Police Power and Due Process

This is Part 3 of a series of guest posts entitled "The Constitution and Cardboard Justice", by my friend and churchmate, Goya Pableo. To read the previous articles, click on the links below.

Part 1

An offense done against a person is considered done against the State, much like every sin we’ve committed is, in totality, a sin against God.

We already know the basic concept of human rights and due process. Now, we’ll look at the State’s sovereignty and due process, zooming in on how our policemen are carrying out their mandate in this war against illegal drugs.

Part 2

‘Police Power’ and Due Process

‘Police power’ (not to be confused with the power of policemen) is inherent in any State, describing its authority to enact laws for the public welfare. The State’s sovereignty relies greatly on this inherent power for survival. However, does that mean that the State could do everything it desires to guarantee ‘public welfare’?

Police power is inherent but not limitless. The principle of due process -- not just the mere semblance of it, but the principles of justice and fairness which it seeks to protect -- is related to the doctrine of natural law and inalienable rights (Mott, 1926). Due process is a necessary boundary to police power, especially in cases concerning human lives.

Police Operations

According to news sources, more than 300-500+ alleged drug peddlers have been killed in police operations. The policemen do not condone summary killings; however, they would still undergo investigations to verify the validity of their operations regardless of the pardon¹ that our President promises to give them. An advance pardon would not exclude one from the entire operation of the law.

PNP’s war on drugs is different from the summary killings carried on by unidentified men, which they do not condone. Nonetheless, they are mandated to have “no mercy” during operations – but only under circumstances where their lives are threatened. Our policemen need to make a credible effort to avoid unnecessary killings in their buy-bust operations.²

It is tempting to be discouraged by how the government is wielding its police power seemingly without regard to due process. On the other hand, we acknowledge that policemen die in these buy-bust operations. How then do Christians honor the civil authorities and at the same time, uphold the rule of law?

God’s Sovereignty Over All

God’s Word admonishes us to submit to our government (Romans 13:3-4) for it protects the innocent and punishes wrongdoing (the punishment being commensurate to the crime committed, as pronounced in Exodus 21:23-25 and as echoed by lex talionis). By condoning summary killings and intolerant police operations, we are systematically disintegrating this protective shield. As Christians, we should also consider that every person executed – whether summarily or under the police, whether alleged drug peddler or policeman – is deprived any further opportunity to hear the Good News, repent, and be saved (even if that has to happen in prison).

In light of God's grace towards us as sinners, can we really approve of the arbitrary killing of any human being?

God's sovereignty does not excuse our irresponsibility, whether it’s in blindly supporting or vehemently detracting our current government. As Christians, let us uphold each person’s dignity, remembering that only upon hearing and understanding the Gospel can any one be pardoned of sin committed against the Sovereign God.

One major argument of those who condone this war is “What of the victims? You’re not in their shoes…” We’ll thresh that out in the next post.

Sources:

"Drugs Death Toll." Digital image. ABS-CBN News. August 4, 2016. Accessed August 8, 2016. https://www.facebook.com/abscbnNEWS/photos/a.84382255167.92215.27254475167/10154229209455168/?type=3&theater.

Cupin, Bea. "PNP Chief: 'I Do Not Condone Summary Killings'" Rappler. July 08, 2016. Accessed August 25, 2016. http://www.rappler.com/nation/139079-dela-rosa-pnp-not-condone-summary-executions.

Esguerra, Anthony Q. "Duterte Tells Critics: Count Cops, Soldiers Killed in Drug War, Too." Inquirer.net. August 25, 2016. Accessed August 25, 2016. http://newsinfo.inquirer.net/809417/duterte-tells-critics-count-cops-soldiers-killed-in-drug-war-too.

Gutierrez, Jason. "Body Count Rises as Philippine President Wages War on Drugs." The New York Times Asia Pacific. August 02, 2016. Accessed August 25, 2016. http://www.nytimes.com/2016/08/03/world/asia/philippines-duterte-drug-killing.html.

Macas, Trisha. "Duterte Promises Pardon, Promotion for Law Enforcers in Legal Trouble." GMA News Online. August 05, 2016. Accessed August 8, 2016. http://www.gmanetwork.com/news/story/576506/news/nation/duterte-promises-pardon-promotion-for-law-enforcers-in-legal-trouble.

Mott, Rodney L. Due Process of Law: A Historical and Analytical Treatise of the Principles and Methods Followed by the Courts in the Application of the Concept of the "law of the Land" Indianapolis: Bobs-Merill Company, 1926.

Pacia, Sarah Isabelle. The Kill List. JPEG. The Philippine Daily Inquirer, August 15, 2016. Accessed August 25, 2016. https://www.facebook.com/inquirerdotnet/photos/a.10150441841044453.385336.142802334452/10154752981549453/?type=3&theater.

