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Friday, March 29, 2024

Pass the Carlos Celdran bill

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"Let no other person suffer from the unjust and unconstitutional law that favors religious feelings over the sacred rights of citizens."

 

Carlos Celdran passed early morning of Oct. 8, 2019 of cardiac respiratory arrest, according to Tesa Celdran. There was no foul play. This answers the numerous queries and nasty gossip about Celdran’s demise. Carlos was so full of life, he filled every room he entered with his presence. He could not be ignored even if one wanted to. Attention was not something people could deny him. Carlos Celdran was a star. Even when he was in Madrid, his presence was palpable. And as friends noted, his goodbye had to catch everyone’s attention. He had to be trending. This is so Carlos.

He was always rushing. He was onto several projects at any given time that it was hard to keep up as he shifted from one to another, and yet another. Days before he passed, he was excited about his Camino Rizal tour which already had a very successful test run. He was going to retrace Jose Rizal’s footsteps in Madrid with people thirsty for a Celdran experience. The day before his untimely demise, he was even crowdsourcing for the Venice biennale which he was supposed to attend this month. Thus, Carlos Celdran’s final curtain call was very hard to believe.

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But as Tesa herself said, Carlos’ story does not end with his cremation and inurnment. His personality is so big that his presence will continue to be felt. And many of us, his family, friends, and colleagues will make sure of this. Carlos’ legacy will be protected and his work will continue in whatever way we can. I am particularly eager to help with his legacy in the fields of human rights and social justice, and Philippine heritage and history. These were our shared passion.

Among Celdran’s biggest unfinished businesses was the repeal of Art. 133 of the Revised Penal Code (RPC), the Offending the Religious Feelings law. We discussed this with him a few times. This Spanish-era law that made it to the RPC in 1932 must go. This law that nobody knew existed before it was used on Carlos because he dared (albeit spontaneously) to exercise his right to expression as he was being dragged and brought outside of the Manila Cathedral, does not have a place in a modern and democratic society. This is no longer the age of conquistadores. Even Spain, under which this law was “enacted,” has repealed it many years ago.

Everyone knows that Celdran loved the Philippines and the city of Manila very much. You may not agree with his positions on issues and his forthright manner of saying things but nobody can question his love for country. Thus, the decision to go on exile in Madrid was a heartbreaking one. He would not have left if not for the (almost) certainty of serving prison time because of an ancient, unjust law.

It is no secret that he was very lonely in Madrid especially during his first months there. He was uprooted from his family, friends, and country. He was bitter especially in the beginning of his exile. He missed being in the thick of things in Manila. He expressed loneliness as things were beginning to move in the city that he loved most and there he was, unable to help in ways he knew only Carlos Celdran could.

Friends visited him in Madrid and this made him happy. But after the visits and the things that occupied him, I could imagine how the loneliness reemerged to engulf him. Not a few friends said that Carlos Celdran died of a broken heart. And it was because of this law that should have been repealed a long time ago.

It is just sad that Carlos is no longer with us as we work on this.

Albay Representative Edcel Lagman, the principal author of the then RH bill which was the subject of Carlos’ Manila Cathedral protest filed HB. No. 5170 in honor of Carlos Celdran. This bill will repeal the law ‘Offending the Religious Feelings’ under the RPC.

The bill carries with it a provision on Retroactive Effect and says that ‘All pending criminal cases, and related civil cases, if any, for violation of Article 133 of the Revised Penal Code shall be dismissed upon the effectivity of this Act.’ It will be remembered that Celdran still has a pending appeal before the Supreme Court. He asked the Court to take his case up in an en banc session because he was questioning the constitutionality of the law and the case was only decided by one division. Carlos did this just before he left for Madrid.

This provision is important because should the bill pass without the SC rendering final judgment, Carlos’ case will be dismissed.

Rep. Lagman called Celdran a patriot. He said in the bill’s explanatory note, ‘It is now for the Congress of the Philippines to render justice and redress to Celdran by repealing the aforequoted archaic provision which is an odious remnant of the Dark Ages.

Article 133 is anathema to freedom of speech and expression which is guaranteed under the Bill of Rights in the 1935, 1973, and the present 1987 Constitution.

The repeal of Article 133… will forever foreclose similar prosecutions and travails of well-meaning critics which Carlos Celdran unjustifiably suffered and endured.’

There is an ongoing change.org online petition for the repeal of Art. 133 that people can sign. Please use the link chng.it/chsbMcYYgc and help remove Art. 133 from the RPC.

The Carlos Celdran bill must be immediately passed by Congress. Let no other person suffer from the unjust and unconstitutional law that favors religious feelings over the sacred rights of citizens.

@bethangsioco on Twitter Elizabeth Angsioco on Facebook

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