SC issues show-cause order vs Badoy over posts on Manila judge
MANILA, Philippines (Updated 4:31 p.m.) — The Supreme Court has ordered former Palace official Lorraine Badoy-Partosa to explain why she should not be cited in contempt of the court over her posts concerning Manila Judge Marlo Magdoza-Malagar.
The SC in an en banc session on Tuesday issued a show-cause order against Badoy-Partosa. She was given 30 calendar days from receipt of resolution to submit her explanation on why she should not be cited in contempt of the judiciary and the high court.
The SC Public Information Office said in a statement that Badoy should respond to the following issues under oath:
- Whether or not she posted or caused the posting of the statements attacking the September 21, 2022 Resolution rendered by the Regional Trial Court in Civil Case No. R MNL-18-00925-CV in any or all of her social media accounts;
- Whether or not her social media post encouraged more violent language against the judge concerned in any or all of her social media platforms;
- Whether or not her post, in the context of social media and in the experience of similar incendiary comments here or abroad, was a clear incitement to produce violent actions against a judge and is likely to produce such act; and
- Whether or not her statements on her social media accounts, implying violence on a judge, is part of her protected constitutional speech
The cited resolution is Judge Magdoza-Malagar’s decision to dismiss the Philippine government’s petition to judicially declare the Communist Party of the Philippines and New People’s Army as terrorists. She held that the crimes alleged in the petition do not fall under terrorism as defined by the Human Security Act.
The SC PIO added that it has noted statements from group of trial court judges HUKOM Inc., the Philippine Bar Association and the University of the Philippines College of Law faculty — all of whom have condemned and raised the alarm on Badoy-Partosa’s posts.
It also said the tribunal has taken note of actions taken by the Office of the Court Administrator to ensure the safety and security of Judge Magdoza-Malagar, who has been subject of Badoy-Partosa’s online rants.
The high court has initiated motu proprio (on its own) proceedings on the administrative matter against Badoy.
It was first tackled by SC justices on September 27, when the SC also “sternly” warned “those who continue to incite violence through social media and other means which endanger the lives of judges and their families.”
Under the Rules of Court, indirect contempt may be punished by a fine or by imprisonment of six months or both.
Part of Badoy-Partosa's post, which she later denied making, read: "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."
Earlier on Tuesday, law school deans and lawyers led by former Philippine Bar Association President Rico Domingo also filed an Urgent Petition for Indirect Contempt against Badoy.
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