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Women's rights advocates picket in front of Camp Aguinaldo in Quezon City on October 28, 2020 calling against red-tagging of activists and human rights defenders. Mark Demayo, ABS-CBN News

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POL-Red Tagging

Jauhn Etienne Villaruel

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/171515346951420201028-anti-red-tagging-protest-MD-2.jpg" class="fr-fic fr-dib" alt="Women&#x27;s rights advocates picket in front of Camp Aguinaldo in Quezon City on October 28, 2020 calling against red-tagging of activists and human rights defenders. Mark Demayo, ABS-CBN News"/><span class="fr-inner" style="text-align:left">Women&#x27;s rights advocates picket in front of Camp Aguinaldo in Quezon City on October 28, 2020 calling against red-tagging of activists and human rights defenders. Mark Demayo, ABS-CBN News</span></span></span></div><p>MANILA — The Supreme Court (SC) has declared that &quot;red-tagging,&quot; or linking an individual to the communist movement, constitutes &quot;threats to a person’s right to life, liberty, or security.&quot;<a href="https://news.abs-cbn.com/news/01/25/24/red-tagging-raised-in-talk-with-un-expert-ntf-elcac"></a></p><div><a href="https://news.abs-cbn.com/news/01/25/24/red-tagging-raised-in-talk-with-un-expert-ntf-elcac">READ: Red-tagging among concerns raised in talk with UN expert: NTF-ELCAC</a></div><p>In a ruling made public Wednesday, the SC said that &quot;l<span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">abelling a person &#x27;red&#x27; often comes with frequent surveillance, direct harassment, and in some instances, eventual death.&quot;</span></p><div><span style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">Defenders of the practice have long said that there is no legal definition of &quot;red-tagging&quot; and that it is harmless. It had only previously been discussed and defined in a dissenting opinion.</span><span id="isPasted"></span></div><div><span id="isPasted"></span></div><div><span>The decision stems from a petition by activist <span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">Siegfred Deduro, who sought<span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none"> a writ of amparo before the Regional Trial Court (RTC), which denied his petition. </span></span></span><span id="isPasted"><span id="isPasted"><span id="isPasted"></span></span></span></div><div><span><span><span>The Writ of Amparo — Spanish for refuge or shelter — is a remedy available to any person whose right to life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity.</span></span></span><span id="isPasted"><span id="isPasted"><span id="isPasted"><a href="https://news.abs-cbn.com/news/09/29/22/badoy-to-sc-i-did-not-threaten-judge-malagar"></a></span></span></span></div><div><span><span><span><a href="https://news.abs-cbn.com/news/09/29/22/badoy-to-sc-i-did-not-threaten-judge-malagar">READ: Badoy to Supreme Court: I did not threaten Judge Malagar</a></span></span></span></div><div><strong>MILITARY &#x27;RED-TAGS&#x27; ACTIVIST</strong></div><p>Deduro, in his petition, said that, on June 19, 2020, military officers gave a presentation identifying him as part of the Communist Party of the Philippines-New People’s Army (CPP-NPA). The presentation was later reported by several news organizations.</p><p>Deduro also said there were instances when unidentified men followed him.</p><p>The RTC dismissed Deduro’s petition, finding his allegations of red-tagging insufficient to be considered threats to his life, liberty, and security.</p><div><a href="https://news.abs-cbn.com/news/09/11/23/ombudsman-junks-red-tagging-cases-vs-duterte-officials">READ: Ombudsman junks &#x27;red-tagging&#x27; cases vs Duterte officials</a></div><p>But the Supreme Court found prima facie evidence in Deduro’s petition warranting the issuance of a writ of amparo. </p><p>&quot;As Deduro’s petition was not groundless nor lacking in merit, the RTC should not have dismissed the case without requiring Maj. Gen. (Eric) Vinoya to first file a return... In this case, by dismissing the petition without requiring Maj. Gen. Vinoya to first file a return, the RTC effectively denied both parties due process,&quot; the SC said.</p><p>The SC also highlighted that petitioner should not be expected to <span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">“await his own abduction, or worse, death&quot; before the court believes that red-tagging is a serious threat to life.</span></p><div><span id="isPasted">Red-tagging gained notoriety during the previous administration as it was often used by government officials to silence dissenters. The act often leads to harassment of activists, and sometimes death.</span></div><div><span><a href="https://news.abs-cbn.com/news/09/12/22/30-cops-face-murder-raps-over-bloody-sunday-killings" id="isPasted">READ: 30 cops face murder raps over &#x27;Bloody Sunday&#x27; killings</a></span></div><p>The Court reversed the RTC’s dismissal order and required it to conduct a summary hearing on the case.</p><p>The ruling was penned by SC Associate Justice Rodil Zalameda, where it granted the writ of amparo in favor of Deduro.</p><div><strong>&#x27;VICTIMS SHOULD PUSH BACK&#x27;</strong></div><p>ACT Teachers Party-list Rep. France Castro, a frequent target of red-tagging, called the decision a &quot;beacon of hope for those who have been vilified, harassed, and killed because of their political beliefs and activism.&quot; She said the government should move to put an end to the practice of red-tagging and to hold those behind it accountable.</p><p>Bayan chair emeritus Carol Araullo, who had been repeatedly red-tagged by SMNI hosts Lorraine Badoy-Partosa and Jeffrey Celis, welcome the SC&#x27;s ruling.</p><p>&quot;Finally there is no hiding behind the deceptive defense that no law exists defining and proscribing the evil practice as a means by notorious red-taggers using official and other platforms to evade responsibility for their acts,&quot; she said.</p><p>&quot;It should also provide a warning to their unthinking followers, especially on social media, who parrot their line and contribute to what amounts to the publicly lynching of their targets,&quot; she also said.</p><p>Araullo, who filed a civil suit against Badoy-Partosa and Celis last July, said others &quot;who have been maligned as &#x27;communist-terrorists&#x27; and have suffered its negative effects&quot; should file charges against &quot;the most notorious red-taggers&quot; as a way of pushing back against the practice.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/hssXuXjK-hE?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>According to SC chief communications officer Mike Navallo, this was the first time the SC defined the concept of "red-tagging" in a main decision.</p>

According to SC chief communications officer Mike Navallo, this was the first time the SC defined the concept of "red-tagging" in a main decision.

SC recognizes danger of 'red-tagging,' says may justify writ of amparo

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SC recognizes danger of 'red-tagging,' says may justify writ of amparo

Jauhn Etienne Villaruel,

ABS-CBN News

Published May 08, 2024 04:08 PM PHT

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SC

Supreme Court

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