“Mas mahirap pa rin kapag may baril na nakatutok sa’yo.”
Whenever me and my friends lament the difficulty of our respective academic programs, I often find myself lucky that I don’t have to face mathematics on a daily basis—to which they respond that they at least don’t have to watch their backs all the time for reporting the truth.
It’s a joke, but deep down, we all know this is the harsh reality for journalists and activists in the Philippines. That’s why when the Supreme Court (SC) decided to overturn the Regional Trial Court’s (RTC) ruling on the petition of former Bayan Muna representative Siegfried Deduro, it was as if a huge burden on my back magically disappeared.
Deduro’s experience is like a ghost story that constantly haunts journalists and activists alike, except that it's true—not a figment of imagination.
A Witch Hunt of Injustice
In his petition, the former Bayan Muna representative narrated how the Philippine Army 3rd Infantry Division presented his name as a member of the revolutionary group Communist Party of the Philippines-New People’s Army (CPP-NPA) in a meeting with the Iloilo Provincial Peace and Order Council in 2020.
Posters with his image were put up across Iloilo City, identifying him as a criminal and terrorist, with a caption that stated, “MGA KAMPON SANG CPP-NPA-NDF SA SYUDAD! NAGAPANG-INTO KAG NAGA-BUTUG SA PUMULUYO! RALLY DIRI, RALLY DIDTO! WALA MAY NAUBRAHAN PARA SA BANWA!”
(“DISCIPLES OF THE CPP-NPA-NDF IN THE CITY! FOOLING AND DECEIVING THE PEOPLE! HOLDING RALLIES HERE AND THERE! THEY HAVE DONE NOTHING FOR THE COUNTRY!”)
Among the list of names are Bayan Muna Iloilo City Coordinator Jory Porquia, Bacolod City activist Zara Alvarez, and National Union of Peoples’ Lawyers (NUPL) member Benjamin Ramos, who were all killed tragically by unidentified assailants.
When Deduro found out he was being stalked by unidentified men during his stay in Iloilo, he knew better than to wait for his turn and fought for his life in court by filing for a Writ of Amparo, which protects civilians from unlawful acts of violence and threats from public officials.
However, justice was stalled when the RTC decided his evidence wasn't enough to warrant red-tagging as a threat.
Three years later, in a decision penned by Associate Justice Rodil V. Zalameda, the SC finally granted the Writ of Amparo in favor of Deduro.
“As being associated with communists or terrorists makes the red-tagged person a target of vigilantes, paramilitary groups, or even State agents, it is easy to understand why a person may fear that being red-tagged puts their life and security at risk.
In Deduro’s case, the supposed meeting where he and other activists were identified, when viewed together with the killings of some of these identified persons, may, if true, justify the issuance of the writ of amparo,” the decision noted.
This crucial ruling marks a victory years in the making—a long span of filing petitions, challenging the law and fearing for their lives. A tiny spark in a huddle of cogon leaves.
During our Media Laws subject this semester, my professor from Rappler—one of many media organizations red-tagged for being critical of ex-President Rodrigo Duterte’s administration—discussed how red-tagging is not legally recognized in the Philippines.
This legal limbo provided a chance for government officials to silence their critics by tagging them as communists or terrorists, which gives license to the armed forces and vigilantes to kill.
Chilling Effect
The National Union of Journalists of the Philippines (NUJP) revealed that 60% of all red-tagging cases since 2016 are state-sponsored.
This report also shows that the surge in state-led red-tagging began when Duterte took office, which further increased with the establishment of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) via Executive Order No. 70 in 2018.
We already have the Human Security Act of 2007, which provides a set of predicate crimes that may constitute terrorism and due process for designating a terrorist. However, all of these were sidelined in the creation of NTF-ELCAC, as an Anti-Terror Council was made to identify a terrorist without due process.
In 2019, then-Senator Panfilo Lacson, who sponsored the Anti-Terrorism Act, claimed that due process—which aims to prevent convicting innocent persons—is a restriction for state forces to do their jobs.
In addition, the Philippines has long discarded the Anti-Subversion Law, which criminalizes communism, in 1992. After all, no one should be arrested for a school of thought.
However, in a state where indifference is the norm, voicing differences is a sin. With only a council deciding who to designate as a terrorist, the law becomes vague, leading to abuse of power; anyone can be a communist.
Meanwhile, NTF-ELCAC holds to its belief that red-tagging does not exist and is merely a figment of imagination used by the fronts of the CPP-NPA. For them, what they’re doing is merely “truth-tagging,” despite the absence of so-called “truth” in their allegations.
While the danger of terrorism is true, what actually endangers civilians are the state forces that abuse the lack of due process to prosecute critics. How can journalists and activists defend themselves against an ‘imaginary’ issue?
Our professor confessed that it’s not easy—not that we thought otherwise—but the reality is harsher than what we expected. In one moment, you’re just writing articles, and in another instance, you find yourself in danger.
It’s even scarier when you realize that this could happen to anyone—even students.
The Polytechnic University of the Philippines, as well as many other universities, has an active roster of student activists and journalists who spend their time dwelling deep into communities.
As a journalist, I participate in rallies to document the plight of the masses and in turn, the stories of activists. However, press freedom—by means of our press IDs—is never enough. Despite the existence of the College Editors Guild of the Philippines (CEGP) uniting campus journalists to prevent issues from propping up during coverages, reports of harassment, profiling, and stalking from state actors persist.
Just recently, ACT Teachers Partylist Representative France Castro rebuked the Philippine Army’s 80th Infantry Battalion and Department of Education (DepEd) Rizal for distributing pamphlets to students, telling them how they could spot “terrorists.”
This pamphlet names student activists who allegedly frequent rallies and teach youth to be angry at the government and journalists who are just there to provide coverage on societal issues as terrorists. Is protesting, which is supposed to be a democratic right, a crime?
Long Fight
The landmark ruling creates a legal distinction between activism and terrorism, a slap to the lies of the Philippine Army (PA) and NTF-ELCAC, who still hold themselves in a position to label activists and journalists as threats.
“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,” PA spokesperson Colonel Louie Dema-ala said regarding the SC ruling.
But neither the NTF-ELCAC nor PA can no longer deny the existence of red-tagging, for it is now legally recognized by the highest court in the country.
For journalists, this is a fighting chance to serve justice long overdue.
This is for Frenchie Mae Cumpio, who was arrested for illegally possessing firearms and explosives without a chance to prove her innocence in a fair trial. This is for lawyer Angelo Karlo “AK” Guillen, who was killed two years after posters of supposed communists were plastered across Iloilo in 2018, and for Percival “Percy Lapid” Mabasa, who was murdered for unraveling corruption under the Duterte and Marcos administrations.
This is for Rappler, Bulatlat, Altermidya, and every other alternative media outlet that was shut down, banned, and threatened by state forces. This is for every student publication that goes beyond their universities to reach communities yet is labeled as terrorists.
In spite of the recent celebration of World Press Freedom Day, there’s still a long way before journalists can grasp a new lease on life and liberty. Although the court decision has provided a chance for victims to file lawsuits against their accusers, the lack of legislation is still a threat to press freedom and human rights. The next step is for lawmakers to pass a law that punishes red-taggers and repeal the Anti-Terror Law.
This victory only lit a fire in a long trail of crimes. When I shared this with my friends, they asked me, “What happens next?”
I knew that the fight had just begun. The fear is not yet lifted.
Article: Marc Nathaniel Servo
Graphics: Kent Bicol
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