Manila Judge Calls Out Red-Tagging Incidents

A Manila Regional Trial Court (RTC) judge, who served as a Special Weapons and Tactics commander and sharpshooter before joining the judiciary, took up the cudgels for his colleague Manila Judge Marlo Magdoza-Malagar and called out incidents of red-tagging that send a chilling effect to members of the bench.

In an interview with The Philippine STAR on Wednesday, Sept. 28, Manila RTC Branch 3 presiding Judge Jaime Santiago reminded former National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) spokesperson Lorraine Badoy to be more responsible in airing statements on social media.

“It sends a chilling effect to the judiciary,” Santiago said.

“Trial by publicity thwarts our judgment. The law may be harsh but it is the law,” he added.

In a Facebook post, Badoy criticized Manila RTC Branch 19 Judge Malagar’s decision that dismissed the government’s bid to declare the Communist Party of the Philippines-New People’s Army as terrorists.

Santiago, who served as SWAT commander for the Manila Police District before taking the Bar and becoming a prosecutor then judge, said magistrates base their decisions on the evidence at hand, without fear or favor.

“The task of the judiciary is to protect the rights of the people and to interpret the law. Our interpretation of the law in our verdict may not be in favor of the government or the leftists, so be it. It is based on the merits of the case,” the judge said in Filipino.

The judge said a social media “influencer” like Badoy, who has over 160,000 followers on Facebook, should be mindful that controversial statements could “embolden” netizens to inflict violence on judges.

“Other people may not have read the decision, but will believe you,” the judge said of Badoy.

Red-tagging, in general, could result in violence inflicted on activists, lawyers and media practitioners, he added.

“We are in a democracy. We must always respect peoples’ rights,” the judge said. “There are several prosecutors, judges, lawyers, even newsmen who were killed because they were just performing their duties.”

‘Terrorists’ acquitted

The judge advised red-taggers like Badoy to first read the decisions acquitting suspected communist rebels arrested by law enforcers.

He said there are several cases dismissed because of the failure of police to appear in court to testify against the suspected rebels.

He said his wife, Nasugbu RTC presiding Judge Wilhelmina Go Santiago, had also been red-tagged when she dismissed a case against Lamberto Asinas, who was accused by the police of being a ranking communist official, because of inadmissible evidence.

“To red-taggers, first of all, they should have read the decision. Before you condemn me, read my decision,” said Santiago, who also feared being red-tagged because of his latest decision acquitting two suspected Bangsamoro Islamic Freedom Fighters (BIFF).

Santiago recently acquitted businesswoman Remedios Habin and her driver Alvin Kadil of being members of the BIFF.

The judge dismissed the charge of illegal possession of firearms and explosives the police filed against the two, who were arrested by intelligence operatives of the National Capital Region Police Office along UN Avenue in Manila on Jan. 5, 2020 on suspicion that they were transporting bomb materials.

Santiago said the police conducted a “fishing expedition” against the suspects from surveillance up to arrest, because of “lack of probable cause” that they were the subjects of the operation against members of a terror group.

The two were actually on their way home from Binondo where Habin bought a Chinese calendar when they were waylaid by the police operatives.

On Tuesday, Sept. 27, the Supreme Court called out a certain Lorraine Badoy for her statements containing threats against Malagar, reminding others who continue to incite violence through social media? which endanger the lives of judges and their families that they could be cited in contempt of court.

In her deleted Facebook post, Badoy said “please be lenient with me” if she kills the judge for being an ally of the communists.

She took a hit at the judge by citing a portion in her ruling that acts committed by rebels should be treated with “leniency.”

Malagar in her decision expounded on the “dangers of red-tagging” defined as the “malicious blacklisting of individuals” who do not espouse communist ideals but were accused of being communists just because of being critical of government.

IBP hits Badoy

In a statement on Monday, Sept. 26, the Integrated Bar of the Philippines (IBP) criticized Badoy, saying she cannot be shielded by the constitutional guarantee of free speech as the “contemptuous” nature of her red-baiting is apparent.

While her statements operate on a hypothetical level with the use of the term what if, IBP president Burt Estrada said they could be considered as contemptuous as it threatens Malagar.

Meanwhile, the Philippine National Police (PNP) has vowed to protect judges against threats, intimidation and other crimes.

PNP public information officer Brig. Gen. Roderick Augustus Alba said yesterday they acknowledge the judiciary as an independent and distinct branch of the government which protects fundamental rights, settling disputes and administering justice, among others.

“We, therefore, assure the Supreme Court and the public that the PNP will always be on the side of the law and ensure the safety and security of the honorable members of the court to enable them to promulgate decisions without fear of reprisal or retribution,” Alba said in a statement. – With Neil Jayson Servallos, Emmanuel Tupas