FACULTY members of the University of the Philippines College of Law and Far Eastern University Institute of Law have added their voice to the growing condemnation of vilification and red-tagging of a Manila judge who recently junked government’s bid to declare the Communist Party of the Philippines and its armed wing, the New People’s Army, as terrorist organizations.
In a statement, members of the UP College of Law faculty specified the threats made by Lorraine Badoy, former spokesperson of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), against Judge Marlo Magdoza-Malagar of the Manila Regional Trial Court Branch 19, and her husband, UP Cebu Chancellor Leo Malagar.
The judge and her husband were members of the UP law faculty as lecturers.
“Ms. Badoy’s statements should not be allowed to remain unaddressed. The threat to kill another is a felony punished under our criminal laws. Red-tagging violates the basic principles on the role of lawyers. Both undermine the rule of law and represents the continuing impunity which is key to the modus operandi of Ms. Badoy and her ilk,” the UP College of Law said in a statement addressed to Chief Justice Alexander Gesmundo and the other SC justices.
They said they are writing not only on behalf of the Malagars but also all lawyers, prosecutors and judges “who may fall prey to Ms. Badoy and her cohorts.”
“We further ask the Court to consider issuing the appropriate rules to ensure that lawyers, prosecutors and judges who may find themselves similarly attacked may have a meaningful remedy under the law. The issuance of such rules would be the best way to end what the Court today started,” they said.
The Supreme Court on Tuesday issued a stern warning against those who threaten judges and their families, saying they will face contempt charges, discussed possible actions against Badoy.
The FEU Institute of Law also expressed their support for Magdoza-Malagar and said the attacks against her are “disturbing.” They added that acts inciting to violence “in whatever medium” should be denounced.
“It is thus disturbing for anyone to brazenly vilify and red-tag Manila RTC Judge Marlo Magdoza-Malagar after she judiciously resolved a case involving a repealed law and its successor,” it said in a statement referring to the 2007 Human Security Act and its successor, the Anti-Terrorism Act of 2020.
“We, the faculty members of the FEU Institute of Law, are one with the Supreme Court. We stand for the rule of law, and condemn the unfounded and vicious personal attacks against Judge Marlo Magdoza-Malagar. As our colleague in the Institute of Law, we are aware of the unblemished and sterling record of Judge Marlo Magdoza-Malagar,” the statement added.
To recall, the Philippine Judges Association, Integrated Bar of the Philippines and Hukom Inc. have all condemned the red-tagging, verbal attacks and threats against Magdoza-Malagar.
They also urged the government to act on the threats and vilification not only against Magdoza-Malagar but other lawyers, prosecutors and judges.
Magdoza-Malagar, in a decision dated September 21, said the communist movement was not organized for the purpose of engaging or committing terrorism. She also cautioned those who have the propensity to red-tag individuals or groups, saying it puts the lives of activists in danger.
Badoy’s statements against the judge were posted on her Facebook post on September 23 and removed the following day.
In the post, Badoy accused Magdoza-Malagar of “lawyering” for the CPP-NPA.
“So if I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF must be killed because there is no difference in my mind between a member of the CPP NPA NDF and their friends, then please be lenient with me,” said Badoy in the post which was deleted the following day.
Badoy has denied making a hypothetical statement on killing Magdoza-Malagar.
