The Philippine Constitution was crafted in 1987, after Ferdinand Marcos was ousted from Power and Corazon Aquino took the reins. After Marcos had seized power in the early 70’s (he was elected in the 60’s, but did not relinquish power), when he was finally thrown out in 1986, a new Constitution was crafted, and a new age of Philippine democracy was ushered in. Much of the 1987 Constitution was patterned after the US Constitution. Of course, the Philippine Constitution is not a duplication of the US Constitution, but many of the ideals and rights in the US Constitution were put into the Philippine Constitution as well.
One thing that the Philippine Constitution specifically enumerates is the Right to Free Speech.
Last week, the Comelec, which is the Philippine Commission on Elections, issued a ruling that, in my view limits the right to free speech for certain citizens of the Philippines. The ruling stated that in the coming election (May 2010), any celebrities who endorse political candidates must take a leave of absence from their TV shows, Movies, or whatever. Just to be clear, if a celebrity comes out in support of a certain candidate, they may no longer appear on TV, in the Movies, or other such venues. What about freedom of speech? What about political freedom?
I have never been one to follow what celebrities say when it comes to politics. I don’t really care who George Clooney or Alec Baldwin say I should support – frankly, I think it is none of their business who I support. However, they have every right to support the candidate of their choice, as do I. I do not believe that if George Clooney supports Al Gore he should have to stop making movies! One of the things I find very unfair about this is that it is crafted only for celebrities. For example, Lucio Tan is a very rich man in the Philippines. He is the owner of Philippine Airlines and other businesses here. He is not a celebrity in the way that I would define it – i.e. and actor or such. If he comes out in support of a certain Presidential candidate, should he have to step down from his role in the businesses that he owns? No, in my opinion he should not. Under the law in the Philippines, he should not. However, if an actor comes out to support a candidate, he must then relinquish his career until after the election is over? That, my friend, is not free speech.
As soon as I heard this, I said something to Feyma. What about Kris Aquino? Kris Aquino is the celebrity daughter of former President Corazon Aquino. She is on many TV shows and such. Her brother, Noynoy Aquino is running for President, and is among the front runners for the post. Now, let me say, I am not a fan of either of these two. However, of course Kris Aquino would be supporting her brother, he is family after all. Should she have to now take a leave of absence from all of her TV shows until after the election? In my opinion, no.
Here is another interesting question that is also related to the Aquinos. Kris Aquino is married to James Yap. Yap is a basketball star in the Philippines. I assume that Yap is also supporting Noynoy Aquino, since Noynoy is his brother-in-law. Does Yap have to take a leave of absence from his basketball career? Is a basketball star a celebrity? In my mind, a basketball star is a type of a celebrity, so this ruling should apply to him as well, if it is to be enforced fairly.
How about this one? What about Manny Pacquiao? Pacquiao is certainly a celebrity. In addition to his boxing career he has been a singer, actor, commercial endorser and such. He is also a Candidate, and head of a new Political Party. So, it’s safe to assume that he has endorsed himself in his Congressional race, right? However, he is having a fight in the USA in March. Should that fight be banned from airing on Philippine TV stations? If that happened, there would be an uproar. However, under the Comelec ruling, it would seem that it would be illegal for the Pacquiao fight to be shown.
Frankly, I think this whole “celebrity endorsement ruling” is just stupid. I think it is anti-democracy. Nine times out of ten, I am not for the same candidates that the celebrity is for anyway, but I would strongly defend the rights of every person, regardless of what their employment is, to endorse any candidate that they feel they should support.
That, my friends, is simply Freedom of Speech.
Fear is a motivating factor for many things. When one fears they will lose their power. They often do irrational things. Is this the case? That those that change the laws fear others will have celebrity support, and therefore sway the vote in another direction. Are the Phils that obsessed with celebrities? I believe it’s possible……..i2f
No doubt, imagine, that the Philippines is very celebrity obsessed. But, look at the USA… George Clooney, Brad Pitt and other celebrities are always gallivanting around pushing issues and candidates, so it’s not that much different.
Hi Bob – It’s started with Dolphie coming out with a very sincere endorsement of Manny Villar – Noynoy’s main opponent. Here, many were shocked to see the veteran comedian endorsing a candidate, but were happy with the one he is backing.
The Aquinos have a few more strings in multimedia than Dolphie – strings that reach deeply into government and pseudogovernment agencies. I’m not surprised at the gag order at all, but believe it to be (as you ponder) that it may be “conveniently” one-sided. 😉
Hi PaulK – I’m not sure that it started with Dolpie, as celebrities have been doing these endorsements for years. Heck, not only endorsing, but even running… and sometimes winning office. Look at Erap, look at FPJ, and many, many others. Like you, I’m not surprised by the gag order… I am disheartened, though, by the stifling of Freedom of Speech.
