Bacolod Bishop Vicente Navarra called the Supreme Court suspension yesterday of the Reproductive Health Law for 120 days a ray of hope in the Diocese of Bacolod’s fight against it through its “Team Patay, Team Buhay” tarpaulins.

“We thank God and all those who have been praying with us,” Navarra said.

The bishop yesterday led the Diocese of Bacolod’s team at a more than 4-hour SC en banc hearing on their petition to permanently halt the Commission on Elections from removing what it calls the oversized “Team Patay Team Buhay” tarpaulin in front of the San Sebastian Cathedral in Bacolod City.

Lawyers Ralph Sarmiento and Raymundo Pandan presented the oral arguments for the Diocese, while Solicitor General Francis Jardeleza represented the COMELEC at the hearing.

Outgoing Bacolod election officer Mavil Majarucon-Sia and Diocese lawyer Mitchelle Abella said the SC ordered both sides to submit their memoranda on or before April 1 so it can rule on the petition.

“In a world where regulation is required to have order, even Jesus would want His disciples to follow regulation," Chief Justice Maria Lourdes Sereno said at the hearing.

The lawyers of the Diocese insisted that the tarpaulin that bears the names of senatorial candidates and partylist groups, who voted for and against the RH Law, is guaranteed under the Constitutional right to freedom of expression, while Jardeleza said it is an oversized campaign material in violation of COMELEC rules that must be taken down.

“The net effect of the text and visual is telling the public to support the candidates who voted against the RH Law,” Jardeleza said.

Jardeleza also said the Diocese violated the hierarchy of courts when it went straight to the SC.

Sarmiento said COMELEC Resolution 9615 only covers candidates, but does not apply to non candidates like the Diocese of Bacolod.

“You are saying all private citizens can put up tarpaulins of all sizes?" Senior Associate Justice Antonio Carpio asked.

Associate Justice Jose Perez echoed Carpio, saying that, by giving a new interpretation of the law, there is an attempt to get out of the prohibition.

“There can be no limitation, it is beyond the authority of the COMELEC, is that what you are saying?" Perez asked.

Sarmiento said "yes."

Perez said such interpretation causes absurdity.

Carpio said the law did not limit penalty to candidates and political parties who violated limits with regard to posting of tarpaulins and other campaign paraphernalia.

“The law does not say violation of this act by candidates and political parties; this law is not limited to candidates. It applies to the public," Carpio said.

Sarmiento said they do not see anything wrong with the listing of the names.

He said the purpose of the tarpaulin is to "awaken the conscience of the people" and to inform the public of the church's stand.

"The Diocese has made a caricature of the seven (on its Team Patay list) individuals. Isn't it unchristian on the part of the Catholic Church?" Associate Justice Marvic Leonen asked.

But Sarmiento told the DAILY STAR he expects good results from the arguments they presented.

The SC suspension of the RH Law in a way could strengthen their petition as it could be an indication of the train of thought of the magistrates, he added.

The SC, in a separate hearing yesterday voting 10-5, issued a four-month freeze on Republic Act 10354, or the RH Law, which was signed by President Benigno Aquino III in December 2012.

The order "stops the implementation of the reproductive health law for 120 days," SC spokesman Theodore Te said, to allow petitioners against the law time to present their oral arguments on June 18.

The status quo ante order directs the parties to observe the status or situation before the implementation of the RH Law.*CPG/PNA

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