BILLONES, Regin

CUARESMA, Mark Romar

ONATO, Anton
PAPER OUTLINE
Legal Research and Writing

I. Introduction
a. Statement of the Problem

Priests in the Philippines are trusted and loved. But what happens when this power is
exploited?
Despite growing numbers of clergy sexual misconduct inside Asia’s biggest Catholic
church, it’s all been hidden behind closed doors.
In the capital Manila, retired Archbishop Oscar V. Cruz heads up an internal tribunal
that investigates allegations of sexual misconduct against clergies. He admits some
bishops are reluctant to punish an erring priest who fathered a child or rape a child.

But Archbishop Cruz said these sexual abuses committed by the members of the
clergy can be far more sinister that fathering a child. The cases he investigates include
the sexual abuse of vulnerable children, even rape. He handles approximately 60
cases at a time and says it is the tip of the iceberg because bishops can also hold their
own investigation in their diocese without bringing those to his office in Manila since
there are tribunals for these kinds of cases there.

Fact remains that these priests are not apprehended inside the church where they
longer. Worse, however, is that these priests are not penalized in the court of law for
so many reasons.

This research poses the problem, “Is the Philippines, a predominantly Catholic nation,
ready to prosecute priests who sexually molest children?”

b. Definition of Terms

This portion of the research will define layman’s and legal terms which will be used
during the course of the writing period.

c. Theoretical Framework

The research will employ the Open Systems and the Accountability Theories as its
backbone in order to understand the church and the legal system on how it works
within an open system.
 d. Methodology

The methodology which will be used to explain this research are more of academic
and archives.

e. RRL

To follow

f. Scope and Limitations

This research will use the Bicol region (statistics are available) as a case study then
will jump into the national sphere where a lot of sexually and pedophilic priests get
away with the crime they do.

g. Significance of the Research

Since the Philippines is a predominantly Catholic nation, the importance of this

research is all the more affirmed. Sexual abuse is a serious problem both inside and
outside the church. But those committed by men cloak in the influence of the church
are of greater importance because they, most often than not, are not penalized by the
law of the land.

II. Body

a. Background of the Study

The Philippines is the only predominantly Roman Catholic country in Southeast Asia with
approximately 88 ecclesiastical territories alongside 415 various institutions of consecrated life,
including societies of apostolic life, lay associations for men and women. The Catholic church in
the Philippines does not only own and run churches in its vast dioceses, it also runs a lot of
organized bodies and associations such as the Association of Major Religious Superiors in the
Philippines (AMRSP) and educational institutions such as the Catholic Educational Association
of the Philippines (CEAP) and the Association of Catholic Universities in the Philippines
(ACUP). These associations more often than not have their regional and provincial counterparts
(CBCP, 2016).

It was estimated that in 2015 the total number of Catholics in the Philippines is about 84 million
or roughly 82.9% of the entire population. Of the 84 million, about three million are living in
Manila, which is considered as the primatial see of the country.

Apart from the numerous churches the Philippine Catholic church has, it also has vast array of
seminaries and monasteries that train and form future church leaders, and other worship places in
a certain diocese.

Despite a constitutional mandate of separation of the state and church, the church is still a social
political force, its powerful leaders in CBCP have been instrumental in two political revolutions
that ousted two Philippine presidents from their office, namely, Ferdinand Marcos in 1986 and
Joseph Estrada in 2001.

The CBCP commissions cover all aspects of social and political life. It is worth noting how the
CBCP has commissions on bioethics, health care, indigenous peoples, migrants, youth, social
communication and mass media, social action and justice and peace, to name a few. The chair,
vice-chair and members of these commissions are all bishops with laypeople mostly acting as
staff.

The Philippine Catholic church is also a major political player that wields power and influence.
This research focuses on this important fact and explores policies that the CBCP itself has
promulgated, especially regarding clergy sexual abuse of minors. It is worth noting that the
CBCP in 2002 estimated that 200 of the country’s priests could be guilty of sexual misconduct
and abuse occurring over the last 20 years.

For the most part of this research, these CBCP policies were compared with current child
protection laws in the country. These laws were evaluated in the light of provisions in the
Convention on the Rights of the Child since both the Philippines and the Holy See are signatories
to this as early as 1990.

Ratified by the Holy See on September 10, 1990 and the Philippine Senate on July 20, 1990, the
Convention on the Rights of the Child (CRC) has been approved by 187 countries and is now
considered to be one of the most ratified of international conventions.

According to Article 3 of this convention, the CRC (1990) is by no means the only international
convention that recognizes the best interests of the child to be of primary consideration in all
actions concerning children. The need to extend specific care to the child has been stated in the
Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the
Child adopted on November 20, 1959. It is recognized in the Universal Declaration of Human
Rights; in articles 23 and 24 of the International Covenant on Civil and Political Rights; in article
10 of the International Covenant on Economic, Social and Cultural Rights, and in the statutes
and relevant instruments of specialized agencies and international organizations concerned with
the welfare of children.
Particularly, the Declaration of the Rights of the Child says, “The child, by reason of his physical
and mental immaturity, needs special safeguards and care, including appropriate legal
protection...” This also finds significance in the provisions of the Declaration on Social and
Legal Principles relating to the Protection and Welfare of Children, with Special Reference to
Foster Placement and Adoption Nationally and Internationally; the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the
Declaration on the Protection of Women and Children in Emergency and Armed Conflict.

Having ratified the CRC, both the Philippines and the Holy See are bound by provisions of the
CRC that require States Parties to take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while
in the care of parent(s), legal guardian(s) or any other person who has the care of the child. Such
protective measures should, as appropriate, include effective procedures for the establishment of
social program to provide necessary support for the child and for those who have the care of the
child, as well as for other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow- up of instances of child maltreatment described heretofore,
and, as appropriate, for judicial involvement.

To require secrecy and remove transparency in processes that involve allegations and
investigations of clergy sexual abuse of children definitely runs counter to the CRC. States
Parties are actually mandated by Article 34 to undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures to prevent: (a) the inducement or
coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children
in prostitution or other unlawful sexual practices; and (c) the exploitative use of children in
pornographic performances and materials.

b. Presentation and Analysis of Data

This part of the research will present and analyze the data gathered through
quantitative and qualitative measures. Through the use of archiving and rigorous
research of legal materials, the researchers will then argue that while there are
existing laws in the Philippines regarding sexual abuses, these do not cover those of
religious people including priests.
III. Conclusion

a. Analytical Summary
To be discussed

b. Recommendations
The recommendation part will discuss the needed amendment in the current child
protection laws and the current legislation on sexual abuse case, which should include
a certain paragraph or clause that penalize religious people.
INITIAL REFERENCES:

Likhaan, CJLI, Catholics for Free Choice (2004). The holy see and the convention of the rights
of the child in the Republic of the Philippines.

Philippine Constitution (1987).

Republic Act No. 7610. An act providing for stronger deterrence and special protection against
child abuse, exploitation and discrimination, and for other purposes.

Republic Act No. 7877. An act declaring sexual harassment unlawful in the employment,
education or training environment, and for other purposes. 8 February 1995.

Republic Act No. 8353. An act expanding the definition of the crime of rape, reclassifying the
same as a crime against persons, amending for the purpose Act No. 3815, as amended, otherwise
known as the Revised Penal Code, and for other purposes. 30 September 1997.

Republic Act No. 9262. An act defining violence against women and their children, providing
for protective measures for victims, prescribing penalties therefore, and for other purposes. 8
March 2004.

NOTE: The references included above are just initial and might still be updated as deemed
necessary moving forward the research paper writing.