Honorable

Stuck in traffic the other day, I chanced upon a barangay sign listing the names of its incumbent officials. What caught my fancy was that each individual’s name was preceded by the prefix “Hon.” (short for Honorable) including the youth representative and the secretary. This led me to conduct a quick research as to how the practice of calling someone “Honorable” started and which officials are entitled to use it.

As to be expected, the practice started in the United Kingdom in the 15th century, although it was only in 1874 that there is evidence of an authoritative limitation on the title. From a mark of deference, it evolved into a style assumed by right.

The use of the prefix “Honorable” varies from country to country. In the British Commonwealth, there is a precise list of people who are entitled to use the term. Formal rules were formulated. Earls, viscounts, barons. Members of Parliament and Her Majesty’s Privy Council (i.e., the Cabinet) and Judges of high courts referred to as “right honorable.” The title of “honourable” is bestowed on the sons and daughters of peers. However, it is inappropriate for an “honorable” to use the prefix on his calling card and to be announced as such.

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Not our peers: Let me digress to briefly discuss the related subject of British nobility. I had always been curious about their various titles and ranks.

The peerage consists of largely hereditary titles which form part of the British honours system. At the top is the Sovereign or the Monarch who is considered as the “fount of honor.” Below the Sovereign are the peers. Everyone else is a commoner. Unlike the continental European tradition where entire families are ennobled, only the individual is entitled to the title. Hence, nobility in Britain is based on recognition (except the Sovereign), not on blood line.

The highest rank in the British peerage is the Duke. He is addressed as “My Lord Duke” or “Your Grace.” Next to the Duke is the Marquess/Marquis who is a “Most Honorable” and is properly styled as “My Lord Marquess.” Then comes the “Right Honorables” who are the Earl, the Viscount and the Baron who are third, fourth and fifth in the order of precedence and they are all styled as “My Lord.”

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Back to commoners: The practice of calling someone “Honorable” in the United States is less formal and regimented. There is no law regulating its use and people are free to use the term as one deems appropriate. So the title is commonly given to any person who holds or has held any office of importance in the State or Federal government.

As in many other things, the American tradition was passed on to our colonial shores. Elected officials from Vice President down to the barangay kagawad expect to be honorably addressed (the President is the only one addressed as His Excellency). The entire judicial branch, from the Chief Justice to the municipal court judge, has a similar expectation. During a Congressional investigation or a court hearing, a legislator or a judge is used to being called “Your Honor.” Appointed officials believe they deserve no less so those in the Executive branch should be properly addressed as well.

But where does one draw the line? At what level do we stop? Unfortunately, due to over-use, the style has lost its honorific lustre. This may be an instance where the exception has become the general rule. But at the end of the day, our “honorables” should never forget that honor, like respect, is not entitled but earned.

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Death process: In reaction to last week’s column, Ismael Flores asks: “If the Constitution protects an individual’s right to life, is a law providing for the imposition of the death penalty unconstitutional? Answer: Not necessarily. To recall, Article III, section 1 of the 1987 Constitution provides: “No person shall be deprived of life, liberty or property without due process of law.” Does this mean that an individual’s enjoyment of these rights is absolute? No it does not. Reading the Constitutional provision carefully, the State may still take away an individual’s life, liberty or property provided that due process is observed.  

So what does “Due process” mean? The term has a substantive and a procedural component.  Substantive due process is complied with if a law “makes sense” and not arbitrary. On the other hand, the essence of procedural due process is fair notice and hearing. So for example, the Constitution recognizes that the death penalty is an appropriate punishment for heinous crimes.  The Death Penalty Law (R.A. No. 7659) was passed by Congress in December 1993 which, among others, defined a heinous crime. Subsequently the Death by Lethal Injection Law (R.A. No. 8177) was enacted in March 1996. In People v. Echegaray, the Supreme Court ruled that these laws complied with substantive due process. 

Procedural due process is followed when an offender undergoes a fair trial in a regional trial court and if convicted, his case is automatically brought to the Supreme Court for mandatory review. If the conviction is upheld, then such person can be executed since the due process of the law has been followed. 

Note, however, that Congress later on changed its mind when it passed R.A. 8177 in June 2006 which again prohibits the imposition of death penalty in the Philippines.

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Combating corruption: On 19-21 November 2014, the Presidential Commission on Good Government (PCGG) and the Swiss Confederation Department of Foreign Affairs are co-hosting an International Experts’ Workshop on Stolen Assets and Hidden Wealth: Theft, Recovery and Restitution at the EDSA Shangri-La Hotel. The workshop will be attended by senior government officials from the asset recovery agencies and financial intelligence units of the Asia-Europe Meeting (ASEM) member-states. This workshop presents a good opportunity for countries to collaborate constructively in respect of the challenge of ill-gotten wealth recovery and the effective deterrence of corruption. If you are interested to attend, you may contact Jess Pasibe through [email protected].

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“Wherever you go, no matter what the weather, always bring your own sunshine.”    – Anthony D’ Angelo

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Email: [email protected]