THE Supreme Court has found Lorraine Marie Badoy-Partos, former spokesperson of the National Task Force to End Local Communist Armed Conflict, guilty of indirect contempt for red-tagging a judge who has dismissed government’s case seeking to declare the Communist Party of the Philippines and its armed wing, the New People’s Army, as terrorist organizations.
“For her vitriolic statements and outright threats against Judge Magdoza-Malagar and the Judiciary, respondent is found guilty of indirect contempt and is fined P 30,000 with a warning that repeating the same or similar acts will lead to a more severe penalty,” said the SC resolution penned by Senior Associate Justice Marvic Leonen.
Badoy, in a statement she read during a TV interview, apologized to the Supreme Court “for the intemperate language and tenor I took” but denied threatening the judge.
The ruling was promulgated on Aug. 15, 2023 but made public only last Wednesday. It granted the petition filed by Law deans and lawyers including former Philippine Bar Association president Rico Domingo, Ateneo Human Rights Center executive director Ray Paolo Santiago, former Ateneo Law dean Antonio “Tony” La Viña, Soledad Deriquito-Mawis of the College of Law of Lyceum University, Anna Maria Abad of Adamson University College of Law, and Rodel Taton of the Graduate School of Law of San Sebastian College-Recoletos.
The petitioners said Badoy’s online vilification and red-tagging constitutes “endangerment” of a member of the judiciary and an “attack on the rule of law and the independence of the judiciary.”
They added that Badoy’s propensity to belittle and ridicule the judiciary is “downright contemptuous” and showed nothing would stop her mockery and condemnation of the justice system until she is held liable by the SC.
The petition stemmed from Badoy’s Facebook posts which they said were intended to “assault and humiliate” presiding Judge Marlo Magdoza-Malagar of Branch 19, Manila Regional Trial Court.
Malagar issued a resolution on Sept. 21, 2022, dismissing the government’s case to proscribe the CPP-NPA as a terrorist group under the Human Security Act (HSA) which has been replaced by the Anti-Terrorism Act of 2020.
In her Facebook posts, Badoy accused Malagar of “lawyering” for the CPP-NPA when she ruled that rebellion and political crimes are not acts of terrorism. She also presented a hypothetical scenario of killing the judge out of her political belief.
Badoy also accused the judge’s husband, chancellor of University of the Philippines Cebu, of being a CPP-NPA member. She also said she will create an organization that will bomb offices of “corrupt judges who are friends of terrorists.”
The SC then ordered Badoy to explain why she should not be cited in contempt of court for her statements against Malagar.
The High Court also issued a stern warning against those who malign and maliciously attack judges and their families.
Badoy through her counsel, former presidential spokesperson Harry Roque asked the SC to recall the show-cause order, arguing it infringes on her constitutional right to free speech and freedom of expression not only as a former NTF-ELCAC official but also as a journalist.
Roque said Badoy is also a news commentator employed by SMNI News, the TV network of pastor Apollo Quiboloy.
She said her statements Malagar constitutes fair criticism “in her exercise of journalistic comment,” insisting the judge’s decision is wrong.
Badoy also argued her statements were not a threat but a syllogism and she has no track record of violence.
In resolving the petition, the SC stressed the need to balance the exercise of free speech and the protection of judicial independence.
“One’s right to freedom of expression must be as fully protected as possible; however, its exercise must never transgress the equally important aspects of democracy, not least of all the Judiciary’s dignity and authority,” it said, adding that “while the freedoms of expression, speech, and the press include the right to criticize judicial conduct, such exercise must not threaten judicial independence.”
The SC further held that Badoy’s claim that the judge dismissed the DOJ’s proscription case because of her supposed friendly ties with the CPP-NPA-NDF “threatens the impartial image of the judiciary.”
It added that Badoy’s criticisms of the court’s decision was not made in good faith as she was driven by her own motive which was to stir discontent among her followers.
“Without a doubt, respondent’s use of violent and abrasive language in hurling accusations at Judge Magdoza-Malagar belies any claim that she acted in good faith and without malice,” the SC said.
The High Court also junked Badoy’s claim that her comments on the court’s decision were “fair and true reporting of the proceedings.”
“She launched the tirade against the Judiciary without thinking of the consequences that her unverified statements may bring,” the SC said, adding her claims were not based on truth and facts.
“Respondent clearly intended to prejudge the issue, influence the court, and obstruct the administration of justice, the very evil that the sub judice rule seeks to avoid,” the SC said.
REVOKE LICENSE
The Alliance of Health Workers asked the Professional Regulation Commission (PRC) to revoke Badoy’s medical license.
“The Alliance of Health Workers and its members are calling for an immediate action from the PRC into Dr. Badoy’s actions, and for appropriate sanctions to be imposed for violating the ethical standards for medical professionals,” said AHW.
Several complaints were filed in 2022 against Badoy before the PRC by medical doctors and health workers for her alleged violation of the code of conduct and ethical standards of the medical profession through “her incessant red-tagging activities.”
The AHW said, “We demand full accountability and justice for all health workers, health advocates, and human rights defenders, who have been subjected to baseless accusations and red-tagging by former spokesperson of NTF-ELCAC and physician Lorraine Badoy.”
The group said Badoy engaged in red tagging AHW members during the COVID-19 pandemic.
It said Badoy “has been using her position as a medical professional, undersecretary, and spokesperson of a notorious NTF-ELCAC to undermine and discredit AHW, a legitimate organization advocating for health workers’ rights and welfare and people’s right to quality health care.” — With Gerard Naval