Insurgency: Red-Tagging Threatens Life, Liberty, Security

After a landmark Supreme Court ruling red-tagging is back in the news again. 

https://www.philstar.com/headlines/2024/05/08/2353570/sc-grants-protection-writ-ex-bayan-muna-solon-declares-red-tagging-threatens-life-liberty-security

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.

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. 

What makes this a landmark case is that for the first time the Supreme Court has recognized red-tagging to be not only a fact but a danger to those who are tagged. This case has caused the human rights advocates to rejoice and once more call for the abolition of the NTF-ELCAC.

https://newsinfo.inquirer.net/1938905/groups-renew-call-for-the-abolition-of-task-force-vs-communist-rebellion

Members of progressive groups have reiterated their call to abolish the National Task Force to End Local Communist Armed Conflict (NTF-Elcac).

It comes after the Supreme Court (SC) declared that red-tagging or linking people to communist rebels threatens life and liberty.

Former Bayan Muna Rep. Carlos Zarate said that since alleged trumped-up cases and harassment — including red-tagging — originated from the NTF-Elcac, the government must now move to repeal Executive Order (EO) No. 70.

He made the statement in a press briefing on Thursday at the Batasang Pambansa complex.

EO No. 70, which gave life to NTF-Elcac, was crafted during the time of former President Rodrigo Duterte.

While member-agencies maintained that the task force seeks to counter armed insurgency, several groups have claimed that NTF-Elcac is only out to malign and threaten people expressing legitimate dissent.

“Because of this decision from the SC, our call to hold accountable people responsible for red-tagging is stronger,” he said.

“Threats and killings happened because of these trumped-up cases, which we know was really initiated by NTF-Elcac,” said Zarate.

“So we reiterate our call to abolish this, repeal Executive Order No. 70 released by former president Rodrigo Roa Duterte, and remove powers from the NTF-Elcac,” he added.

But NTF-ELCAC officials say that the Supreme Court ruling also favors them. 

https://newsinfo.inquirer.net/1939875/sc-ruling-also-favors-ntf-elcac-official-claims

The controversial National Task Force to End Local Communist Armed Conflict (NTF-Elcac) welcomed on Sunday the Supreme Court’s landmark decision recognizing red-tagging as a real threat to the lives and civil liberties of Filipinos.

The task force, which was not a party of interest in the case, claimed that the decision gave the state a chance to “present witnesses and evidence gathering” on Deduro’s alleged involvement in the communist insurgency.

“The SC’s decision shed light on the RTC’s procedural lapse in dismissing the case without requiring the respondent to file a return, thereby depriving the state [of] due process,” said NTF-Elcac executive director Ernesto Torres.

Torres made the remarks in an apparent bid to deflect demands that the NTF-Elcac be abolished or defunded because of allegations of repeated violations of democratic freedoms.

Torres insisted that accusations of red-tagging were only meant to deflect underground organizations’ “terrorist-grooming,” which he defined as attempts to systematically recruit and radicalize select individuals through manipulation and control.

It is not exactly clear how the ruling favors the NTF-ELCAC since they are involved in red-tagging. Contrary to the SC ruling Torres claims that accusations of red-tagging are only a smokescreen "meant to deflect underground organizations’ “terrorist-grooming."  

Likewise the National Security Council claims the ruling has nothing to do with the NTF-ELCAC and that associating them with the case "boggles the mind."

https://www.pna.gov.ph/articles/1224571

The National Security Council (NSC) on Monday dismissed calls made by leftist groups calling for the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

NSC Assistant Director General Jonathan Malaya made the remark after Karapatan, Gabriela, and Human Rights Watch, among others, called for the task force's abolition following the Supreme Court's (SC) ruling declaring red-tagging a threat to people's life, liberty, and security, and could warrant the issuance of a protection order.

He, however, emphasized that nowhere in the SC's 39-page decision granting a writ of amparo to former Bayan Muna party-list lawmaker Siegfred Deduro does it state that NTF-ELCAC was responsible for red-tagging.

The SC ruled in favor of Deduro, whose petition for such relief was dismissed by the Iloilo Regional Trial Court (RTC).

