Thread by @ChelDiokno

Kung si Liza, Angel, at Catriona e ganoon na lang pagbantaan ng mga nasa pwesto, paano pa yung mga ordinaryong Pilipino?

If this also happens to you or anyone you know, here are some of the legal remedies available: [THREAD]

Victims of red tagging can use the law to go after those responsible for vilifying them. They can sue for injunction, damages, libel, amparo, or habeas data.

They can file complaints with the Ombudsman, the Armed Forces of the Philippines, and the Philippine National Police. And they can report the red tagging to the Commission on Human Rights and the United Nations.

Here’s a rundown of available legal remedies:

1. Injunction. Victims of red tagging can file a petition for injunction and temporary restraining order.

In 1953, the Supreme Court issued an injunction to restrain the arrest of Claro M. Recto, Jose P. Laurel, Lorenzo M. Tanada and Arsenio H. Lacson, who had been red tagged by Oscar Castelo, the Defense and Justice Secretary under then President Elpidio Quirino.

2. Damages. Victims of red tagging can also file a civil suit for damages against the person responsible, under Article 32 of the Civil Code, which provides that any public official or private person who directly or indirectly obstructs, violates,

or impairs a person’s right to liberty and security of person, right to be a member of organizations for purposes not contrary to law, or right to participate in peaceable assemblies to petition the Government for redress of grievances, among others, shall be liable for damages.

3. Libel. Victims can also file civil or criminal cases of libel against the person responsible, for damaging their honor and reputation.

4. Administrative complaints. Complaints for misconduct and other administrative offenses can be filed with the following offices:

a. The Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO);

b. The Office of the Chief of Staff and the Office of the Inspector General of the Armed Forces of the Philippines;
c. The Office of the Inspector General and the Internal Affairs Service of the Philippine National Police.

If warranted, the complaints could result in the suspension or removal of the military or law enforcement officer.

5. Court-martial. As Atty. @TedTe recently pointed out, military officials responsible for red tagging may be held liable by court-martials for violating the following Articles of War:

a. Article 91, which prohibits anyone subject to military law from using any reproachful or provoking speeches or gestures to another;

b. Article 94, which provides that anyone subject to military law who commits any crime or breach of law

punishable as a criminal offense shall be punished as a court martial may direct;

c. Article 96, which prohibits conduct unbecoming of an officer and a gentleman and provides that anyone convicted of this offense shall be dismissed from the service; and

d. Article 97, which states that “all disorders and neglects to the prejudice of good order and military discipline,” and all conduct that brings discredit to the military service, “shall be taken cognizance of by a…court-martial…and punished at the discretion of the court.”

6. Writs of habeas data and amparo. Victims of red tagging may also file petitions for writs of habeas data and amparo. While previous amparo petitions for red tagging did not prosper, your case might be the one to pierce the veil of litigation.

Amparo was designed to protect our right to life, liberty and security of person and should be a shield to protect us from red tagging.

Habeas data may also be invoked to protect our right to privacy in life, liberty or security of person which is jeopardized by red tagging.

7. CHR and United Nations. Victims can also report the red tagging to the Commission on Human Rights (CHR) and to the following bodies or officials of the United Nations:

(1) the Human Rights Council;

(2) the Human Rights Committee and other UN Committees; and

(3) the various Special Rapporteurs (on human rights, torture, extrajudicial executions, violence against women, and indigenous peoples, among others).

Pag may isang Pilipino silang pinapatahimik at tinatakot—si Liza, Angel, Catriona, o kahit sino pa—lahat tayo pinapatahimik at tinatakot nila. Wag natin palampasin ito. Panagutin natin ang mga mapang-api at naghahari-hariang opisyal na yan.