Rosalado, RJ. "Duterte to Law Enforcers: Show No Mercy to Drug Lords." ABS-CBN News. July 25, 2016. Accessed August 25, 2016. http://news.abs-cbn.com/news/07/25/16/duterte-to-law-enforcers-show-no-mercy-to-drug-lords.

Rosette, Adel. "Human Rights Advocates Urge Duterte to Stop Extrajudicial Killings." Philstar Global. July 14, 2016. Accessed August 9, 2016. http://www.philstar.com/headlines/2016/07/14/1602791/human-rights-advocates-urge-duterte-stop-extrajudicial-killings.

Footnotes

1 Pardon can only be given after a verdict of ‘guilty’ – it implies that the offender has admitted his wrongdoing.

2 A buy-bust operation is a police strategy wherein a law enforcer poses as a drug buyer and catches a drug peddler whose selling illegal drugs.

CROSSviews: Timeline of the Advance of the LGBT Agenda in the Philippines

CROSSviews: Timeline of the Advance of the LGBT Agenda in the Philippines

Timeline of the LGBT Movement in the Philippines

I've been immersing myself in research on the LGBT issue, particularly with regards to anti-discrimination laws and same-sex marriage. There's so much more reading to do, but already my brain feels like pudding.

Before I call it a night and shift to more pleasant labors, I just want to share this partial timeline that I've put together regarding the advance of the LGBT agenda in the Philippines. It's definitely not light or happy reading, but we need to inform ourselves because we cannot be ignorant or silent on this issue.

1968

The Metropolitan Community Church (MCC), a non-denominational Protestant church, is founded in the United States. It is " the world’s first church group with a primary, positive ministry to gays, lesbians, bisexual, and transgender persons."

1987

July 6 - The Family Code of the Philippines is passed. Article 1 states, "Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code."

1991 

A group of Filipino gay men begin the process of bringing MCC to the Philippines. Meetings were first held in Manila, then Makati. Other gay-affirming churches would follow: LGBTS Christian Church, Freedom in Christ Ministries, ECOG.

1992 

The first LGBT pride march is held in Manila. From hereon, the city holds it annually.

1995 

Representative Rey Calalay files a bill proposing to recognize the “third sex” as a sector.

1999

The Lesbian and Gay Legislative Advocacy Network (LAGABLAB), the country's first LGBT lobby group, is formed.

2000

LAGABLAB helps craft the first version of the Anti-Discrimination Bill, seeks to offer special civil protections for LGBTs. The ADB is then submitted to Congress by Miriam Defensor-Santiago and Akbayan Representative Etta Rosales. The bill faces stiff opposition and lacks a strong base of supportive legislators.

2001 

LAGABLAB, Amnesty International Pilipinas and the International Gay and Lesbian Human Rights Commission (IGLHRC) and other supportive organizations launch the Stop Discrimination Now Campaign to support the passage of the bill.

2006

September 13 - MCC, which has been limited first to Manila, then to Makati, begins establishing Bible studies and support groups in Quezon City.Eventually, MCC's Rev. Ceejay Agbayani would have his ordination repealed and form his own church, the LGBTS Christian Church.

2007

October - In the case of Silverio vs. The Republic of the Philippines, the Supreme Court rules against the petition of Rommel Silverio to have his name changed to "Mely" and his sex changed to female.

The Study New Testament for Lesbians, Gay, Bi and Transender is published. It is the first study Bible advocating revisionist, pro-LGBT interpretations of key passages.

2008

September 23- Jennifer Cagandahan officially becomes "Jeff" and is recognized as legally male, by virtue of the Supreme Court's upholding the decision of the local court of Siniloan., Laguna.

2009

The Inclusive Bible is published. The TIB is the first "egalitarian" translation of the Bible, replacing male pronouns and claiming to present the same ancient truths in "new and non-sexist ways".

2011

ABS-CBN releases "Nasaan Ka, Elisa," the first teleserye to explore LGBT themes. This is followed by "Huwag Ka Lang Mawawala" (2013), and "Till I Met You" (2016). GMA Network follows suit with "My Husband's Lover" (2013), "The Rich Man's Daughter" (2015), and "Destiny Rose" (2015).

2012

The Queen James Bible is published. The description reads, "The Queen James Bible is based on The King James Bible, edited to prevent homophobic misinterpretation."

2013

March 25 – The Quezon City Pride Council is launched. It is created by official order of Mayor Herbert Bautista in order to oversee the integration of all city programs and projects for the LGBT community. The Council is composed of notable individuals that promotes and advocates LGBT rights from different industry and profession. Also part of the Council are members of the Local Government sectors.

