SC Warns Badoy Of Contempt For Putting Judge At Risk

Former National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) spokesperson Lorraine Badoy’s perceived red-tagging of a Manila trial court judge has ruffled some feathers in the Supreme Court (SC), whose justices warned anyone who would continue to incite violence against judges and their families of legal consequences.

Following its deliberations on possible actions against Badoy for her statements that threatened Manila Regional Trial Court (MRTC) Judge Marlo Magdoza-Malagar – who junked the government’s plea to declare the Communist Party of the Philippines-New People’s Army (CPP-NPA) as a terrorist organization – the SC said people who would make similar statements would be held in contempt of the high court.

“The Court sternly warns those who continue to incite violence through social media and other means which endanger the lives of judges and their families, that this shall likewise be considered a contempt of this court and will be dealt with accordingly,” the SC en banc said in a statement.

In a since-deleted Facebook post, Badoy – who on numerous occasions red-tagged prominent individuals, activists and organizations for opposing contentious government policies and actions – accused Malagar of lawyering for the CPP-NPA, even going so far as to say she “is obviously a friend” of the organization.

Badoy’s statement has since been assailed by trial court judges, the Office of the Court Administrator and numerous lawyers who rallied behind the judge.

Calls for Badoy to be held accountable have also been mounting.

On Tuesday, Sept. 27, a group of prominent lawyers signed a statement calling on the SC to take action to send a message to Badoy and persons who would malign judges.

So far, the statement has been signed by law deans, prominent litigators, former lawmakers and other legal practitioners – including former chief justice Maria Lourdes Sereno, former congressmen Neri Colmenares, Erin Tañada, Carlos Zarate, Antonio Lavinia, 2019 Bar topnotcher Mae Diane Azores, former poll body commissioner Rowena Guanzon and Antonio La Viña, among over 200 others.

“These baseless allegations against Judge Malagar and members of the Philippine Bar are beyond the bounds of fair and reasonable criticism. We note that Ms. Badoy continues her brazen and outrageous attacks through social media without compunction, including threats to life and to bomb offices, vicious red-tagging and wild accusations,” the lawyers wrote.

“We call on the Supreme Court not to let this pass and to take immediate, concrete and firm action to protect justice actors and the rule of law. The Court must hold accountable those who threaten and malign our judges and lawyers. Ms. Badoy must be held accountable while those who dare to follow her lead must be warned that there are consequences for violating the law,” they added.

Asked whether the high court has already asked Badoy to comment on the SC’s statement, the SC’s public information office said no such order has been made as the justices were still deliberating on the matter.

The MRTC Branch 19 dismissed a government petition to declare the CPP-NPA as terrorist groups, saying they were not organized to engage in terrorism. In a 135-page resolution penned by Malagar, the court said armed struggle is just a means to attain the purpose of CPP, not the purpose of the creation of the party. The ruling stemmed from the proscription case filed by the government against the CPP-NPA in 2018 under Section 17 of the Human Security Act of 2007, which was repealed by the An-ti-Terrorism Act of 2020.

‘Rule of law’

Malacañang will let the law take its course on the case seeking to declare the CPP-NPA as terrorists. “As you know this administration will adhere closely to the rule of law and only to the rule of law. We do not endorse any illegal activities and we have relied on the statement of the secretary of justice saying that this particular case can be refiled or is to be refiled under the Anti-Terrorism Act,” Press Secretary Trixie Cruz-Angeles said at a press briefing on Tuesday.

“We let the law take its course and allow the judiciary to exercise its full mandate. The SOJ (secretary of justice) will be directing any way the filing of a proscription case in the Court of Ap-peals as prescribed by the Anti-Terrorism Act,” she added. “On the part of the administration, there is no need to react about the decision since there is a different regime now, a different legal regime which is the Anti-Terrorism Act.”

Groups condemn Badoy

Meanwhile, more groups have condemned Badoy over her remarks.

The former NTF-ELCAC spokesperson’s statements against Malagar cannot be seen as mere speculations as they were “maliciously designed to manipulate and sway public opinion and impel violence and action,” according to the Movement Against Disinformation (MAD) coalition.

“These, in no uncertain terms, call for violence that endanger the safety and welfare of judges, court personnel and lawyers in general; degrade the public’s trust and confidence in the judicial system and undermine democratic institutions and the rule of law,” it added.

MAD urged legal groups, members of the bench and the SC to defend and uphold the sanctity of the judiciary by calling out Badoy and putting measures to deter and sanction similar acts in the future.

University of the Philippines Visayas Chancellor Clement Camposano also condemned the red-tagging of Malagar’s husband, UP Cebu chancellor Leo Malagar, whom Badoy baselessly accused of being a cadre of the CPP-NPA-National Democratic Front.

“The reckless red-tagging of Chancellor Malagar is atrocious, slanderous and deserving of severe rebuke in a society claiming to subscribe to the rule of law and to be democratic,” Camposano said.

The Chevening Alumni Foundation of the Philippines also expressed support for the Malagar couple, who are both Chevening scholars of the British government, and others who have been attacked in the course of exercising their rights or performing their duties.

“Red-tagging has no place in our democratic society. It goes beyond the scope of freedom of expression as it incites hatred and breeds disrespect of the rule of law,” the foundation said.

In a related development, militant labor group BPO Industry Employees Network (BIEN) yesterday sought an immediate stop to what it described as the demonization of dissent and criticisms against the government.

Instead of threats, BIEN called on the government to embrace the advocacies of cause-oriented groups.

BIEN issued the call as it condemned the “baseless and absurd” accusations made by Badoy against the group.

“We strongly condemn these absurd accusations against BIEN and our leaders. We have been relentless in condoning red-tagging which does not only delegitimize our organization’s decade-long efforts in forwarding BPO workers’ labor rights and welfare, but also puts our leaders and members in a vulnerable position against state-sponsored attacks,” the group said in a statement released on Tuesday.

In a Facebook post, Badoy alleged that BIEN’s former national president Lean Porquia, his family and the organization itself are actively involved with the CPP-NPA.

BIEN insisted that the group’s advocacies are not terroristic and only meant to uphold the welfare of BPO workers.

“Our concern against these red-tagging offensives is justified with the personal experiences of Lean himself,” BIEN said, noting that the father of their former leader, a Bayan Muna coor-dinator, was constantly red-tagged before being gunned down by suspected state agents last April 30, 2020.

BIEN said the group will not tolerate Badoy’s “red-tagging madness.”

“These malignancies will never halt nor slow us down. BIEN will remain steadfast in upholding and defending BPO workers’ rights and welfare, all while holding accountable these vi-cious enablers who only dampen the calls to address the detestable conditions in the BPO industry,” the group noted. – With Alexis Romero, Janvic Mateo, Mayen Jaymalin