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Saturday, July 12, 2008

 

LAW AND PHILOSOPHY MATTER(S)
By Atty. Emmanuel Q. Fernando
The Catholic Church and specific issues: Gambling

 
The record of the Catholic Church as to its interference or meddling in specific political issues has been mixed. Some times, it gets things right, as in issues concerning the violation of human rights, corruption, alleviation of poverty, environmental pollution, and, arguably, capital punishment. Admittedly, it is extremely difficult to get things wrong with respect to those issues.

At other times, it has got it wrong and occasioned grievous social harm. A case in point is gambling. The Church would do well to re-examine its policy on this.

It is fair to say that some forms of gambling are harmless. Gambling is a form of amusement or recreation, a parlor game, merely a way to pass the time pleasantly with friends. How many society ladies while away the afternoon playing mahjongg! How many businessmen unwind by playing poker with their buddies? It is only when gambling is done to excess that it becomes harmful and wrong.

In this sense, it is much akin to eating, drinking or sex. These are all right, in fact even good, if done in moderation and in the proper situation. Thus, they are neither banned nor prohibited. Unlike gambling, the Church or the state trusts individuals to be autonomous and determine for themselves whether to engage in these activities or not or when to stop.

Other social ills associated with gambling, apart from the danger of the dissipation of family fortunes, concern its black market character. Collection activities are implemented through the use of coercion, intimidation, harassment and terror. Government officials are bri­bed. Human weakness is exploited.

I suspect these evils to constitute the main objections to the activity. And yet, they are evils which would not have existed were gambling not prohibited. Organized gambling syndicates control and make an enormous fortune out of its condition of illegality.

Take jueteng. When it is permitted and regulated, gambling syndicates would have to apply for licenses, taxes would be paid to the state and no money would be diverted to corrupt government officials, such as high-ranking military officers or provincial governors. Indeed, it is no surprise that the gambling syndicates themselves are against its very legalization. Regulation would kill the profit. There is nothing as attractive as forbidden fruit.

A president lost his job merely because he moved to have it legalized. Powerful gambling lords were incensed and coordinated against him. Profits that go to them would then revert to the state. Thus, they stood in the way of that president and the naïve Filipino masses, intellectual elite included, stood behind them. It is ironic that President Estrada, who intended to end all corruption associated with jueteng, ended up deposed due to corruption.

It seems that Filipinos too often have been manipulated by big business, the Church and the press. Piecemeal, patchwork solutions are provided them and they are convinced by them rather than by systematic, carefully-considered, longer-lasting remedies. Thus, the gambling problem persists and priests, like Father Panlilio, get voted into office on a platform of the elimination of vices such as jueteng.

The strongest argument for the legalization of gambling is the promotion of human dignity and autonomy. A human being ought to have the right to choose, to decide for himself, whether to engage in such activities or not. The state ought not to have any power to deprive him of that right.

And yet, the Church, acting as a concerned parent, would behoove the state to deny him that right. It would rather that the individual be forced to be good than that he be afforded the chance to choose to be good. If so, the Church itself stands in the way of human development, human flourishing, human freedom and human autonomy.

The Philippine Amusement and Gaming Corporation (Pagcor), the government agency that regulates gaming, is at present engaged in va­rious projects to promote gaming all over the Philippines. Pagcor has en­couraged investors to set up inter­net gaming, slot machine VIP gaming clubs, and gambling hotels cum casino.

It has not, however, attempted to address the problem of jueteng, by allowing for its very legalization. It treads that course very cautiously indeed. Jueteng lords are too powerful and they even have the capacity to make or unmake presidents. They contribute handsomely to the campaign coffers of our most respected politicians. They know how to ingratiate themselves to the powers-that-be.

It would take, therefore, a courageous statesman to act contrary to his survival instincts and re-election interests so as to offend jueteng lords by working for its legalization. The last brave man who attempted to do so lost a presidency.

The Church would therefore do well to rethink its gambling policy. The legalization of gambling would promote human autonomy, earn tremendous revenue for the state, regulate the activity so as to prevent or minimize abuse, corruption or exploitation, do away with roughhouse collection procedures, and counter-act the effects of the forbidden fruit argument.

eqfernando@hotmail.com

   
 

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