Questions for Esperon pile up as SC justices bring up Parlade's red-tagging in anti-terror debates
MANILA, Philippines — Questions for National Security Adviser Hermogenes Esperson are piling up as Supreme Court justices again brought up Lt. Gen. Antonio Parlade’s repeated red-tagging in the ongoing oral arguments on the petitions against the Anti-Terrorism Act of 2020.
Associate Justice Amy Lazaro-Javier in Tuesday’s setting noted that Parlade, a ranking military officer and spokesperson of the National Task Force to End Local Communist Armed Conflict, accused Gabriela and Kabataan party-list, which have consistently won seats in the Congress, of being fronts to the Communist Party of the Philippines.
A proscription petition against the CPP and its armed wing New People’s Army pending before the courts but the Anti-Terrorism Council had designated them as terrorists.
“When the spokesperson give statements linking a group to the CPP-NPA does he do so in his official capacity as spokesperson or are these statements simply his personal opinions?” Lazaro-Javier asked.
Assistant Solicitor General Marissa Galandines said since Parlade is a private citizen, he has freedom of expression. She added that Parlade’s posts are his personal opinions and not the official position of the government.
This was also the OSG’s position when it submitted its comment on petitioners’ pleading that asked the SC to compel Parlade to explain a Facebook post which retired Senior Associate Justice Antonio Carpio said is a “clear threat” to them.
Lazaro-Javier pressed: “You are also a general, an assistant solicitor general, and the head of OSG is also a general. You are the lawyer of the government. Are you authorized to disavow the statements of the spokesperson?”
In the end, Galandines fended off questions on Palade’s red-tagging to National Security Adviser Hermogenes Esperon.
“May we be allowed, we submit that these are factual matters involving the AFP and NTF-ELCAC and submit that the NSA [Esperon] can better answer,” she told the justice
Cannot overrule Parlade
But Associate Justice Marvic Leonen, in his separate interpellation, cited the case of an unnamed “military person” who does not answer to the chain of command.
Leonen noted: “This is the first time that I heard that a military person, even a colonel or general, does not answer to the chain of command, does not have that discipline and cannot be told ‘you cannot say that because you belong to the institution’. You want to say that get out of the institution first.”
He added he cannot criticize the SC without disrobing first.
When Parlade was in hot water for his continued red-tagging in March, Lt. Gen. Cirilito Sobejana said the Armed Forces of the Philippines has “no way” to overrule Parlade’s statements as NTF-ELCAC spokesperson.
Leonen added: “For as long as you are in government and you speak something, and if that speech is made in relation to an Executive agent, and there is only one Executive, then don’t you think that is also the voice of the Executive.”
He continued: “Unless the Executive says, Be quiet. Hindi mo pwede sabihin yan, hindi ko policy yan.’ Gusto mo sabihin yan. You want your personal freedom of expression, you go out of government first’.”
The oral arguments will resume, for its eighth setting, on Wednesday, 2:30 p.m.
Other magistrates, including Associate Justice Rosmari Carandang, had earlier said they have questions for Esperon.
Senior Associate Justice Estela Perlas-Bernabe and Chief Justice Alexander Gesmundo have yet to grill the petitioners. After the SC wraps up its interpellation of government lawyers, retired Chief Justice Reynato Puno and retired Associate Justice Francis Jardeleza, designated amici curiae (friends of court), will deliver their statements.
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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