Civil societies, NGOs, the United Church of Christ in the Philippines, and Iglesia Filipina Independiente have asked for the repeal of Ordinance #5, declaring it as unconstitutional, unnecessary, and an invalid exercise of police power.
The Provincial Ordinance No. 5 which was passed in 2009 prescribes that before any group can enter and conduct medical and fact-finding missions within remote areas, they must first secure a permit from the provincial government of Negros Oriental.
Resolution No. 1026 states that “the Local Government unit shall regulate the conduct of outreach activities such as medical and fact-finding missions by acquiring reliable information which can easily be back-tracked to and serve as guidance for appropriate and immediate action, in cases where untoward incidents happen to the teams who conduct medical and fact-finding missions in areas of armed conflicts.”
The Ordinance states that before any group can go anywhere in the hinterlands of the Province, they need to secure a permit, but according to Pastor Callum Tabada and Rev. Jerome Nalam: “If one would look into the ordinance, it’s more than securing a permit. How will you consider securing a permit if they [log you in the] blotter, inspect everything that you bring for the mission, list everyone in the group, and [order you to] strictly follow the itinerary? And that the group or anyone in the group who would go beyond the restriction will be fined or imprisoned.”
“The church sees it as a limiting ordinance to what we usually do in terms of the church’s side and in terms of expressing our faith, because our Christian faith compels us to help those who are in need,” Tabada added.
According to Rev. Nalam, it is okay for them to be escorted by the military, but they worry about the community especially those who are affected by military invasion.
“What if there are people in the community who are afraid of the military? Or if military would have an encounter with the New People’s Army, that will put the community and the church workers in danger,” he said.
The National Union of People’s Lawyers is also of the opinion that Ordinance no. 5 does not comply with the regulations of enacting police powers for public affairs, and that it is unduly repressive, unreasonable, and therefore, unconstitutional and unnecessary. It is redundant to the requirements of NGOs doing medical, humanitarian, and fact-finding missions.
Tabada also quoted Atty. Mikhail Lee Maxino, dean of the SU College of Law, that Ordinance #5 is about prior restraint on the exercise of freedom of expression. “It does not present ‘clear and present danger’ and it is vague; there are no guidelines as to how the Governor can make its decisions if sugtan ba or dili. Wala’y clear sense of guidelines,” Tabada said.
Nalam added: “It also curtails the freedom of expression and worship which is kining atong pagtabang sa mga tawo sa kabukiran, is actually an expression of our faith because our faith calls us to help those who are in need, and the church takes care of all the people whether good forces or rebelde, dili ta mupili. Because we help all, the church is what we call a sanctuary.”
Ordinance #5 was passed in 2009 after students from Cebu, who were allegedly on a medical mission, were believed to be NPA rebels, and were killed in an encounter with the military in Zamboanguita. (Frisian Descallar and Eula Libo-on/SU Masscom)
