Even after the military apologized for erroneously naming certain graduates of the University of the Philippines (UP) as New People’s Army (NPA) recruits, a group of alumni included in the list were still considering filing cyber libel complaints and other legal remedies.

On top of the apology of the Armed Forces of the Philippines (AFP), Defense Secretary Delfin Lorenzana ordered the firing of Major General Alex Luna as the AFP’s Deputy Chief of Staff for Intelligence, on Thursday, January 28.

The general who headed the office which posted the factitious list on social media also went on “leave of absence”

In a Rappler Talk interview on January 29, Free Legal Assistance Group (FLAG) lawyer Raffy Aquino said that apart from a cyber libel complaint, the group might apply for the writs of amparo or habeas data, go for administrative cases, or bring the case to the court martial.

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The writ of amparo asks for a protection order, which is a form of a restraining order. The writ of habeas data asks the court to compel the government to destroy damaging information about those who applied for the writ.

“In all of these remedies, one constant will be our invocation not only of human rights, but also international humanitarian law. It’s very important to us because the function of international humanitarian law is really to protect civilians who are not combatants in the situation of armed conflict,” said Aquino.

Cyber libel was only one among other legal options the group was considering because of the “chilling effect” of cyber libel on free expression. They do not want to file a cyber libel lawsuit “just like that (hindi basta basta).”

“If we do file cases, it is not really out of vengeance, but also to help our military establishment reform its administration of its personnel so that such standards or such virtues as professionalism and accountability permeate through the ranks,” Aquino added.

For intelligence reform, too

Former Philippine Health Insurance Corporation (PhilHealth) chief Alexander Padilla said that the group’s demand for accountability would also be for the sake of giving the Armed Forces of the Philippines (AFP) a chance to reform their intelligence operations, given the release of the false list.

Padilla commended Lorenzana’s relieving of Luna, but he said the response of the military should not end there.

“It’s a good beginning in the sense that they really have to investigate further, go down to the roots, find out the accountability of others that may be responsible for this, and to really sincerely come up with rules and regulations to ensure no more red-tagging, no more of civilians, and [no more publishing] names. They should be sensitive, because people’s lives are put in danger,” said Padilla.

Playwright and Palanca awardee Liza Magtoto, who was also included in the bogus list, flagged the apparent lack of due process in the release of the names.

“What do they think about due process? Do you shoot before you question, do you list before you double check? Do you abrogate before you dialogue?” she said.

Rights groups warned the government would observe a trigger-happy implementation of the controversial Anti-Terrorism Law of 2020. The government, though, promised thorough validation processes.

Aquino is a part of the FLAG lawyers who will question the validity of the anti-terror law before the Supreme Court. Oral arguments will begin on Tuesday, February 2. – with a report from Lian Buan/Rappler.com