June 28 - The Inquirer reports that the country ranked as the 10th most gay-friendly in a global survey covering 39 countries, in which only 17 had majorities accepting homosexuality. Titled "The Global Divide on Homosexuality," the survey conducted by the Pew Research Center shows that 73 percent of adult Filipinos agreed with the statement that "homosexuality should be accepted by society," up by nine percentage points from 64 percent in 2002.

However, the results are downplayed by Jonas Bagas, executive director of the TLF Share Collective, who said, "I think that the study only reflects the perceived acceptance of the LGBT community based on the high visibility of gay entertainers. It’s acceptance [that is] contingent on how you fit the acceptable stereotype—the gay entertainer, the creative, talented bakla, the lesbian security guard."

The following year, in another survey, the Pew Research Center reported that 65% of the Philippine population saw homosexuality as morally unacceptable.

Nov. 27 - Dec. 3 - InQCity Independent Pride Film Festival. One promotional blurb said this: "Headed by the Father of Pinoy Queer Cinema himself, Director Cris Pablo promises everyone a list of most sought after films for the family and for LGBT."

2014

June 21 - Rev. Agbayani leads a mass gay wedding in QC.

August 7-10 -  The National Conference and Meeting on Sexual Orientation, Gender Identity and Expression (SOGIE) is held in Butuan City.

October - The QC Council passes the "Gender Fair" City Ordinance. It prohibits discrimination based on sexual orientation, gender identity and expression (Sogie) in the city. Bishop Emerson Beriones of the Orthodox Church says, "This is not the first in the Philippines, but the most comprehensive, the deepest, in protecting LGBT rights."

December 9 - Celebrity wedding of Aiza Siguerra and Liza Diño in San Francisco, CA.

December 9-16 - Quezon City International Pink Film Festival held. It was the largest international film festival that features films that highlight the lesbian, gay, bisexual, and transgender (LGBT) community.

December 13 - The first gay pride march in QC was held, in commemoration of the 20th anniversary of the first pride march in the Philippines. The event was organized by the QCPC and attended by about 4,000 members and supporters of the LGBT community.

According to council member Jeffklein Glodove, “QCPC defines equality in all aspect of life. Equality in the workplace, social services, and delivery of goods without any discrimination regardless of gender identity and sexual orientation."

2015

June - Rev. Ceejay Agbayani Jr. leads a mass gay wedding in Project 8, Quezon City. CNN Philippines reports that Agbayani has presided over 600 LGBT weddings since 2006, and that he issues a certificate of marriage to each married couple.

2016

February - Congressman Manny Pacquiao expresses his stance against same-sex marriage. He is misquoted as saying that homosexuals are "worse than animals". LGBT celebrities (Vice Ganda, Aiza Sigeura, Boy Abunda) use this opportunity to demean those who are against the legalization of same-sex marriage. Pacquiao feels compelled to issue an apology for his choice of words, though he maintains his convictions.

April-June - The QCPC conducts an HIV/AIDS Seminar and Orientation in every baranggay of QC.

June 25 - Freedom in Christ Ministries rallies at the Metro Manila Pride March to ask for forgiveness on behalf of Christians and the church.

May - Geraldine Roman of the Liberal Party becomes the first transgender official in Philippine history. He won 62% of the unofficial votes, with a 99% turnout.

August 15 - Philippines AirAsia announces that it is open to transgender applicants for all vacant positions. According to Philippines AirAsia Chair Marianne B. Hontiveros,“The success of AirAsia is largely driven and inspired by people who dare to make a difference. In the weeks and months ahead, expect exciting times, significant changes and improvements from Philippines AirAsia as we are set to expand our operations, increase our fleet, launch new international flights, and introduce innovations.”

Related Articles

The NBA Canceled All-Star Game in Support of LGBT Agenda

Taken from http://www.wsj.com/articles/nba-pulls-all-star-game-from-charlotte-over-north-carolina-bathroom-law-1469138932

Basketball is a big thing in the Philippines, especially the NBA. I'm not a fan myself, just a casual and occasional spectator. But there was an interesting and important development earlier this month, when the NBA decided to pull its all-star game from Charlotte in North Carolina, due to the state's bathroom law.

No, that wasn't a typo.

If you haven't been following the unfolding of the moral revolution in the U.S. in recent years, you might be wondering, What in the world does the NBA have to do with bathrooms? And what's a "bathroom law"?!

In order to understand what's going on here, we need to take a quick peek at the big picture.

The Moral Revolution in the U.S.

