceably assemble.

The wielders of power are in better position to break this kind of impasse. They should curb the use of the full force of their might even if doing so seems to be right. A growling bulldog should not be unleashed against a yipping Chihuahua to prevent cruelty in a lopsided mauling. In calibrating the various rights that come into play, the weighing scales should tilt in favor of the freedom of expression which has primacy and precedence. CPR is therefore overkill especially against a few hundred protesters who cannot really cause much public disorder if allowed to peacefully and freely do their thing. The disruption of daily life and business is caused more by the presence of thousands of policemen out to stop a handful of marchers. Such ruthless display of force only rekindles sympathy and support to demonstrations which have been steadily dwindling and losing followers.

The repressiveness of the CPR is aggravated by a misunderstanding of the Public Assembly Act ( B.P. 880) itself on the part of the police and the Mayors. The police should not just disperse a rally for a lack of permit. They should first find out if there is an application for a permit and no action is done on it within 2 days. For such inaction means that the permit is deemed granted. The Mayors on the other hand, should realize that their duty is to issue permits to rally in public places unless they can prove by objective and convincing evidence that there is an imminent and grave danger to public safety, order, health or morals in issuing it. Theirs is not the power to sweepingly and arbitrarily designate prohibited zones where rallies are banned; but the duty to designate freedom parks where peaceful assemblies are allowed even without permits.

On the other hand, the street protesters should not take the law into their own hands by assembling sans a permit in just about any public place outside its coverage or outside public school campuses or freedom parks which are the only public places where rallies are legally allowed without permits. They may be right in claiming that the licensing authority has abused its power in refusing to grant a permit or in designating prohibited zones rather than in pinpointing freedom parks but they have no right to impose their own self judgment on the matter. They have to validate their claim in a court of justice no matter how skeptical they are on the workings of our justice system.

Both sides should therefore refrain from justifying themselves and blaming the other. They have to admit their own shortcomings and rethink their hardened positions. This is the only way to end the stalemate and bring peace so vital in our quest for justice on the current turmoil wrecking havoc on us.

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