Candidates of the Makabayan bloc filed a case against National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) Undersecretary Lorraine Marie Badoy, as well as its other officials in relation to the statements made by the agency pointed out their supposed ties to the Communist Party of the Philippines – New People’s Army (CPP-NPA).
In the complaint, they mentioned that these were in violation of Section 261 (e), 261 (i), and 261 (o) of the Omnibus Election Code. Section 261 of the Omnibus Election code lists the prohibited acts which shall be guilty of an election offense.
The complainants include Makabayan Deputy Secretary General Roberto De Castro, Makabayan and Bayan Muna President Saturnino Ocampo, incumbent Rep. Sara Jane Elago, Bayan Muna Vice Chairman and First NomineeTeodoro Casiño, and incumbent Rep. Arlene Brosasa.
In the 17-page document filed before the Commission on Elections (Comelec), the complainants said that the respondents have "deliberately, willfully, and willingly issued the subject statements through its official Facebook page and official website, such act constituting as election offenses." The complainants enumerated various statements from Badoy through the NTF-ELCAC implicating them which they said were fake news in nature. They added that these were also issued not only to campaign against them as candidates, but to intimidate the general public for them to refrain or desist from participating in their campaign rallies or from casting of votes in favor of said candidates. "To do so, they used equipment and other resources owned by the government," the document read.
"It must be noted that election offenses are mala prohibita, thus, the intention of the utterer or publisher or even the actual effect on the subject of the negative campaign are irrelevant. Mere tendency to promote the defeat of the targeted candidate or candidates, directly or indirectly, is sufficient," it further stated.
They also stated that the act also cannot be excused as “personal opinions” and protected speech given that the statement was signed and released as an official statement, and disseminated via the official channels of the NTF-ELCAC. They mentioned that such an excuse is self-serving and patently false since they released the statement into the world as an “NTF ELCAC Statement,” signed by Badoy, the NTF-ELCAC Spokesperson for Sectoral Concerns.
"Nowhere in the posts did Badoy or her agencies state or quote the source of the 'official endorsement' by the Communist Party of the Philippines (CPP) of Vice President Robredo or the proof that it is “behind the Makabayan Bloc",” the complaint read. "The records of the Honorable Commission itself, which has duly recognized our Coalition, Party-Lists, and nominations as well as the Vice President’s candidacy, belie such atrocious claim. Therefore, the basis of the red-tagging, if not the entire post, is a fraudulent device commonly known as fake news," it further mentioned.
Complainants stated that they invoke their right for their complaint to be given preferential and priority investigation and prosecution by the Commission and its prosecuting officials, so that Respondents’ actions will be investigated on without delay and that their liabilities will be resolved within the period set by the law.
Comelec Commisioner George Irwin Garcia said that they will have to wait for the filing of their complaint and in accordance with poll body's rules will undergo the usual due process requirement.