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The Ombudsman found ex-spokespersons Lorraine Badoy and Antonio Parlade Jr. of the National Task Force to End Local Communist Armed Conflict, or NTF-ELCAC, guilty of conduct prejudicial to the best interest of the service for red-tagging a lawyers' group as communist rebels.
In a ruling signed by Ombudsman Samuel Martires on 9 August but released only to the media on Thursday, the court reprimanded Badoy and Parlade for "unduly" tarnishing the image of the NTF-ELCAC over their statements against the National Union of People's Lawyers.
"It perpetuates the notion that it is being used as a governmental tool to silence dissent or opposition instead of legitimately pursuing its ultimate: goal of lasting peace and ending the armed conflict with the communist rebels," the Ombudsman said.
The Ombudsman's decision was in response to a complaint filed by NUPL three years ago against Badoy, Parlade and former National Security Adviser Hermogenes Esperon Jr. for linking the organization to a communist armed movement.
"These matters (NUPL) are not communist propaganda as dissent and upholding of individual rights are vital in a vibrant democracy. As such, the importance of raising awareness or highlighting these issues to the public cannot gainsaid," the decision read.
The Ombudsman warned Badoy and Parlade that "a repetition of a similar offense would be dealt with more severely."
The Ombudsman, however, found Esperon not guilty of the administrative complaint.
"Nevertheless, his defense appears to be tempered especially since he had stated that while he agreed that the CPP-NPA (Communist Party of the Philippines-New Peoples' Army) had underground operation with legal fronts, he was not concluding that the NUPL is part of the CPP but that some of its members are allegedly part of these organizations working for the CPP," the Ombudsman said.
Esperon served as the NTF-ELCAC's vice chair, while Badoy and Parlade were among its spokespersons. The NTF-ELCAC was created in December 2018 by virtue of then-president Rodrigo Duterte's Executive Order 70.
Last week, during the deliberations of the Ombudsman's proposed P5.05 billion budget for 2024, Martires told lawmakers that there is no law against red-tagging, paving the way for the dismissal of another complaint filed against Badoy and Parlade.
Badoy and Parlade face several other complaints before the Ombudsman in relation to red-tagging.