Could a candidate be considered a type of celebrity? In order to endorse yourself you’d have to quit the campaign =P
Ha ha… no doubt on that, Gary!
Never gave it any thought, untill now. Very Interesting subject, Yes i agree, it does take away freedom of speech, almost like dictatorship, but, thinking of what they are concerned about this, in a 3rd world country….. Television has enormous clout here, much more than in a country like the USA. So I believe they mean well by it, as to keep a level playing field, but again you are right. They simply should say no Televsion endorsment adds by celebrities, we have to remember where we live .. and some things can not be equivelent to our upbringing untill full democracy is born here. It seems as though the Philipphines has made great strides in achieving the goal of Democracy and is on the right track for the future.
Hi Lenny – I understand what you are saying as well… but I strongly believe in freedom and liberty. I simply think that it is not right for a country to tell you that you will lose your job if you endorse a candidate.
Bob I ageee with all you have said and there are so many other areas of inequality, paradox and hypocrisy that exist in the country. Having said that I am thinking we can probably agree that living in the Philippines as a US Expat can be quite exasperating relative to the Politics and experiencing the toll massive corruption takes on the country. Of course I feel that if you make the Philippines your home as an expat (and feeling that it is truly your home in every sense) you have to really divorce yourself from the country in this sense or you will truly drive yourself insane. I am only happy that the country continues to modernize and perhaps one day perhaps in my lifetime there will be a Philippines that I can truly be proud of to call my home especially in the specific area of politics and have the abilty to voice my opinions. I can’t say that now.
Hi Richard – Thanks for commenting, and for stopping by and reading my article. You know, my friend, I was just thinking about corruption the other day. My thoughts and what I am going to say may surprise you. I do believe that there is corruption in the Philippines, I do not believe that can be denied. However, there is corruption is present in every country in the world. In some places it is more easily noticed and seen than in others.
My thoughts the other day were along the lines that you hear sentiments like you gave very often from other foreigners, and even from Filipinos (I am not certain if you are a foreigner or Filipino, nor does it really matter). But, as I thought back over my dealings in the Philippines over the past 20 years, it is only rarely that I can remember any type of corruption touching my life in any way. In fact, there are only two times that I can recall being involved with any corruption at all, and both will likely surprise you. First, in 1992 my wife and I were coming here for a vacation, and on the advice of a Filipino friend, I put like $10 in my passport when I passed it to the customs agent at the airport. I didn’t have anything illegal, but wanted to avoid the hassle of being searched upon entry. The customs agent gave me the money back, and proceeded to check every bag I brought in very closely. If I had not given him any money, he probably would not have been so strict on the inspection. The second time was a few years ago when I was pulled over for a traffic violation in Davao. I offered the officer P200 to forget about it, and he refused. I was wrong to make such an offer in each case, and I will never do that again. But, in each case, the person I was dealing with refused to participate in the corruption. So, I am not sure it is as bad as many make it out to be.
Thanks again for your comment, Richard!
I am laughing a little when you mentioned your experience with corruption without success. I am sorry you didn’t catch a break. I have probably had 3 experiences very similar to yours but in my cases they worked. One time at immigration I put 1000 in my passport for a balikbayan visa and I was able to get it. The other two were traffic related and I think in each instance 200 peso made them go away. Don’t get me wrong I do like this form of corruption since it benefits me directly but I should not be tolerant of it even for my own benefit. I mean too many times I find myself on recently newly cemented roads and find they are already falling apart just weeks later. It is obvious the formula for the cement was diluted or something. Magnify this in so many areas and you can see its terrible effects. I think in the USA while corruption is also huge, it is also so diluted in that it is almost impossible to see it exists. Being here in the USA now for a few months is so wonderful to drive on perfect roads for miles on end.
I must say I do miss the Philippines and am looking forward to returning to my provincial home soon and cursing under my breadth every time I run over a pot hole hahaha
Hi Richard – Glad I gave you a chuckle! Luckily, when I attempted bribes in the past, I never got in trouble for it, though! 😯
Bob wanted to ask you another question. You live in Davao and I know you have a strong Mayor Duterte that allows Davaons to enjoy good security, prosperity and a better quality of life than other cities. My understanding is he is not running but his daughter is who enjoys the same respect and reputation as her dad but then so is the speaker of the house Gonzales who does not have a sterling reputation in general. Without crossing any boundaries are you concerned about this and could it have any derrogatory affects on your city if he should win. If you don’t feel comfortable answering I completely understand.
Hi Richard – Yes, our Mayors election here in Davao is Sarah Duterte against Speaker Boy Nograles. My feeling is that Sarah will win, but I am certainly not a soothsayer or an expert, so maybe Nograles will win. I am not concerned with either candidate to be honest. I feel that both of them are strong and will have the best interests of the City at heart. Either person would run the City well, in my opinion. I have a favorite in the race, but I won’t say who. Many who have read my writings probably know, based on things I have said.
