SC grants protection writ for ex-Bayan Muna solon, declares ‘red-tagging’ threatens life, liberty, security

MANILA, Philippines —  The Supreme Court has granted a petition of writ of amparo for Siegfred Deduro, a former lawmaker from Bayan Muna Partylist after authorities associated him with the communist insurgency. 

In a 39-page decision dated July 4, 2023, the high court declared that associating red-tagging and guilt by association jeopardizes a person’s fundamental rights to life, liberty, or security, setting aside the ruling of the Iloilo Regional Trial Court (RTC) in dismissing the former lawmaker’s amparo petition. 

“Petitioner should not be expected to await his own abduction, or worse, death, or even that the supposed responsible persons directly admit their role in the threats or violations to his constitutional rights, before the courts can give due course to his petition,” the decision read. 

“In such cases, the consummation of the threat to petitioner's life, liberty, or security, or the commission of the abduction or killing may be the subject of proper administrative or criminal proceedings,” it added.

A writ of amparo protects individuals whose right to life, liberty, or security is violated or threatened by unlawful acts of public officials, employees or private entities.

The case stemmed after the military officers led by Maj. Gen. Eric C. Vinoya in 2020 explicitly said that Deduro and others are members of the hierarchy of the Communist Party of the Philippines and its armed with the New People’s Army (CPP-NPA).

It was then reported by Bombo Radyo Iloilo and the state-run Philippine News Agency and that there were posters that were put up in different locations in Iloilo about Deduro and other activists as members of the CPP-NPA.

Unidentified men also often follow the former lawmaker, according to the SC.

Writ of amparo petition

This prompted Deduro to file an amparo petition before the Iloilo RTC making the Vinoya and other military officers the respondents.

The RTC, however, dismissed Deduro’s petition on Oct. 26, 2020, saying that the former lawmaker’s allegation of red-tagging was “baseless.”

This prompted Deduro to elevate the petition before the SC, assailing the dismissal of the RTC.

In ruling in favor of the former lawmaker, the high court said that red-tagging depicts a “likely precursor to abduction or extrajudicial killing (EJK),” citing previous cases of enforced disappearances and EJK.

“The foregoing accounts of red-tagging depict it as a likely precursor to abduction or extrajudicial killing. Being associated with communists or terrorists makes the red-tagged person a target of vigilantes, paramilitary groups, or even State agents,” the SC said. 

“Thus, it is easy to comprehend how a person may, in certain circumstances, develop or harbor fear that being red-tagged places his or her life or security in peril,“ it added.

The SC then ordered the RTC to conduct a summary hearing regarding the amparo petition. 

“The RTC is REQUIRED to conduct a summary hearing on the Petition and the interim relief of Production Order within 10 days from receipt of this Decision. After hearing, the RTC shall DECIDE the case within 10 days from the time it is submitted for decision. It is further ordered to FURNISH this Court with a copy of the decision within five days from its promulgation,” the high court’s decision read. 

The SC also pointed out that several organizations have recognized red-tagging as a form of “harassment and intimidation”.

“As early as 2007, the United Nations Human Rights Council observed the prevalence of a practice in the Philippines where groups at the left of the political spectrum are characterized as front organizations of anti-democratic groups,” the SC said. 

It also took note that red-tagging has also transitioned to social networking sites like Facebook citing the report of the  United Nations High Commissioner for Human Rights.

“More than a decade after; red-tagging also transitioned to online social media platforms like Facebook… labeling certain groups or persons as ‘reds’ oftentimes came with frequent surveillance and direct harassment,” the SC said. 

“Some received death threats either through text or online direct messages. A number of women activists have reported being threatened with rape or other forms of sexual assault,” it added. 

On red-tagging

In a seperate concurring opinion, Senior Associate Justice Marvic Leonen reaffirmed that the grant of a writ of amparo is warranted in cases involving red-tagging.

Leonen said this citing his 2015 dissenting opinion in a different case outlining the dangers of "vilification, labeling and guilt by association" brought by red-tagging.

“As astutely stated in the ponencia, a person seeking the protective ambit of a writ of amparo need not await the inimical outcomes of being red-tagged to come to pass to be entitled to the writ,” he said in his seperate opinion.

“The heightened risk of danger or death brought about being labelled as a Communist, a Communist sympathizer, or even merely being adjacent to a Communist cause should be seriously considered by judges in amparo proceedings,” he added.

The decision was promulgated in July 2023 but was only made available on the SC’s website on Tuesday. It was penned by Associate Justice Rodil Zalameda.