Commission on Elections Chairman George Erwin Garcia at a press briefing ahead of the proclamation of winning partylist groups at the Manila Hotel on May 19, 2025.  Jonathan Cellona, ABS-CBN News

MANILA — The Supreme Court has ordered the Commission on Elections (Comelec) to respond to a petition filed by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) questioning the legality of a provision of its anti-discrimination resolution on red-tagging.

This was revealed by the poll body’s chief George Erwin Garcia after their law department received the notice to comment on May 30, 2025.

In the copy of NTF-ELCAC’s petition for certiorari shared by Garcia to reporters, the group urged the SC to issue a temporary restraining order on a section of Comelec Resolution 11116 or the anti-discrimination guidelines for the 2025 elections prescribing “labelling” as an election offense.

Poll watchdog bats for stricter implementation of a Comelec resolution amid red-tagging

In its resolution, the poll body referred to “labelling” as an act of “categorizing, classifying, labeling, branding, associating, naming, and accusing individuals, groups and/or organizations as ‘vocal dissenters’ and activists or subversive group sympathizers or terrorists, or belonging to a criminal group/syndicate without evidence, whether in-person or online, broadcast or in print, during the election period, and in connection with or in relation to any election-related activity”.

The NTF-ELCAC claimed the Comelec “committed grave abuse of discretion” for prescribing it as an election offense.

“Moreover, the implementation of Section 3, in relation to Section 2(j), of Resolution No. 11116, would not only prejudice the NTF-ELCAC's legitimate efforts to unmask the true identities of members, affiliates, sympathizers, and collaborators of CGs, but it would also disempower Filipinos from exercising their constitutionally guaranteed freedom of expression, including their right to expose, identify, and call out CTs based on reliable information,” it stated.

Garcia said he has yet to read the entirety of the petition but he noted that they were given 10 days to comment.

However, he said they would ask for an extension as they have to prepare to defend themselves.

“Kami naman po ay napag-usapan na kaagad namin ng ating law department kanina and manghihingi kami ng extension. Well, unfortunately, in this case ang abogado ng NTF-ELCAC ay ang Solicitor General so the Comelec will be left to defend itself by our law department. Syempre ‘yung sarili namin, ide-defend namin,” Garcia said in an interview at the Comelec office in Intramuros, Manila, Wednesday. 

The poll body chief argued that the resolution was just a product of consolidated anti-discrimination resolutions and legislations already enforced in the country.

“Pinagsama-sama lang ng Comelec ang existing resolutions na or batas na umiiral sa ating batas patungkol sa paglaban sa diskriminasyon. Sinasabi naman ng Comelec na hindi porket kampanyahan ito, libre kang magsalita sa stage, pwede ka nang mag-discriminate laban sa kung kanino,” Garcia noted.

Despite this, Garcia welcomed the petition as an opportunity to clarify the scope of their powers in preparation for the 2028 elections.

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

“Maganda itong pagkakataon upang malaman natin kung talaga bang may kapangyarihan ang Comelec na i-define yung mga bagay na pupwedeng magkaroon ng diskriminasyon sa panahon ng kampanyahan and at the same time kung mayroon ba kaming kapangyarihan na mag-punish, mag-disqualify ng mga kandidato para dito sa bagay na ito,” he said.

“At this point, mukhang hindi na yung TRO ang pakay nila kundi a declaration kung ‘yan ba ay legal, constitutional o hindi,” Garcia pointed out.

Garcia added that they will also address in their comment the other petitions earlier filed by the NTF-ELCAC such as the cancellation of the registration and accreditation of Gabriela Women and Kabataan party-lists.