Supreme Court asked for protective writs over red-tagging of Negros lawyers

The National Union of People's Lawyers has petitioned the Supreme Court to issue protective writs for human rights lawyers in Negros and development workers, citing alleged red-tagging, surveillance, and threats from state agents. The petitions include lawyer Rey Gorgonio, chair of NUPL-Negros, and members of the Paghida-et sa Kauswagan Development Group. The group also raised concerns about the ongoing security threats faced by a lawyer in Isabela.

On Thursday, March 5, the National Union of People's Lawyers (NUPL) filed petitions with the Supreme Court seeking writs of amparo and habeas data for lawyer Rey Gorgonio, chair of NUPL-Negros, and members of the Paghida-et sa Kauswagan Development Group (PDG). The petitions stem from an alleged ongoing campaign of surveillance, harassment, and intimidation by state agents.

The NUPL stated that Gorgonio was openly "red-tagged" in local communities by personnel from the 303rd Infantry Brigade. Additionally, the lawyer and his colleagues have reportedly been followed by unidentified individuals in civilian clothing. For the PDG development workers, who are also Gorgonio's clients, there are allegations of threats to "silence" them for their bravery, pressure to cooperate with the military as intelligence assets, and threats extending to their family members.

"Atty. Gorgonio's co-petitioners, who are also his clients from PDG, likewise allege coercive pressure to cooperate with the military as intelligence assets and threats extending to their family members," the NUPL said in a statement. The group noted that these threats pose serious risks to the lawyers and the communities they represent.

Beyond Negros, the NUPL submitted a letter to Chief Justice Alexander Gesmundo regarding the situation of Ma. Catherine Dannug-Salucon, a human rights lawyer in Isabela. In 2015, the Court of Appeals granted her protective writs, a ruling affirmed by the Supreme Court in 2018. However, Dannug-Salucon continues to face security threats, including recent profiling by a person claiming to be a police officer, as reported in an urgent manifestation filed with the Court of Appeals.

The NUPL argued that the alleged harassment of lawyers threatens due process and the independence of the legal profession. They cited the UN Basic Principles on the Role of Lawyers, which state that lawyers should perform their duties without intimidation or identification with their clients' causes. "In an environment where the rhetoric of red-tagging is amplified, especially in the context of counterterrorism laws, the risk of physical harm to counsel deepens and the chilling effect on legal representation becomes more acute," the group said.

The NUPL urged the Supreme Court to strengthen safeguards for lawyers and litigants, including formal dialogue with the judiciary and clearer protocols to address red-tagging and "guilt-by-association" narratives in court proceedings. In 2023, the Supreme Court ruled that red-tagging and guilt by association can endanger a person's rights to life, liberty, and security.

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