By Anna Carmela Dela Cruz, Gilda Francesca G. Flores, and Mindy Roiza A. Planillo
As former Chief Justice Claudio Teehankee opined in the case of Olaguer v. Military Commission, “The greatest threat to freedom is the shortness of human memory.”
This timeless adage resonates with us in volumes whenever we are confronted with events which compel us to look back at our history. To forget is a disservice to the people who paved the way to where we are right now. We owe it to them and to the future generations to keep their legacy alive.
The recent 2022 elections in the country have once again opened discussions on historical revisionism and distortion, certain liberties, and our love for the country.
On Remembering
To us, remembering involves commemorating or knowing what happened in the past. These acts, however, have proven to be quite futile in our efforts to secure a better future without compromising what our countrymen have sacrificed to give us the freedom we enjoy now.
It is important to look back because this is the only way our nation can truly see progress. It requires us to constantly re-examine the patterns that have helped shape our country and the cycles that we must learn to outgrow and veer away from.
To move forward requires us to look backward.
Elections should essentially work the same way – looking back in order to gauge what the candidates have done or whether they have held up to their promises and thinking about our future with the end view of deciding whether they are entitled to the trust and the power that they are about to hold. The right to suffrage is one of the most important pillars of our democracy.
Looking back goes beyond active recall, now more than ever, actions should bring words and promises to life.
On What is Happening Now: Disinformation, Historical Revisionism, Historical Distortion
In a 2021 research conducted by International Republican Institute, it was found that nearly half of the adult population of the Filipinos rely on social media as their primary news source. This heavy penetration of social media “provides ample opportunity for malign actors to spread falsehoods and distort narratives.”
As everything and almost everyone is going online right now, the internet has become a double-edged sword. On one hand, it is beneficial in such a way that information is easily streamlined, but on the other, its accessibility has also worked against it in such a way that these digital platforms have been constantly used to spread fake news and false information. The accelerated shift of the country’s media ecosystem from traditional to digital social media changed the political landscape of the country, especially the 2022 elections, as cited by another study conducted by Asia Pacific Foundation of Canada.
In an interview with thebarrister, San Beda Law Human Rights Advocates President Czesca dela Rama explained the importance of distinguishing historical revisionism from historical distortion.
“Historical revisionism isn’t all that bad, what we should be preventing from happening is historical distortion. Historical revisionism is reinterpreting history. For example may historians noon, decades or centuries ago na probably nagkamali sila and then ngayon irerevise siya ng current historians who have better research on it, so hindi siya masama. While historical distortion is reinterpreting history but actually changing it to fit some personal agenda,” Dela Rama said.
Disinformation has also become rampant nowadays. Disinformation refers to false information shared with harmful intentions while misinformation encompasses false information shared with good intentions.
Challenges to the Legal Profession
Through the years, the legal profession has evolved and changed due to new applications and ever-changing circumstances. However, justice remains to be its pillar.
In an interview with one of the framers of the 1987 Philippine Constitution and former Commission on Elections Commissioner, Rene V. Sarmiento mentioned during the interview that during the Martial Law era, there were several challenges faced by those in the legal profession. Some of these included military tribunals which handled the case of civilians, state media being prevalent, and the interference of the military over civil courts.
He also mentioned an unusual kind of “legal animals” which was the Arrest, Search and Seizure Order, Presidential Commitment Order (PCO), and Preventive Detention Action (PDA).
These measures functioned as a search warrant and a warrant of arrest at the same time, which resulted in people being arrested even without proper reasons and valid judicial intervention. The PCO was an order wherein a person may be detained for an indefinite period of time, depending on the President’s discretion. Similarly, a PDA, when issued, allows the imprisonment of an individual for a period not exceeding one year.
Now, it can be said that law students have apt knowledge about Martial Law due to the availability of jurisprudence, textbooks, and through their own research.
With this, Dela Rama highlighted the importance of using our knowledge to engage in discourse and to step outside our own social bubbles–this is a step forward to prevent the spread of fake news, misinformation and disinformation. It is also incumbent on us to make sure the truth will always be upheld, that we would use our knowledge and privileges for the greater good.
On Moving Forward
The road towards the future is built on the lessons from the past that we carry with us at present. It is not just founded on a single aspect nor a single administration but is composed of interdependent factors.
Commissioner Sarmiento said that the duty of the people does not end after casting votes. Even though the election season has already ended, the Filipinos still have to be involved in monitoring and holding the elected officials accountable.
He advised that the youth, the professors, the church, and the various organizations should tirelessly work together in curbing the societal ills of our country.
“The youth should be involved. After all, it has been the young in the past that has helped shape the likes of Rizal, Bonifacio, Del Pilar, and Jacinto, who was also a law student. We have to continue their tradition of being critical, of being involved in society, and not place ourselves in the comfort zone,” Commissioner Sarmiento stated during the interview.
“The young also, like their predecessors in the past, should be creative in forming organizations – organizations on campus, networking with organizations outside. Lastly, to challenge professors also, if the professors are distorting narratives, I think our students should stand up and critic these professors and use our campus media like thebarrister, as a forum and avenue for discussion, to keep alive the spirit of democracy and critical thinking among the young,” he said.
We, as the people, still hold the power to dictate what our future will be. Not everything may be within our control but remembering that we have that power is enough motivation for us to move forward while bringing with us the lessons from the past.
THE BARRISTER 