NextGen Day

The Communist Party of the Philippines-New People’s Army (CPP-NPA) was given a victory in the proscription case that sought to outlaw the organization. The Supreme Court (SC) en banc on Tuesday ordered former Communications Undersecretary Lorraine Marie Badoy to defend herself against charges that she endangered the life and safety of the Manila judge who had given the group’s support.

The SC decided to give Badoy “a non-extendible period of 30 calendar days from the time this resolution is served on her, to show cause why she should not be charged in contempt of the judiciary and thus of this court.”

Up to six months in prison and fines are possible penalties for indirect contempt.

In her social media posts, including one from September 24 about the CPP-NPA prescription case, Badoy claimed that the judgment by Manila judge Marlo Malagar was written by “active operators” of the organization.

Malagar concluded that none of the nine incidents linked to the organization “caused widespread and extraordinary fear and panic” among the general public and that the insurgency group’s Ten Point Program “readily shows that the CPP-NPA is organized or exist, not to engage in terrorism.” She described the encounters as “pocket and infrequent occurrences.”

Badoy said she wasn’t threatening the judge but was only using her constitutional right to free speech by asking what was upsetting the Filipino populace.

“A threat is a declaration of intent to cause harm or discomfort. On the other hand, an “If-then” statement is only a hypothetical syllogism that I had to utilize to support my argument, according to a Facebook post she made last week.

So, I hope I’ve been clear. The terrorist CPP-NPA-NDF (National Democratic Front), not I, has a history of killing people, carrying out massacres, torturing people, raping people, and acting inhumanely, she said.

The regional trial court’s Sept. 21, 2002 resolution was criticized, and the court ordered Badoy to address this “whether or not she posted or caused the posting of the statements attacking the resolution rendered by the regional trial court in any of her social media accounts,” acting motu proprio (on its own).

She was also asked to comment on whether or not her social media post encouraged more violent language against the judge in question on any or all of her accounts, “whether or not her post was a clear incitement to produce violent actions against a judge and is likely to produce such act,” and “whether or not her statements on her social media accounts, implying violence on a judge, were appropriate in the context of social media and light of the experience of similar incendiary comments here or abroad.”

Badoy served as the spokesperson for the National Task Force to End Local Communist Armed Conflict, established in 2018 by Executive Order No. 70 of the Duterte administration and entrusted with implementing peace-building efforts and using a whole-of-nation strategy to end communism.

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