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MANILA, Philippines – The Supreme Court (SC) has moved to punish former National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) spokesperson Lorraine Badoy for threatening a Manila judge.
In an August 15, 2023 decision that was only published this week, the High Court found Badoy guilty of indirect contempt for her “vitriolic and outright threats” against Judge Marlo Magdoza-Malagar. She was also ordered to pay a P30,000 fine and “WARNED that a repetition of the same or similar acts in the future shall merit a more severe sanction.”
Under Philippine laws, indirect contempt is committed out of the court’s presence. Badoy was found guilty for her action that falls under Section 3(d), Rule 71 of the Rules of Court that categorizes indirect contempt as “any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice.”
In September 2022, Malagar, who presides over Manila Regional Trial Court Branch 19, dismissed the years-old petition of the Philippine government seeking to declare the Communist Party of the Philippines-New People’s Army as terrorists. In her decision, Malagar noted the difference between terrorism and rebellion, and that the atrocities in question did not fall under the elements of terrorism as defined by law.
Shortly after the decision was released, Badoy red-tagged the judge and called Malagar a “friend and defender” of the communist rebels.
The SC came to Malagar’s rescue and issued a statement, warning that inciting violence against judges may be punishable through contempt. It said that its en banc tackled motu proprio (acted on its own) possible actions against Badoy for issuing threats against Malagar. Judges and law schools also broke their silence and rallied behind Malagar.
In October 2022, the High Court issued a show cause against Badoy and ordered her to explain her threats.
Badoy’s red-tagging spree started during her stint at the NTF-ELCAC. Several legal actions were filed seeking to make her accountable for her attacks.
The Office of the Ombudsman, in September last year, reprimanded Badoy and her former fellow NTF-ELCAC official Antonio Parlade Jr. for red-tagging lawyers from the National Union of Peoples’ Lawyers. The two were found guilty in an administrative case and also received a stern warning. – Rappler.com
1 comment
How does this make you feel?
![[OPINION] Badoy’s red-tagging and freedom of expression](https://www.rappler.com/tachyon/2024/04/20240426-Badoy-red-tagging-freedom-expression.jpg?resize=257%2C257&crop_strategy=attention)
I greatly appreciate the Supreme Court’s decision, which finds Badoy guilty of indirect contempt for her ‘vitriolic and outright threats’ against Judge Marlo Magdoza-Malagar. Badoy’s red-tagging of the judge and calling her a “friend and defender” of the communist rebels has been punished through such a decision. Thanks to the Supreme Court.