Arnel Pineda should not have said 'sorry'.
Nevertheless, the lead star of Journey decided to be just diplomatic by being apologetic .
There is nothing to be sorry for.
Arnel Pineda sang the national anthem during the Pacquiao-Clottey fight in Arlington, Texas.
The National Historical Institute (NHI) didn't like it.
Arnel Pineda, lead star of the rock band Journey, is a world superstar now in the musical arena.
The National Historical Institute has already initiated moves to prosecute Arnel Pineda for violating the law that prescribes how the national anthem is to be sang.
By singing the national anthem the way he did, Arnel Pineda was exercising his basic human right to free expression.
It is guaranteed by our constitution.
You do not say sorry for following the constitution.
Forgive me for saying this, but I think this is one of the stupid laws enacted.
It commands us how to sing the national anthem.
Here are the reasons why the National historical Institute is wrong in initiating this prosecution against Arnel Pineda.
First, the law is unconstitutional.
It is unconstitutional because it violates the fundamental right to free expression guaranteed in the bill of rights.
It is not justified for the NHI to claim that there is a law and they are bound to enforce it.
With all due respect, the NHI should not waste its energies and waste people’s taxpayer’s money by enforcing a law of doubtful constitutionality.
I am sure the NHI has better things to do.
Second. The law is unconstitutional because it deprives every Filipino citizen their right to due process of law.
The law prescribes that the national anthem should be sang or rendered they way it was done by Julian Felipe.
Now tell me, how many of the ninety million Filipinos have ever heard of the Julian Felipe version of the national anthem?
The government has not publicized the version of Julian Felipe of the national anthem.
For instance, the government should have enforced the requirement that movie houses, radio and television stations use the version of Julian Felipe when they air the national anthem, so that the people will hear the official version.
That is one way of publicizing.
But the government hasn’t.
So how can we follow a law requiring a manner of rendering the national anthem, when we haven’t heard the prescribed version at all?
In other words, the Julian Felipe version cannot be followed for lack of audio publication.
That is government’s fault. It’s failure.
Third. Arnel Pineda cannot be criminally prosecuted.
If there was ever a crime committed by Arnel Pineda by not singing the national anthem as prescribed by law, it was not committed within Philippine territory.
Penal laws are territorial in nature.
Fourth. The NHI should go around schools during early morning flag raising ceremonies.
The NHI will discover how the national anthem is “mangled” as it is sang lazily by students who are most probably still half-asleep.
Are we going to send the students to jail, too?
For me, how the national anthem is sang is not important.
What is important is that it is sang with sincerity, from the heart.
I notice almost everytime there is a rendition of the national anthem during Pacquiao fights, the NHI people spring into action and make themselves visible.
I am driven to feel these people are just K.S.P.
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