Women's rights advocates picket in front of Camp Aguinaldo in Quezon City on October 28, 2020 calling against red-tagging of activists and human rights defenders. Mark Demayo, ABS-CBN News

MANILA — The Supreme Court (SC) has declared that "red-tagging," or linking an individual to the communist movement, constitutes "threats to a person’s right to life, liberty, or security."

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In a ruling made public Wednesday, the SC said that "labelling a person 'red' often comes with frequent surveillance, direct harassment, and in some instances, eventual death."

Defenders of the practice have long said that there is no legal definition of "red-tagging" and that it is harmless. It had only previously been discussed and defined in a dissenting opinion.

The decision stems from a petition by activist Siegfred Deduro, who sought a writ of amparo before the Regional Trial Court (RTC), which denied his petition. 

The Writ of Amparo — Spanish for refuge or shelter — is a remedy available to any person whose right to life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity.

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MILITARY 'RED-TAGS' ACTIVIST

Deduro, in his petition, said that, on June 19, 2020, military officers gave a presentation identifying him as part of the Communist Party of the Philippines-New People’s Army (CPP-NPA). The presentation was later reported by several news organizations.

Deduro also said there were instances when unidentified men followed him.

The RTC dismissed Deduro’s petition, finding his allegations of red-tagging insufficient to be considered threats to his life, liberty, and security.

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But the Supreme Court found prima facie evidence in Deduro’s petition warranting the issuance of a writ of amparo. 

"As Deduro’s petition was not groundless nor lacking in merit, the RTC should not have dismissed the case without requiring Maj. Gen. (Eric) Vinoya to first file a return... In this case, by dismissing the petition without requiring Maj. Gen. Vinoya to first file a return, the RTC effectively denied both parties due process," the SC said.

The SC also highlighted that petitioner should not be expected to “await his own abduction, or worse, death" before the court believes that red-tagging is a serious threat to life.

Red-tagging gained notoriety during the previous administration as it was often used by government officials to silence dissenters. The act often leads to harassment of activists, and sometimes death.

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The Court reversed the RTC’s dismissal order and required it to conduct a summary hearing on the case.

The ruling was penned by SC Associate Justice Rodil Zalameda, where it granted the writ of amparo in favor of Deduro.

'VICTIMS SHOULD PUSH BACK'

ACT Teachers Party-list Rep. France Castro, a frequent target of red-tagging, called the decision a "beacon of hope for those who have been vilified, harassed, and killed because of their political beliefs and activism." She said the government should move to put an end to the practice of red-tagging and to hold those behind it accountable.

Bayan chair emeritus Carol Araullo, who had been repeatedly red-tagged by SMNI hosts Lorraine Badoy-Partosa and Jeffrey Celis, welcome the SC's ruling.

"Finally there is no hiding behind the deceptive defense that no law exists defining and proscribing the evil practice as a means by notorious red-taggers using official and other platforms to evade responsibility for their acts," she said.

"It should also provide a warning to their unthinking followers, especially on social media, who parrot their line and contribute to what amounts to the publicly lynching of their targets," she also said.

Araullo, who filed a civil suit against Badoy-Partosa and Celis last July, said others "who have been maligned as 'communist-terrorists' and have suffered its negative effects" should file charges against "the most notorious red-taggers" as a way of pushing back against the practice.

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