Anti-red-tagging Act

senate •I lUC S: L681d48 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -6 P4:33 First Regular Session SENATE RECEIVED SY: S. No. 1071 Introduced by Senator Jinggoy Ejercito Estrada AN ACT DEFINING AND PENALIZING THE CRIME OF RED-TAGGING EXPLANATORY NOTE The Supreme Court in Deduro v. Maj. Gen. Vinoya declared that "red-tagging, vilification, labeling and guilt by association constitute threats to a person's right to life, liberty, or security." It is a clear recognition from the Judiciary of the adverse impact of heightened risk of danger or death to anyone being publicly named as a Communist or its sympathizer. Victims of red-tagging have been subjected to frequent surveillance and harassment, or threatened with rape or sexual assault. The ruling also noted that numerous accounts of red-tagging "depict it as a likely precursor to abduction or extrajudicial killings," and that red-tagged individuals become "target of vigilantes, paramilitary groups, or even State agents?." In recent years, there had been dozens of documented incidents of red-tagging, with many cases ending in violent deaths. Jose Reynaldo Porquia, who served as Bayan Muna Coordinator for Iloilo City, and Zara Alvarez, para-legal and education officer for KARAPATAN, were both red-tagged, as their photos appeared on pamphlets and posters accusing them to be part of the underground Communist movement. 1 G.R. No. 254753 2 Ibid.

Porquia was killed by two gunmen in Iloilo City, while Alvarez was fatally shot in Bacolod City. Atty. Benjamin Ramos, Secretary General of National Union of People's Lawyers-Negros, and human rights advocate Councilor Bernardino Patigas were brazenly murdered in separate incidents, shortly after their photos were featured in tarpaulins showing alleged communist personalities. This measure seeks to define and penalize red-tagging which has long threatened the lives of human rights defenders and activists, generated a chilling effect on legitimate dissenters and community leaders, including journalists, and created a climate of fear in the country. Building on the pronouncements of the Supreme Court, this bill aims to clarify under our legal framework the offense of red- tagging in view of protecting the fundamental rights of every citizen against any form of unwarranted harassment, intimidation or persecution. The consideration and approval of this bill is hereby endorsed. JINGGOY EJERCITO ESTRADA

of the for monry TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AU6-6 P4:33 SENATE RECEIVED SY S. No. 1071 Introduced by Senator Jinggoy Ejercito Estrada AN ACT DEFINING AND PENALIZING THE CRIME OF RED-TAGGING Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "Anti-Red-Tagging Act".

Sec. 2. Red-tagging. - Any state actor, such as a law enforcement agent,

paramilitary, or military personnel, who labels, vilifies, brands, names, accuses, harasses, persecutes, stereotypes, or caricatures individuals, groups, or organizations 5 as state enemies, left-leaning, subversives, communists, or terrorists as a part of 6 counter-insurgency or anti-terrorism program or strategy shall suffer the penalty of imprisonment of ten (10) years and perpetual absolute disqualification to hold public 8 office.

Sec. 3. Forms of Red-Tagging. - Red-tagging is committed through issuance of

public statements, social media posts, announcements, declarations, signages, streamers, placards, public fora and other similar venues or media where individuals, entities, groups and/or organizations are publicly labeled, vilified, branded, named, accused, harassed, persecuted, stereotyped, or caricatured as described in Section 2.

Sec. 4. Separability Clause. - If for any reason, any provision of this Act is

declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.

Sec. 5. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 6. Effectivity, - This Act shall take effect fifteen (15) days after its

5 publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,