The National Security Council firmly stressed that “red-tagging” does not exist in the Philippines.
In a recent press conference earlier this week, NSC Assistant Director-General Jonathan Malaya said the term “red-tagging” is not considered a crime in the Philippines.
He added that it is just being used in the “political and ideological discourses by communist groups” to “vilify” the government and the National Task Force to End Local Communist Armed Conflict, in particular.
“To set the record straight that red-tagging is not a government policy and there is no chance of it becoming law for offenders to be prosecuted,” Malaya said in an interview when asked if United Nations Special Rapporteur Irene Khan raised the issue of red-tagging during her visit to the Philippines.
Malaya emphasized that no laws in the country particularly implement the so-called “red-tagging.”
“The NTF-ELCAC wishes to convey [this] to the United Nations Special Rapporteur who is currently visiting the country that there is no such government policy as red-tagging under the Marcos administration,” he said.
“In fact, the Marcos administration has not issued any law, rule, executive order or policy instrument that implements red-tagging or even uses the word red-tagging,” he added.
Meanwhile, Integrated Communications Office Center and NTF-ELCAC spokesperson Joel Sy Egco said the red-tagging has become a trademark for the Communist Party of the Philippines-New People’s Army -National Democratic Front “in disguise of their defense mechanism” to cover up their hidden political agenda and atrocities.
Malaya said Khan’s visit would provide her and the UN body she represents, an opportunity “to get the facts straight from all sides about the red-tagging issue.”
According to Malaya, Khan’s 10-day itinerary includes meetings with various government officials from the NTF-ELCAC, the Department of Justice, lawmakers, Local Government Units, as well as representatives from activist groups, and even militant personalities allegedly linked to CPP-NPA-NDFP.
Malaya reiterated that defining a red-tagging term has “no factual basis and no legal and binding nor is it considered a crime under Philippine laws.”
He noted that several cases filed against government officials due to red-tagging were all dismissed by the courts “for lack of probable cause.”
“In the case of Zarate vs. Aquino, the Supreme Court of the Philippines dismissed several petitions for writ of amparo and habeas data and ruled that the mere labeling of a group as a communist front organization is not, and I repeat, not an actual threat to one’s right to life, liberty or security,” he further explained.
Malaya said the SC likewise ruled that “the mere filing of legal suits or cases against persons suspected of being a member of a communist front organization is also not an actual threat to one’s right to life, liberty, and security.”
“Sa madaling salita, and ating mga hukuman na at no less than ‘yung ating kataas-taasang hukuman ang nagsabi na ‘yung red-tagging ay hindi krimen…And is therefore part of the democratic process,” he added.
Malaya said the government is confident that UN Rapporteur Khan “would be able to check and verify for herself” what’s the real situation on the ground and how vibrant the democratic processes of freedom of expression and opinion in the Philippines.
“The CTGs have been pushing to make this red-tagging a crime in order for them to continue to repress any dissent or opposition to their plot to violently overthrow our democratic way of life and change the democratic system with the communist system through a national democratic revolution or armed struggle,” he ended.