SC grants writ of amparo to 'red-tagged' ex-Bayan Muna lawmaker

The Supreme Court (SC) has ruled that red-tagging and guilt by association threaten a person’s right to life, liberty, or security as it granted a writ of amparo in favor of former Bayan Muna lawmaker Siegfred Deduro.

In a 39-page decision, the SC En Banc reversed and set aside the ruling of the Iloilo Regional Trial Court that dismissed Deduro’s petition for a writ of amparo, which is a remedy available when there is a threat against life.

“A writ of amparo is issued in favor of petitioner Siegfred Deduro returnable to the RTC. Said writ shall be issued against respondent Major General Eric Vinoya, in his capacity as commanding officer of the 3rd Infantry Division, Philippine Army, or his replacement,” it said.

The Court also required the RTC  to conduct a summary hearing and decide on the petition.

“We deem it proper to reverse the order of dismissal and require the RTC to conduct a summary hearing. This ensures that petitioner’s cause of action and respondent’s defense are fully ventilated because this Court is not a trier of facts,” SC said.

It stressed that it was not making a ruling on the merits of the case when it granted the writ of amparo.

“Utlimately, the RTC must still determine the relevance and consistency of the evidence presented by both parties, while bearing in mind the surrounding circumstances and the protection that the writ is meant to provide,” it said. 

Army welcomes decision

For its part, the Philippine Army (PA) welcomed the decision, saying it showed the country's justice system is working.

"This decision is a prerogative of our high court and we in the Philippine Army submit to the rule of law," PA spokesperson Colonel Louie Dema-ala said.

He also said that the PA does not engage in red-tagging.

"We only uphold the truth by engaging in truth-tagging. It is also worth pointing out that red-tagging is a tool employed by CPP-NPA-NDF front organizations to label those who expose their acts," he said.

In his petition, Deduro said that military officers under Vinoya’s command red-tagged and accused him of being a ranking member of the Communist Party of the Philippines-New People’s Army (CPP-NPA).

He said he saw posters with his image alongside other activists where they were labeled as criminals, terrorists, and members of the CPP-NPA-National Democratic Front (NDF). 

Deduro said there was also an instance where he was followed by unidentified men.

'Precursor to abduction, extrajudicial killing'

In ruling in Decuro's favor, the high court said that such 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 court said.

The high court said it is easy to comprehend how individuals may fear for their lives and security. 

“[T]his court declares that red-tagging, vilification, labeling, and guilt by association constitute threats to a person’s right to life, liberty, or security… which may justify the issuance of a writ of amparo,” it said.

It stressed that it does not view the lives of civilians as less precious than lawyers or  judges.

“We considered a tarpaulin connecting a judge to the CPP as a threat. With equal fervor, we hold that a similar tarpaulin harping on the alleged ties between civilians and the CPP is also a threat,” it said.

The decision was promulgated in July 2023 but was only made available on the Supreme Court’s website on Tuesday, May 7.—AOL/RSJ, GMA Integrated News