NINE Nine lawmakers led by the Makabayan bloc yesterday filed a bill criminalizing red-tagging, saying the practice “has become a very dangerous action or conduct by public officials and their agents.”
“It brings about a chilling effect and poses a great danger to the people’s constitutional right to freedom of expression and the right to political belief without fear of prosecution,” the lawmakers said in House Bill No. 9437.
The Makabayan bloc is composed of party-list Reps. Carlos Zarate, Eufemia Cullamat, and Ferdinand Gaite of Bayan Muna; Arlene Brosas, Gabriela Women’s Party; France Castro, Act Teachers; and Sarah Jane Elago of Kabataan.
Three other lawmakers co-authored the measure — Edcel Lagman of Albay, the leader of the House opposition bloc; Jose Christopher Belmonte, Quezon City; and Pablo Ortega, La Union.
The bill defines red-tagging as “the act of publicly labeling, vilifying, branding, naming, accusing or caricaturing individuals, groups, or organizations of being state enemies, subversives, armed rebels, communists or terrorists, or fronts thereof, thereby implying or insinuating involvement or engagement in armed rebellion, acts of terrorism or any wrongdoing or criminal acts.”
It said red-tagging is committed through “statements, social media posts, announcements, declarations, signage, streamers, placards, public fora and other similar venues or media where individuals, entities, groups and/or organizations are publicly labeled, vilified, branded, named, accused or caricatured as described in Section 2 of this Act.”
The Makabayan bloc earlier accused the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) of red-tagging after training its sights on Ana Patricia Non, whose idea to set up a community pantry at the UP Village in Quezon City started a movement that was replicated across the country as people continue to battle the economic hardships brought about by the COVID-19 pandemic.
Section 4 of the bill provides that any public official, employee, or their agents who red-tags any individual shall be punished by imprisonment of six months and one day to six years.
If a person was injured because of red-tagging by an accountable public official, employee, or his or her agents, they shall be punished by a degree higher than those in accordance with Article 262 to Article 265 (Physical Injuries) of the Revised Penal Code and a fine not exceeding P6,000 plus damages.
If a red-tagging victim is killed, the culprits shall be punished in accordance with Article. 248 (murder) of the Revised Penal Code while those responsible for a person’s disappearance shall be punished under R.A. 10353 or An Act Defining And Penalizing Enforced Or Involuntary Disappearance.
