AFTER a long day, I read the national news. I was alarmed by the stories. One of these was about the President criticizing the Integrated Bar of the Philippines (IBP) for slamming his anti-tambay drive campaign.
The President said there is nothing unconstitutional about his policy. Additionally, he said, his policy is within the comprehensive powers of the State to protect its citizens. Thus, the President invoked doctrine of parens patriae.
What is parens patriae?
It is Latin for “father of his country.” It is simply understood as the “State as the guardian of the people.”
As what was enunciated by the Supreme Court in the landmark case of Government of the Philippine Islands vs. El Monte de Piedad Y Caja De Ahorras De Manila (G.R. No. L-9959, Dec. 13, 1916), “the government being the protector of the rights of the people has the inherent supreme power to enforce such laws that will promote the public interest.”
In law, parens patriae refers to the public policy power of the State to intervene against an abusive or negligent parent, legal guardian, or informal custodian, and to act as the parent of any child or individual who is in need of protection.
On the other hand, in the juvenile justice legal system, parens patriae allows the State to step in and serve as guardian for children, the mentally-ill, the incompetent, the elderly or disabled persons who are unable to care for themselves.
Analyzing the definition of the term, it calls for the State in its entirety to do the function of being a father or a parent of the citizens. The State in its entirety serves and protects the people, especially the less fortunate. Almost all of us are familiar with the phrase “those who have less in life should have more in law.” Thus, the people must be defended though our laws.
The anti-tambay drive may be an exercise of the parens patriae of the state. However, the President must bear in mind that the root cause of this is the lack of jobs and gainful livelihood.
The President, assuming the parens patriae responsibility, must try harder to ensure job opportunities for Filipinos to become useful citizens of the country and not become tambays.
As parens patriae, President Duterte must try harder to make the State ensure job opportunities are available to keep Filipinos gainfully earning at work and not become tambays.
This is the very essence and concept of parens patriae.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
