By: Atty. Gregorio B. Austral, CPA
The duty to serve and protect the people
The prime duty of the government is to serve and protect the people. This tall order is enshrined in no less than our Constitution which also adopts as a basic state policy that the maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy (Sections 1 and 5, Article II, 1987 Constitution).
This beautifully crafted vision of our Constitution gives us a promise of a dignified life as Filipinos with the government being saddled with the responsibility to provide a peaceful and orderly society while protecting basic human rights to life, liberty and property. On top of all these, the government is also heavily laden with the responsibility to promote the general welfare of the Filipino people.
This is easier said than done. In the government’s effort to curb crimes, state actors often encounter fierce criticisms of human rights violations. While we give the police the benefit of the doubt and accord their actions with the presumption of regularity, it is also our responsibility to rebuke them for any transgressions. The police are charged with a very delicate job of balancing between the state interest to maintain peace and order and the protection of basic human rights. One cannot be accomplished if the other is sacrificed.
The police officers are called upon to exercise their duty within the ambit of the Constitution. They must act with circumspection when confronted with the situation whether to arrest a person or not. They must be equipped with the knowledge of the law as their correct understanding and interpretation of the law is the cornerstone of fulfilling this difficult balancing act of promoting peace and order and upholding human rights.
Since ours is a government of laws and not of men, let the strong arm of the law punish the guilty who can either be a tambay who violates the law or a policeman who tramples on fundamental human rights.