"The SC never said that the NTF-ELCAC is a notorious red-tagger. The NTF-ELCAC is not a party to the case nor was it impleaded so why it is now being linked to this decision boggles the mind? It's non-sequitur," he added.

He also noted that the SC, in its ruling, explained that it was not "making a categorical ruling on the merits of the writ of amparo."

The SC also said the RTC must determine the relevance and consistency of the evidence presented by both parties.

"So clearly, the SC was merely correcting a procedural lapse on the part of the Regional Trial Court and ordered the remanding of the case to the RTC for the conduct of summary hearing. The NTF-ELCAC has nothing to do with this case. Period," Malaya noted.

Malaya, meanwhile, said these abolition calls are unfounded and uncalled for as the body has been instrumental and a "game changer" in the successful campaign against the New People's Army (NPA) and their allied and front organizations.

"Because of the NTF-ELCAC, the NPA has been strategically defeated with its last remaining nine weakened guerilla fronts with around 1,000 remaining armed members scattered in remote areas. Peace is finally within our reach," he added.

Why exactly is mind boggling? The SC ruled that red-tagging poses a threat to life, liberty, and security and the NTF-ELCAC is indeed a notorious red-tagging orgainzation. The link is not far-fetched in the slightest. 

The Army also claims, contrary to the SC ruling, that red-tagging does not exist. 

https://mb.com.ph/2024/5/14/army-3rd-id-chief-denies-red-tagging

Major Gen. Marion Sison reiterated that the 3rd Infantry Division of the Philippine Army is not involved in red-tagging.

“It is not a government policy. Such words do not really exist,” said the head of the 3rd ID following the decision of the Supreme Court (SC) to grant a Writ of Amparo or court protection to former Bayan Muna party-list Rep. Siegfred Deduro.

Deduro is an Ilonggo activist allegedly red-tagged by the 3rd ID in 2020 under the leadership of Major Gen. Eric Vinoya.

Sison reaffirmed the 3rd ID’s commitment to protect the interest of the people and uphold their rights and within the rule of law.

“As part of the Army's duties and obligations to the people of Western and Central Visayas, we abide by and respect the rule of law,” he said.

“This principle serves as the bedrock of our operations in ensuring the people that the Army conducts its operations within the bounds of the law. I am more than confident that this case will uncover the truth,” added Sison.

That is an amazing deflection and twisting of the SC ruling. It may not be government policy to red-tag individuals and groups but government officials including the AFP, the PNP, and the NTF-ELCAC routinely do so and the SC called such labelling a threat to life.

Government officials say they are only engaged in truth telling. They claim that because Joma Sison declared certain groups to be legal fronts of the CPP they are de facto terrorist organizations and have warned LGUs to not support them. 

https://visayandailystar.com/army-to-lgus-landowners-do-not-support-npa-front-organizations/

The Army’s 3rd Infantry Division yesterday enjoined local government units (LGUs), businesses, landowners, small and medium enterprises, as well as the local populace to refrain from, desist, resist, and avoid by any means necessary the giving of any financial and material support to the CPP-NPA-NDF, or any of their front organizations.

The long arm of the law will reach those who violate the law with severe penalties as provided for under our anti-terror laws, disclosed Lt. Col. J Jay Javines, 3rd Infantry Division Civil Military Operations officer.

We ask that our LGUs and their chief executives, including our local legislators, be prudent and vigilant so that CPP NPA affiliated organizations cannot exploit our legal processes and cannot have access to government funds and resources, Javines further said.

Javines said those charged for various violations of Republic Act No. 10168 or the Terrorism Financing Prevention and Suppression Act of 2012, which he did not identify, were afforded due process under our laws.

These cases are a result of tedious case build-up and have garnered the support of the peace-loving people of Negros Island, he added.

This is a manifestation of our people’s collective resolve and aspiration to attain a just and lasting peace by ending the CPP-NPA-NDF and their lifeline by cutting all sources of funds to finance the communist terrorist group’s (CTG) terror activities, Javines further said.

While not spelled out definitely the NPA front organizations are certainly all those groups associated with the Makabyan Bloc. But since those groups are allowed to operate freely and have not been declared terrorist organizations by the Anti-Terrorism Council this warning is indeed red-tagging. Of course the government denies they are red-tagging. They are merely truth telling.