SC gives rights workers writ of protection vs 'red-tagging', harassment

MANILA, Philippines — Rights workers have scored a win at the Supreme Court, which issued a writ of protection against alleged state harassment.

The SC granted Karapatan, Rural Missionaries of the Philippines and Gabriela’s petition for writ of amparo and habeas data over accusations by state agencies and agents that their members are “fronts” of the Communist Party of the Philippines.

They said the accusations bring threats to life, liberty and security.

The en banc notice, dated May 24, 2019, was released only on Thursday.

The issuances of the writs were given through the authority of Chief Justice Lucas Bersamin, “upon the written recommendation of the member-in-charge.”

The resolution did not identify the member-in-charge or the SC justice who would be handling the petition.

Appeals court to hear petition proper

The SC also referred the petition to the Court of Appeals to cause the immediate raffle of the plea. It also ordered “the respondents to submit verified return of the Writ of Amparo and Habeas Data...on or before June 13 and to Comment on the petition before the said date.”

Named as respondents are President Rodrigo Duterte, his spokesperson Salvador Panelo and his top military and Defense men.

The CA is directed to hear the petition on June 18.

The petition, filed through the National Union of Peoples’ Lawyers, alleged that the “red-tagging and terrorist-labeling” of Duterte and his men “became more systematic” through Executive Order No. 70.

The EO issued on Dec. 4 2018  created a national task force to end local communist armed conflict.

Through the creation of task force, the threats against the life, liberty and security of the petitioners were aggravated they said. The groups said the government order “is an expression of a government policy directed against legitimate civil society organizations, activities and human rights defenders.”

“The adverse effect of such red-tagging has been recognized, since it has resulted in the harassment, intimidation, killings, abductions and even the filing of trumped up charges against them,” the petition further read.

Pro bono lawyers also mark win at SC

This is another win for groups who claim that they have been red-tagged by the State.

The SC has earlier ordered the government to explain red-tagging of the members of the NUPL.

READ: Court of Appeals to hear NUPL plea over perceived state harassment, red-tagging

The Office of the Solicitor General said that the pro bono lawyers’ plea for protection from the Supreme Court due to perceived state red-tagging and threats was a “cry for undue attention.”

In filing the Return of the Writ, in reply to the SC-issued writ of amparo and habeas data on May 3, the government asserted that the high court should deny the National Union of Peoples’ Lawyers plea for the writs due to lack of merit.

“[T]his case is not calibrated to exact justice but merely the posturing of rabid causelessness. It should not be dignified,” Solicitor General Jose Calida said.