20/04/2021
Press Statement
20 Apr 2021
On the harassments of community pantries by government
LEAVE THEM ALONE FOR YOU ALREADY DID
Those setting up community pantries are well within their legal rights to undertake such activities, and there is no law or any administrative regulation or issuance that prohibits them from doing so.
It must be stressed that these activities are voluntarily initiated and undertaken by concerned private individuals and groups to share what they have, and to encourage others to do the same, to help those adversely affected by the pandemic who can barely survive because of lack of governmental support.
These are undertaken without expecting any monetary gain or self-serving reward other than to help out of the purest of intentions.
They are not intended for profit or for commercial purposes, and as a result are not deemed to be regulated activities.
Thus, not being prohibited by law, and are not considered a regulated activity, it can be undertaken without governmental permits and licenses which are usually required for and applicable to commercial undertakings.
Unnecessary, even unwelcome, governmental regulation, intervention or interference of any form, kind and nature, unless sanctioned by a specific and applicable law, ordinance, or regulation, is an unreasonable intrusion to this right, and must be deemed illegal and unconstitutional.
Interference includes the presence of armed or unarmed, uniformed or plainclothes, policemen, in the community pantries. It must be reiterated that the organizers, and those benefitting from these pantries, are not committing any crime or involved in any illegal activities.
There being no actual peace and order concerns, they should be allowed to freely go on with their activities. The mere presence of armed policemen in such peaceful and lawful activities has no factual and legal justification and is deemed unreasonable and may even be interpreted as harassment that tends to sow fear among the organizers and the people they are helping.
Profiling of organizers and requiring them to sign or fill up any document is another form of unreasonable intrusion. This violates their constitutional rights to privacy, and is a violation of R.A. No. 10173 (Data Privacy Act of 2012). Not being required, and in fact prohibited by law, the organizers should not be forced, and are within their right, to refuse to sign any disclosure forms.
Lest some of the red-faced government officials
forget, the 1987 Constitution recognizes the right of all citizens to participate in governmental and societal concerns, and mandates that these rights shall not be abridged (Section 16, Art. XIII, 1987 Constitution).
It also provides that citizens’ participation should be based on their “freedom of initiative and self-reliance” (Sec. 2, Ibid.).
These same constitutional provisions are embodied in certain legislative enactments like the Local Government Code of 1991 which mandates all local government units to recognize, promote and ensure peoples’ participation in their governance (Sections 34, Sec. 35 and Sec. 36).
The community pantries are an expression of citizen’s participation in governance as recognized by the Constitution, and an embodiment of the “freedom of initiative and self-reliance”.
To emphasize, there is no law, ordinance or administrative regulation that prohibits these activities. This alone is a sufficient reason for the Government to stay away from them.
More than that, such undertaking is a constitutional right of the people and Government is out of line if it discourages, obstructs and even stigmatizes those who should freely exercise it. We ask this Government to stop standing in their way. #
Reference:
Ephraim B. Cortez
NUPL Secretary General
+639172092943
Josalee S. Deinla
NUPL Spokesperson
+639174316396
