Conversation

Lian Buan
@lianbuan
Why not cyber libel? Because these groups also have issues with the constitutionality of cyber libel.
@nuplphilippines
Edre Olalia: "We are still iffy of the unintended implication that it might be misconstrued as conceding the constitutional challenges we raised then."
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Lian Buan
@lianbuan
The other remedy is the protective Writ of Amparo, but activists have been losing their petitions under Duterte. NUPL chairman
@ColmenaresPH
says the Supreme Court should not treat an Amparo petition like a criminal case where there must be proof beyond reasonable doubt.
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Lian Buan
@lianbuan
Colmenares suggests that upon a petition for amparo, the Supreme Court can immediately issue a writ gagging the official or ordering him/her to cease and desist. It's what a court in Cordillera did to its local police even without granting an injunction.
rappler.com
Baguio court orders Cordillera police to stop red-tagging youth activists
The Regional Trial Court of Baguio City Branch 3 orders the temporary ban on red-tagging while it hears the writ of amparo petition of the youth activists
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Lian Buan
@lianbuan
In cases where the red-tagged person is not 100% sure who is behind posters and other labelings, Colmenares said that as deterrent, the SC can "issue a general writ saying this person is protected and any attacks on this person, we'll go after you and search for you."
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Lian Buan
@lianbuan
Guevarra said the AO 35 mechanism, or the task force probing political killings, can look at the pattern of red-tagging in a big-picture analysis. This task force has not showed any concrete result yet.
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Lian Buan
@lianbuan
Olalia says they support the current bill of Senator Franklin Drilon to criminalize red-tagging. "The Drilon bill is worded now, we support it especially its concept, framework and objective," said Olalia.
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Lian Buan
@lianbuan
Continuing this thread: NTF-ELCAC was created by EO 70 signed by Duterte in 2018. Could the constitutionality of EO 70 be challenged? NUPL-NCR says EO 70 violated separation of powers because Duterte created a public office, when such is a "purely legislative function."
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Lian Buan
@lianbuan
From NUPL-NCR's Alnie Foja and Minerva Lopez: "EO 70 is impermissibly vague and lacks the sufficient minimal standards which allows the NTF ELCAC to exercise unlimited power and discretion. It does not target communists in armed conflict but the broad opposition movement."
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