HaHa Bob,welcome to the world of Chicago politics …
Hi Tommy – what do you mean? Can people not endorse the candidate of their choice in Chicago?
Bob: My ex’s father used to be an Alderman there. The slogan was “vote early, vote often”.
When we divorced, she was still registered in Chicago 3 times at different addresses, despite living in California for 6 years. In fact, when she registered to vote in Cali, there were issues that arose (and 4 hours at the Burbank police station with some “Splainin’to do”)!
That being said, I think this election is going to get really nasty… I hope not, but really think it will be. I’m honestly trying to re-affirm that I have no opinion, either here or the States! Perhaps a return to my anarchist leanings of my youth? Private island, surrounded by a moat. Republic of Johnistan.
Hi John – Yeah, I understand how Chicago politics is… I just am not sure I understand how it relates to celebrity endorsements. Maybe I’m missing something.
Bob: no, it’s me… Add “reading comprehension” to the list of things I need to work on ;-).
Long day, and the Panadol hasn’t kicked in yet.
Ha ha… no prob, John. Hopefully Tommy will come back and let me know what he meant, because I am unsure about that.
what was meant Bob was, Chicago politics are a reflection of government taking advantage of the power of making laws not for the good of the people but to advance thier political gain, same as it seems here in the philippines
Thanks for the clarification, Tommy… got it!
Hi bob – Has anybody challenged the constitutionality of this Comelec ruling in court? It’s like the Comelec is saying that the followers of these celebrities doesn’t have a mind of their own and can’t decide who are qualified to run the government. Plain BS that’s what I think.
Hi Jun – I totally agree with you! There is a challenge to this ruling going on right now, and they have said it will be settled this week. I sort of doubt there would be a settlement on this that quickly, but I personally don’t see how such a policy could be upheld as constitutional!
I also don’t fully agree with this ruling, but somehow I understand that it would be unfair for other candidates without celebrity endorsers.
The last thing I heard, is that the Comelec will leave it to the media company to decide, and that they just advised the celebrities to not use their shows to promote their candidates, which I think is just the right thing to do.
Hi Dex – I heard that yesterday that the Comelec is talking about having the media companies enforce this. For me, if a media company wants to promote a certain candidate, that is their choice. But, they also risk losing viewers who are opposed to that choice. That’s what the free market is all about! 😆
My understanding of Philippine politics is that democracy is merely a label for the process, but that in reality, the vast majority of people vote for whichever candidate gives them the largest sack of rice …a trip into the barangays will confirm this. What disturbs me most is that this corruption is quite open. During the last election, I was pointed out homes bearing signs that apparently said “we sell our vote”. Then, once the election is over, the “losers” don’t accept the result and immediately begin crying out that the election was fixed, etc. etc.
Only in the Philippines thay say! I just love it…what a wonderful country. If only we in the west could be so liberated! :-))
Hi Jim – I think it is true that this happens. I also believe, though, that there is less of it than there was in past years. Perhaps I am wrong, I don’t think that there is evidence one way or the other, but that is just my observation.
i can understand WHY the idea of taping celeb’s mouths shut.. but I can see some cons to the idea.
Hi Jawz – Personally, I cannot understand WHY anybody’s right to free speech should be limited.
i agree. thankfully the comelec just reversed this after getting a lot of (well deserved) heat from all sectors.
Hi macky – I was unaware that they had really reversed it, did that happen yesterday? I knew that they softened their stance and “left it up to the media outlet” to enforce… I still think that is over the line myself.
Hi Bob;
Has the Philippine Supreme Court ruled on this new edict?
Not so far as I am aware, Paul… If it is actually enforced, I’m sure it will make it’s way to the Supreme Court, though!
I think it is hard for us foreigners to have an opinion about what the Philippines does. Marcos for as much as he was bad mouthed, did what needed to be done at the time. He put Filipinos back in line. In a country that operates mainly on Crab Mentality, someone has to keep the Craps in line. The Philippines has always had a Robin Hood fantasy, some Super Star will raise and make everything alright, share his wealth to the poor.
Hi zeke – We are all entitled to our opinion, and yours is certainly an interesting one! 😯
Hi Bob,
Interesting topic, a question to consider in which you may hold the answer to. Do the Celebrities there carry a lot more influence over the general public, much more than say the States? Not for the sake of what is good or bad with the endorsement, but with attention given to the particular status of the celebrity? Here in the States, we do have people that follow the status of the individual and not the political views of the individual running. Do you see this as a factor in the larger scale there? I don’t know myself.
Hi Lou – I do feel that celebrities are followed a lot more closely and have more influence here than in the States.
What really impresses me regarding freedom of speech in the Philippines is the courage of media reporters – in the face of regular killings and kidnappings they still produce the reports that irritate the rich and powerful.How many of us would be prepared to take the risks that these people do?
Hi Bryan – Certainly, there are some journalists here who speak their mind, without a doubt!