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EIGHTEENTH CONGRESS OF THE  
) 
REPUBLIC OF THE PHILIPPINES  
) 
Second Regular Session 
 
 
) 
 
S E N A T E 
 
S. No. _______ 
 
 
Introduced by Senator Franklin M. Drilon 
 
 
AN ACT DEFINING AND PENALIZING RED-TAGGING 
 
In the past few years, we saw an unprecedented rapid escalation of red-tagging 
or the State’s malicious labeling and stereotyping of individuals or groups as 
communists or terrorists. 
Justice Marvic Leonen, in his dissenting opinion in Zarate v. Aquino III (GR No. 
220028), explained that red-tagging or red-baiting is a “phenomenon of implicating 
progressive civil group leaders to heinous crimes.” Citing the report of Philip Alston 
and Chaloka Beyani, two United National Special Rapporteurs on Extrajudicial, 
Summary or Arbitrary Executions, Justice Leonen said that red-baiting “is the 
vilification, labelling, or guilt by association of various democrat organizations.” 
Professor Nymia Pimentel Simbulan wrote that red-tagging or the “act of labeling, 
branding, naming and accusing individuals and/or organizations of being left-leaning, 
subversives, communists or terrorists is a strategy used by State agents, particularly 
law enforcement agencies and the military against those perceived to be ‘threats’ or 
‘enemies of the State’.”  
Professor Philip Alston said that the result of red-tagging is that “a wide range 
of groups – including human rights advocates, labour union organizations, journalists, 
teachers, unions, women’s groups, indigenous organizations, religious groups, student 
groups, agrarian reform advocates and others – are classified as ‘fronts’ and then as 
enemies of the State’ that are accordingly considered to be legitimate targets”. In the 
words of Justice Leonen, they then become “easy targets” of government military or 
paramilitary units.  
This continuing governmental public branding has threatened the very life, 
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liberty and security of the vilified men and women. It has resulted to serious human 
rights violations such as harassments, arbitrary arrests, detentions, and enforced 
disappearances. In some instances, being red-tagged is a prelude to death.  
Zara Alvarez’s name was included in the Department of Justice’s terrorist list. 
On 17 August 2020, she was fatally shot by unidentified gunmen in Negros.  
Dr. Mary Rose Sancelan, the only doctor in the City of Guihulngan City, was 
number one on a list of 15 people accused of being a member of the Communist Party 
of the Philippines in Negros Oriental. On 15 December 2020, a lone gunman fatally 
shot her. She was the 6th person killed off from the list.  
Members of the legal profession were not spared from this systemic and 
calculated vilification as enemies of the State. Sometime in 2018, human rights lawyer 
Benjamin Ramon saw his face plastered on a poster in Moises Padilla Negros 
Occidental as a supposed member of the Communist Part of the Philippines-New 
People’s Army-National Democratic Front. On 6 November 2018, he was murdered. 
On 4 March 2021, young and promising human rights lawyer Atty. Angelo Karlo Guillen 
was red-tagged. Soon after, he was violently attacked but survived the assassination 
attempt. On 5 March 2021, Mandaluyong City Judge Quisumbing-Ignacio ordered the 
release of journalist and labor right activist Lady Ann Salem. Soon after, Judge Ignacio 
found herself a target of malicious lies linking her to the communist groups. 
Justice Leonen, in Zarate, was also quick to point out the chilling effect of red-
tagging on the freedom of expression and speech.  
To make it easy for military and paramilitary units to silence or cause 
untold human rights abuses on vocal dissenters, government agents resort 
to stereotuping or caricatuiring individuals.This is accomplished by 
providing witnesses who, under coercive and intimidating conditions 
identify the leaders of organizations critical of the administration as 
masterminds of ordinary criminal acts. Not only does this make these 
leaders’ lives and liberties vulnerable, a chilling effect on dissent is also 
generated among similar-minded individuals. (emphasis supplied) 
 
It has a “chilling effect not just on dissent but also on truth-telling”. In 
December 2021, the arrest of red-tagged journalist Lady Ann Salem for illegal 
possession of firearms caused uproar within the media community.  
 
Contrary to popular assertions, there are no sufficient and available legal 
remedies for victims of red-tagging. Victims are left without proper recourse against 


 
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their perpetrators and are forced to file seemingly-appropriate-but-not-quite cases, like 
libel and grave threats. The gravamens of these offenses, however, are far from the 
essence of red-tagging. Libel, or grave threats, is not appropriate where a state agent 
vilifies a person as an enemy of the state thereby impinging on the rights of that 
individual.  
This bill therefore seeks to fix the legal gaps, address impunity and 
institutionalize a system of accountability by criminalizing red-tagging and providing 
for penalties as deterrence thereto.  
The proposed measure defines the crime of red-tagging as the act of labeling, 
vilifiying, branding, naming, accusing, harassing, persecuting, stereotyping, or 
caricaturing individuals, groups, or organizations as state enemies, left-leaning, 
subversives, communists, or terrorists as part of a counter-insurgency or anti-
terrorism strategy or program, by any state actor, such as a law enforcement agent, 
paramilitary, or military personnel. Any person found guilty of red-tagging shall be 
imprisoned for ten (10) years and shall suffer  the accessory penalty of perpetual 
absolute disqualification to hold public office.  
The passage of this bill will reverse the “increasingly institutionalization and 
normalization of human rights violations” and put a stop on the attacks against the 
members of the legal profession. The measure will likewise serve as a reminder to the 
government of its primary duty under the Constitution “to serve and protect the 
people.”  
Hence, the immediate passage of this bill is hereby earnestly sought. 
 
 
 
 
 
 
 
 
 
 
 
FRANKLIN M. DRILON 
 
 
 
 
 
 
 
 
 
  Senator 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
 
 
S E N A T E 
 
S. No. ______ 
 
Introduced by Senator Franklin M. Drilon 
 
AN ACT DEFINING AND PENALIZING THE CRIME OF RED-TAGGING 
 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
 
SECTION 1. Red-tagging. – Any state actor, such as a law enforcement agent, 
paramilitary, or military personnel, who labels, vilifies, brands, names, accuses, 
harasses, persecutes, stereotypes, or caricatures individuals, groups, or organizations 
as state enemies, left-leaning, subversives, communists, or terrorists as a part of a 
counter-insurgency or anti-terrorism program or strategy, shall suffer the penalty of 
imprisonment of ten (10) years and perpetual absolute disqualification to hold public 
office.  
SEC. 2. Repealing Clause. - All laws inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly.  
SEC. 3.  Effectivity. – This Act shall take effect upon its publication in the Official 
Gazette and in a newspaper of general circulation. 
Approved, 
 
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