Ombudsman Samuel Martires (Screenshot from YouTube live)

Ombudsman Samuel Martires has chided complainants who insist on filing charges against individuals for "red-tagging", despite the absence of a law prohibiting it. 

Martires, during the Office of the Ombudsman's 2024 budget hearing before the House Committee on Appropriations on Monday, Sept. 11, underscored that red-tagging isn't outlawed in the Philippines. 

Martires was fielding questions during the hearing when Makabayan bloc member, Kabataan Party-list Rep. Raoul Manuel inquired about the status of the charges filed against former government anti-insurgency task force officials Lorraine Badoy, Antonio Parlade Jr., and Hermogenes Esperon. 

“If the honorable congressman is referring to those cases against Parlade, Badoy, et al and Esperon with respect to the red-tagging those cases were already dismissed sa kadahilanan po na wala naman pong batas na nagbabawal sa red-tagging (for the reason that there's no law prohibiting red-tagging),” the Ombudsman said. 

“In the absence of a law," Martires said, "We cannot arrogate to ourselves by saying na nag-violate ka ng red-tagging (that you violated the rule on red-tagging)." 

Manuel acknowledged the absence of a law against red-tagging. "Kaya ang nai-cite natin ay yung ibang mga batas na actually ay pwedeng maging basis para mapanagot ang mga indibidwal na ito.” 

(For this reason, what's being cited are the other laws that could actually be used as basis to hold these individuals accountable.) 

But Martires found this recourse a "palusot", which can be translated as a cheap excuse. 

“Sa puntos na dahil nga walang red-tagging pa-file-an mo ng violation ng Anti-graft and Corrupt Practices Act eh para lang po yung nagpalusot tayo eh, di ba? Ito yung tinatawag naming palusot eh,” Martires said. 

(When you file violations of the Anti-graft and Corrupt Practices Act against them on the basis that there's no law on red-tagging, then that appears to be a "palusot'" on your part. That's what we call palusot.) 

Between the three officials, there are six administrative and two criminal complaints filed. 

"Red-tagging" is the act of linking or associating a person or group to the communist movement 

The Ombudsman said that such cases are similar to those who committed violations of the Comprehensive Dangerous Drugs Act. “Ang puno’t dulo po ay drugs so wala po kaming jurisdiction (The bottom line is, this involves drugs so we dont have jurisdiction)." 

“Pero kung papalusutan kami na red-tagging ang rason pero sasabihin nag-violation ka ng Section 3-E (Anti-Graft law) undue injury to the government or the individual eh anong cause ng undue injury na yon? Eh kung red-tagging eh di wala pong na violate na batas,” Martires said. 

(But if you make "pasulot" by saying red-tagging was committed but you filed Section 3-E undue injury to the government or the individual, the what caused this undue injury na? If you insist it's red-tagging then no law was violated.)

At any rate, Manuel noted that red-tagging was a serious matter and that people have died because of it. 

“The damage has been done. The government should not tolerate this and enable red tagging. We should be proactive in this matter and serve justice,” the youth solon said.