There has been a strong, well-funded, politically powerful, and hugely successful movement in the U.S. to reject all vestiges of Christian influence in the government and other public institutions. This is part of the secularization of their society. In a totally secular state, religion would have absolutely no place in the public square, because it would be dismissed as an entirely private thing. Europe has led the way in this, and America has been heading down that path at frantic speed.

Part of the moral revolution is the promotion of the LGBTQA+ agenda (lesbian-gay-bisexual-transgender-queer-androgenous-???), which is forcing American society to reinvent itself in order to accommodate the demands of a very small minority of its citizens (about 3%). Here are some examples of what's been happening.

• In April 2014, the U.S. Department of Education issued a statement that LGBT students would be protected from "discrimination" under Title IX of the Education Ammendments of 1972. It is a federal civil rights law that prohibits discrimination on the basis of sex in all educational institutions that receive federal funding.

• In June 2015, the U.S. Supreme Court declared same-sex marriage to be legal in all 50 states. 

• In March this year, big business firmly took a side when it formed the Business Coalition for the Equality Act -- a group of about 60 companies including Apple, Microsoft, Nike, Google, Amazon, Best Buy, Pepsi, Coke, Accenture, and Facebook -- which seeks additional federal protection for LGBTs.

House Bill 2

One of the recent developments in the moral revolution has to do with public bathrooms. The proponents of the LGBT agenda are now determined to outlaw the traditional assignment of bathrooms as being for either "males" or "females".

Of course, they failed to consider how difficult it would be for, say, 18 girls to use the ladies' locker room in a New York recreation center after they saw a bearded man in the changing room.

To protect its citizens from such situations, the government of North Carolina issued in May this year law called "House Bill 2". HB2 requires people to use the public bathroom that accords with the sex they were assigned at birth.

Immediately, the Department of Justice warned North Carolina that its "discriminatory" law violated the civil rights of LGBTs and could mean the loss of millions of dollars in federal funds.

The NBA's Boycott

The NBA has recently made clear that it supports the LGBT agenda and opposes HB2. As early as April, NBA Commissioner Adam Silver called the legislation "problematic". Consequently, it decided to boycott and humiliate North Carolina by canceling its all-star game in the state's largest city. The league issued this statement,

While we recognize that the NBA cannot choose the law in every city, state, and country in which we do business, we do not believe we can successfully host our All-Star festivities in Charlotte in the climate created by HB2.

The move is estimated to have cost the state $100,000,000 in potential revenue, a significant loss for any state. This is a clear signal to all those who oppose the pro-LGBT agenda: "Surrender unconditionally, or suffer the consequences."

What's more, the NBA is actually being inconsistent with its own sex and gender policies. Tami Fitzgerald, the Executive Director of the NC Values Commission, issued this critique:

The League has decided that advancing a political agenda that embraces allowing grown men into the bathrooms and showers of young girls is more important than protecting the privacy and safety of their fans. ...

20 years ago this year, the NBA recognized the innate biological differences between men and women and created the WNBA to provide opportunities for women to play a sport they love with other women.

Today, the NBA denies these biological differences and seeks to force women to compromise their privacy and safety in the stadiums in which their leagues play.

This is hypocrisy at its worse and yet another example of the bullying and deceitful tactics opponents of privacy and freedom are making.

The NBA should be ashamed of itself for using North Carolina--particularly its young girls--as a political pawn for an out-of-touch agenda that compromises both dignity interests and privacy rights. The NBA issued guidance last year that teams and leagues must invest more in family-friendly sponsorships and activation campaigns to make their events more family-friendly.

And let's remember that all this fuss has come about because of the insane demands of the moral revolution to turn its society upside-down so that 3% of its population wouldn't feel bad when 18 teenage girls can't use the women's changing room for fear of running into a bearded man.

How Should Christians Respond?

Evangelicals can't condone the stance that the NBA has taken against religious freedom in favor of LGBT “rights”. But what would that mean, in practical terms? I don't think there's any one response that all Christians, everywhere, should take. Since the Bible doesn't address this situation directly, it's up to us to inform ourselves and decide according to conscience.

Sources:

1. Bill Chappell. "Supreme Court Declares Same-Sex Marriage Legal in All 50 States". NPR.org.
2. Leon Stafford. "Coke joins coalition fighting for LGBT equality". AJC.com
3. GLSEN. "U.S. Department of Education Issues Guidance Clarifying Title IX Protections for Transgender Students". GLSEN.org.
4. Eric Lichtblau and Richard Fausset. "U.S. Warns North Carolina That Transgender Bill Violates Civil Rights Laws". NYTimes.com
5. Belinda Luscombe. "Even in Liberal Communities, Transgender Bathroom Laws Worry Parents". Time.com
6. Cox Media Group. "Statements in response to NBA pulling All-Star Game out of Charlotte". WSOCTV.com.

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