MANILA, Philippines (Updated 5:10 p.m.) — The Supreme Court on Tuesday issued a "stern" warning that it will consider attempts on social media and elsewhere to incite violence against judges a contempt of the court.
According to a statement issued by the SC Public Information Office, the court en banc has discussed "possible actions" over statements "made by a certain Lorraine Badoy containing threats against Judge Marlo A. Magdoza-Malagar".
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Lorraine Badoy-Partosa, a former Palace official, has posted online rants against Judge Magdoza-Malagar over a decision junking the government petition to declare the Communist Party of the Philippines and New People' Army. Magdoza-Malagar said crimes alleged in the government petition were against the law but did not fall under terrorism as defined in the Human Security Act.
Part of Badoy-Partosa's screed on Facebook reads: "If I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF must be killed because there is no difference in my mind between a member of the CPP NPA NDF and their friends, then please be lenient with me."
She has also since insinuated that the judge's husband, UP Cebu Chancellor Leo Malagar, has links to the CPP-NPA and used to be a communist cadre.
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The SC PIO said the court discussed Badoy-Partosa's statements motu proprio, or on its own initiative, and issued a stern warning to "those who continue to incite violence through social media and other means which endanger the lives of judges and their families...that this shall likewise be considered a contempt of this court and will be dealt with accordingly."
The SC rarely issues statements but, in March 2021, said in response to attacks and threats against members of the legal profession that "to threaten our judges and our lawyers is no less than an assault to the judiciary." It said then that such attacks "cannot go undenounced on the court's watch."
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Although the Integrated Bar of the Philippines has already condemned Badoy-Partosa's statements, individual lawyers have also been gathering signatures for a separate condemnation of the remarks, which they said "constitute a direct attack against the judiciary and its officers that is intended to undermine public confidence in the justice system and to harass and intimidate those who choose independently to promote the rule of law."
The lawyers — 174 have so far signed the statement — said Badoy-Partosa "must be held accountable while those who dare follow her lead must be warned that there are consequences for violating the law."
In a separate statement, the Free Legal Assistance Group said that "Badoy's threat is not protected speech — it is a felony."
It said that Badoy-Partosa's rants against the Malagars violate their rights and "clearly indicate that she will continue to act with impunity unless she is held accountable."
FLAG also called on the court to issue a show-cause order for Badoy-Partosa to explain why she should not be cited in contempt of court.
Police action sought
Meawhile, Kabataan party-list — among the many organizations and people whom Badoy-Partosa has accused of links to communist rebels — raised at budget hearings for the Department of the Interior and Local Government an apparent double standard in how the Philippine National Police responds to online threats.
Rep. Raoul Manuel (Kabataan party-list) cited how law enforcement arrested a teacher in 2020 over a tweet offering a reward for someone to kill then President Rodrigo Duterte. Prosecutors junked repeated attempts by law enforcement to bring teacher Ronnel Mas to court over the tweet, citing lack of probable cause.
"Ang dating spokesperson ng NTF-ELCAC na si Lorraine Badoy-Partosa, ay may similar action din, at gusto natin malaman kung may intensyon ba ang ating kapulisan na hulihin din siya. Nilalagay na po sa alanganin ang safety, security at buhay ng judge ng Manila Regional Trial Court," Manuel said.
(The former spokesperson of the National Task Force to End Local Communist Armed Conflict Lorraine Badoy-Partosa did a similar action and we want to know if the police have any intention to arrest her. She is putting the safety, security and the life of the Manila Regional Trial Court judge at risk.)
During the campaign period, law enforcement agencies were quick to react to reported threats against candidate Ferdinand "Bongbong" Marcos Jr., even volunteering a tracker team to "[get] the person responsible for this kind of threat."
Manuel said the police have shown that they can investigate people for online threats and that they cannot "send the message that people like this are untouchable and that these things they do have no repercussions."
The PNP, an agency under the DILG, committed to investigate Badoy-Partosa's threats and send its findings to Manuel's office.
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