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Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera

Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera. Jo Aurea Imbong , Esq. PHILIPPINES. 18 th Annual Conference on Religion and Law Brigham Young University, Provo, Utah October 2-5, 2011. The CCP Cultural Center of the Philippines. CCP’s mandate.

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Freedom of Expression and Blasphemy: a Quest for Boundaries in Dayrit v Abrera

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  1. Freedom of Expression and Blasphemy:a Quest for Boundaries inDayrit v Abrera Jo AureaImbong, Esq. PHILIPPINES 18th Annual Conference on Religion and Law Brigham Young University, Provo, Utah October 2-5, 2011

  2. TheCCP Cultural Center of the Philippines

  3. CCP’s mandate “The CCP nurtures artistic excellence, Filipinoaesthetics and identity and positive cultural values x x x” http://www.culturalcenter.gov.ph

  4. 1970’s California Gov. Ronald Reagan and First Lady Nancy Reagan are accompanied by President Marcos at the opening of the CCP

  5. 2011 June “POLYTHEISM” by Mideo Cruz

  6. On the ensuing photographs viewer discretion is requested.

  7. Alliance for the Common Good St. Thomas More Society Law Center Pro-Life Philippines Metropolitan Bible Baptist Church Philippine Solidarity Foundation Lighthouse Bible Baptist Church Couples for Christ Foundation for Family & Life Youth Movement for Christ Philippine General Council of the Assembly of God

  8. BACOLOD SunStar Wednesday, August 10, 2011 Bishop Navarra to lead indignation rally vs 'sacrilegious' art exhibit

  9. Posted on August 09, 2011 10:11:29 PM T Outspoken Archbishop Oscar Cruz has stirred a hornet’s nest again, declaring that the art exhibit "Poleteismo“ at the Cultural Center of the Philippines is "sick and their art sickening."

  10. “Where in the world can you see the images of Jesus Christ with a penis? This is sacrilegious. It’s a very obscene exhibit. I don’t think they can call this art. There is a difference between art and insanity.” Congressman Amado Bagatsing August 9, 2011 issue of the Philippine Daily Inquirer

  11. “It was a shameful exhibit. We build [CCP] to be the sanctuary of the Filipino soul and a monument to the Filipino spirit.” Mrs. Imelda Marcos August 9, 2011 Philippine Daily Inquirer

  12. “Public office is a public trust” Constitution Article XI Section 1 “The CCP nurtures artistic excellence, Filipinoaesthetics and identity and positive cultural values x x x” CCP Mission-Vision http://www.culturalcenter.gov.ph

  13. Senator J. Estrada calls for the resignation of the CCP Board

  14. Senator Vicente Sotto threatens to slash CCP budget

  15. http://www.philstar.com/Article.aspx?articleId=715131Accessed August 10, 2011 bluejecposted on Aug 10, 2011 10:15 AM Dapat mo rin malaman ang kaibahan ng art sa pambaboy.

  16. President Aquino: "I was in contact with several board members [of CCP] yesterday and I told them I am a Christian and the country is at least 85 percent Christian then there is this depiction of Christ that offends people, that’s wrong.” Manila Bulletin August 10, 2011

  17. President Aquino: “CCP is funded by public money and should be in the  service of the people. So when you insult the  beliefs of most of the people, where is that service.” “ x x x one’s freedom ends when it tramples another.”

  18. Senate President Juan Ponce Enrile orders a full-blown investigation into the management of the CCP

  19. Senate committee to subpoena artist http://www.philstar.com/Article.aspx?articleId=717353&publicationSubCategoryId=63 Accessed August 30 2011

  20. Most Rev. Jose Palma, DDIncoming President--CBCP “Cruz’s works were offensive to the clergy because it’s not just a picture [but] a picture of Jesus Christ, the picture of God, someone we adore.” “We would be mad if the same is done to a picture of a loved one, more so God. It should not be repeated.”

  21. Despite closure Lawyer Jo Imbong  of the St. Thomas More Society of Lawyerssaid they will file criminal charges against the CCP and artist Mideo Cruz for offending Christians. August 9, 2011 http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminal-charges-for-blasphemous-art/

  22. Catholics troop to Ombudsman's office, file charges vs CCP execs (Abrera et al & artist Cruz) http://www.interaksyon.com/article/10724/catholics-troop-to-ombudsmans-office-file-charges-vs-ccp-execs Accessed August 11 2011

  23. St. Thomas More Society Law Center Alliance for the Common Good Pro-Life Philippines Metropolitan Bible Baptist Church Philippine Solidarity Foundation Lighthouse Bible Baptist Church Couples for Christ Foundation for Family & Life Youth Movement for Christ Philippine General Council of the Assembly of God

  24. Revised Penal Code Article 201- Immoral doctrines, obscene publications and exhibitions, and indecent shows Those who, in theaters, fairs, cinematographs orany other place exhibit indecent or immoralplays,scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those whichx xx offend anyrace or religion; are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts.

  25. The CONSTITUTION No law shall be passed abridging the freedom of speech, of expression, or of the press x x x Bill of Rights Arts and letters shall enjoy the patronage of the State. Article XIV Section 14

  26. The CONSTITUTION The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed. Bill of Rights

  27. The Constitution Article XV, Section 3 The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood.

  28. Philippines: deep Christian tradition and identity

  29. 90 % Christian 82 % Roman Catholic

  30. Other Crimes against religious worship Art. 132. Interruption of religious worship.—any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. . Art. 133. Offending the religious feelings.—anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.

  31. CCP shall— x x x awaken the consciousness of our people to our cultural heritage and assist in its preservation, promotion, enhancement and development Section 2, Pres. Decree # 15

  32. “Public office is a public trust.” Article XI Section 1 CONSTITUTION

  33. September 2010 Celdran Arrested and detained for disrupting an ecumenical service being held inside the Manila Cathedral. http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminal-charges-for-blasphemous-art/

  34. We condemn in particular the blatant disrespecthe displayed towards His Eminence Gaudencio B. Cardinal Rosales, Archbishop of Manila, the Apostolic Nuncio to the Philippines Archbishop Edward Joseph Adams and the bishops and priests and representatives of other religions present during the worship service. Statement of the Clergy of Manila

  35. Manila : Philippines | Mar 10, 2011 Celdran apologizes to church officials for Disrupting prayer service http://www.allvoices.com/news/8438231-celdran-apologizes-to-church-officials-for-disrupting-prayer-service

  36. March 25, 2010 Resolution to condemn ”Defamation of Religion” #10 “Deplores the use of print, audio-visual and electronic media … and any other means . . . targeting religious symbols and venerated persons.”

  37. March 25 2010 Resolution to condemn ”Defamation of Religion” #16 “Calls upon States to make the utmost effort to ensure that religious places, sites, shrines and symbols are fully respected.”

  38. Human Rights Council vote March 25, 2010 Yes 20 Pakistan (OIC) Indonesia China Nigeria PHILIPPINES No 17 Abstain 8 http://www.starmometer.com/2011/08/09/cultural-center-of-the-philippines-and-mideo-cruz-to-face-criminal-charges-for-blasphemous-art/

  39. “Intangible Cultural Heritage”  The practices, representations, expressions, as well as the instruments, objects and artifacts associated therewith that communities, groups and individuals recognize as part of their cultural heritage, Republic Act # 10066 - TheNational Cultural Heritage Act

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