Unfortunately, both sides appear to be vulnerable. Among the "truth" seekers are ambitious and self seeking politicians whose motives are not as pure as they appear to be. On the other hand, the palace has not satisfactorily answered questions brought about by their own self incriminating statements and actions with all the earmarks of suppressing the truth written all over them as shown by the disappearance of vital witnesses. Hence the convening of this Citizens Congress has once more elicited mixed reactions that continue to divide the country and leave the citizens more confused. Even our Bishops seem to be divided. Have they already abandoned their call for the creation of a "Truth Commission"?
But whether the CCTA is merely intended to vilify GMA or to find out the truth, it cannot be denied that it is a legitimate exercise of the freedom of assembly or the right of the people peaceably to assemble and petition the government for redress of grievances. The exercise is legal even without a permit because it is held in a public school campus which is allowed by the Public Assembly Act. They must only watch out for utterances, proclamations, writings, emblems, banners, cartoons or other paraphernalia or documents that may bring into hatred or contempt, or excite disaffection against the government. The gathering should also avoid any public and malicious imputation of any crime, vice or defect, act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of any person. In other words anything seditious or libelous should be avoided.
Outbreak of violence must also be prevented. The law itself (BP 880) provides for the presence of the police within 100 meters from the gathering purposely to prevent or quell such violence. Hecklers may be inevitable. But it is not the kind of violence that is prohibited by law. The word "peaceably" in the Constitution does not mean complete absence of disorders. Utmost calm is not required because on such occasions, "feeling is always wrought to a high pitch of excitement depending on the gravity of the grievance" (Reyes vs. Bagatsing 125 SCRA 556). The heckling at the recent assembly in the UP theatre is therefore par for the course. But resort to force against the hecklers is already out of bounds. It should not have happened if the police responded immediately.
The calling of a Citizens’ Congress is understandable. Apparently the more formal and authoritative avenues for the redress of the grievances or for the "truth" to come out are being shut down. The lower house has aborted the impeachment process. The streets have become too dangerous because of the CPR. It is in this light that the CCTA should be viewed.
But personally, I believe that the exercise is a waste of time, money and effort, not to mention the talents of the participants. Its fact finding process may hew close to the judicial rules but whatever they establish in the proceeding will have no binding force or authoritative effect on any of the government institutions. At the end of the day, it can be said that the CCTA is but an exercise in gaining a lot of media mileage to keep the current, unresolved political issues alive until they are brought to a satisfactory closure. It is like the Consultative Commission (ConCom) created to study and propose amendments to the Constitution which is the official function of Congress as a constituent assembly or of a constitutional convention called by Congress. This ConCom was apparently created to draw away the peoples’ attention from the current political crisis which is precisely what the CCTA would like to keep alive. Like the CCTA, the ConCom is also a waste of time, talent and effort because the fruits of its labor have no binding effect on the Government Institution officially tasked with the function it is performing now. Both the CCTA and the ConCom are therefore an exercise in futility and superfluity. The only difference between the two assemblies is that the CCTA is funded by the private sector while the ConCom uses tax money.
E-mail at: jcson@pldtdsl.net