‘Dumaguete Doctrine’

The gentle yet patriotic people of Dumaguete City have spoken, the palace gods and local overlords be damned. Inviolate and inalienable are their rights to free speech, expression and peaceful assembly to seek redress of grievances from the current dispensation.

Advocating government transparency, accountability, national peace and security, the “Hakbang ng Maisug” prayer rally participants exercised their constitutionally protected freedoms against state-led suppression, restraint and intolerance. 

It encapsulates the “Dumaguete Doctrine.” The freedom of Filipinos to lawfully gather and demand socio-economic and political reforms directly emanates from our Bill of Rights. It is not incumbent upon the behest of any politician.  

Buttressed by the 1987 Freedom Constitution and Philippine jurisprudence – with input from fellow lawyers, former president Rodrigo Duterte, former executive secretary Vic Rodriguez and former congressman Glenn Chong – I introduced this principle to the media and rallyists in Dumaguete. 

Peaceful assembly

The doctrine also stems from our horrible experience dealing with officials in Bulacan and Negros Oriental. We did not want a repeat of the botched rally in Bustos. Our Dumaguete venue was changed twice, which incensed FPRRD. Refusing to be led by the nose, I heard him say, “Sobra na ito. Tuloy tayo.”

The city mayor revoked our permit at the last minute. We intended to stage our rally at the Pantawan along Rizal Boulevard. The flimsy excuse: security concerns over the presence of Tatay Digong. Fortunately, law enforcers were present during our prayer rally in Quezon Park. Citing renovation works related to the centennial celebration, the governor denied us access to the Freedom Park fronting the Provincial Capitol. Several trucks and tractors barricaded the entire park. We did not see any ongoing repair work at all. 

It prompted Digong to question the LGU’s alibi. Why call it a Freedom Park if local officials restrict public access? It contravenes the Batas Pambansa 880 or the Public Assembly Act of 1985. Ironically, it was the father of President Bongbong Marcos Jr. who signed it into law. Is it not ridiculous to see the law blatantly disrespected under PBBM’s term? 

Under Section 4, public assemblies in a freedom park duly established by law or ordinance do not require permits. The law also mandates all local government units to designate one suitable freedom park for demonstrations and meetings at any time without a prior permit, six months after the effectivity of the Act (Section 15). 

Two landmark Supreme Court decisions have cited BP 880. In Bayan vs. Ermita, the Supreme Court stated that the authorities must accord the people’s right to meet, consult and discuss matters of public concern with utmost deference and respect. It added: 

“The right to peaceably assemble and petition for redress of grievances is, together with freedom of speech, of expression and of the press, a right that enjoys primacy in the realm of constitutional protection. For these rights constitute the very basis of a functional democratic polity, without which all the other rights would be meaningless and unprotected.” 

In the IBP vs. Atienza case (a former colleague and I represented the Integrated Bar of the Philippines), the High Court reversed a Court of Appeals decision. It ruled that city mayor Lito Atienza committed grave abuse of discretion in modifying IBP’s rally permit without sound justification and disregarding the Petitioner’s right to be heard. Quoting Chief Justice Artemio Panganiban, the Court said: “In cases involving liberty, the scale of justice should weigh heavily against the government and in favor of the poor, the oppressed, the marginalized, the disposed and the weak. Indeed, the laws and actions that restrict fundamental rights comes to the court with a heavy presumption against validity.”

Solidarity

Cognizant of our rights and existing laws, we marched towards Quezon Park. By my estimation, it is a kilometer away from the Capitol. It was an unplanned, spontaneous street demonstration. Initially, we only numbered around a thousand. 

Our group ballooned to at least 7,000 warm bodies upon reaching the park. We pushed through with the program utilizing an improvised stage and sound system. I must say that no attendee was paid to join the event. It became a prayer rally, protest action and street party. Some participants shared bottled water and bread during the three-hour affair. To say the atmosphere was electric and inspired is to understate.

The men, women and youth of Dumaguete City proudly wore their activist hats. They walked, stood and expressed their dissent in solidarity with us. It is unsurprising since the city was a hotbed of activism, radicalism and resistance against the Marcos dictatorship in the ’70s and ’80s. 

Collectively, we called on PBBM and his administration to forego the dubious Charter change initiative. Incumbent politicians allied with the Marcoses and Romualdezes have no right to desecrate our Constitution to prolong their terms in office.

We demanded that the government unburden the people from inflation, unemployment and low wages or salaries. For the fourth straight month, 30 percent of the bottom-income households were hit hardest by the high cost of goods and services, the Philippine Statistics Authority (PSA) reported. Food inflation for the said economic segment was 8.5 percent in April, higher than the 7.4 percent in March. The national inflation rate stood at 3.8 percent last month. 

Around 2 million Filipinos, 15 years and older, were recorded jobless in March. The country’s unemployment rate rose to 3.9 percent (Labor Force Survey of PSA). While there was a slight decrease in underemployment, at least 5.39 million of the 49.1 million employed Filipinos said they wanted to have more work hours, get an additional job or land a new job with longer hours. Meanwhile, the National Economic and Development Authority warned the Marcos administration that a minimum wage increase of P100 would likely derail economic growth, drive up inflation and lead to higher unemployment. 

We urged the President to be forthright about his health and well-being relative to the drug allegations he is facing. The Philippines needs a leader with a sound mind, healthy body and strong morals.

We asked PBBM to improve our souring relations with China and stop dragging the nation into a conflict that has catastrophic impacts on the Filipinos. The Bank of America said our worsening ties with the Asian superpower could seriously damage the Philippine economy in terms of trade, investment and tourism. I have been saying this since we allowed America to preposition soldiers and arsenals in four additional Enhanced Defense Cooperation Agreement locations.

For as long as the Marcos administration remains blind and deaf to our calls for reforms, we will continue with our activities across the nation. The next stop will most likely be at the heart of the so-called beast.