The Supreme Court has granted a petition for a writ of amparo for Siegfred Deduro, a former lawmaker from the Bayan Muna Partylist, after authorities linked him to the communist insurgency.
In a 39-page decision dated July 4, 2023, the high court ruled that associating individuals with red-tagging and guilt by association endangers their fundamental rights to life, liberty, or security. This decision overturned the ruling of the Iloilo Regional Trial Court, which had dismissed Deduro’s amparo petition.
The case arose after military officers, led by Maj. Gen. Eric C. Vinoya in 2020, claimed that Deduro and others were members of the Communist Party of the Philippines and its armed wing, the New People’s Army. This accusation was reported by Bombo Radyo Iloilo and the state-run Philippine News Agency, and posters labeling Deduro and other activists as members of the CPP-NPA were displayed in various locations in Iloilo.
Concerns for Deduro’s safety escalated when unidentified individuals were observed following him. As a result, Deduro filed an amparo petition with the Iloilo RTC naming Vinoya and other military officers as respondents. The RTC initially dismissed the petition, but Deduro appealed to the Supreme Court.
In its ruling, the high court emphasized that red-tagging can lead to abduction or extrajudicial killing and ordered the RTC to conduct a summary hearing on Deduro’s petition. The court also recognized red-tagging as a form of harassment and intimidation, noting its prevalence in both traditional media and online platforms.
Senior Associate Justice Marvic Leonen, in a separate concurring opinion, affirmed the justification for granting a writ of amparo in cases involving red-tagging. He highlighted the dangers of vilification and guilt by association brought about by red-tagging.
The decision, penned by Associate Justice Rodil Zalameda, was promulgated in July 2023 and made available on the Supreme Court’s website on Tuesday.
