Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _____ 
Introduced by  
Deputy Speaker Michael L. Romero 
EXPLANATORY NOTE 
Under Section 1, Article III of the 1987 Philippine specifically provides for the 
rights of Filipino Citizens against deprivation of life, liberty, and property without 
due process of law. 
A clear threat to the aforementioned rights provided under the 1987 Constitution 
is the practice of “Red-Tagging” or “Red-Baiting”. In a journal1 published by the 
International Peace Observers Network, the term “Red-Baiting” which is 
interchangeable with “Red-Tagging” was defined by Dr. Simbulan as “the act of 
labelling, 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.” Furthermore and in the 
same article, Mr. Stoltenberg-Lerche and Mr. Hamman also defined as it “the 
practice of state actors to publicly and detractively classify government-critical 
individuals and organizations as state enemies, communist terrorists or 
members of communist front organizations with the purpose of overthrowing the 
democratically legitimized state authority.” 
1 International Peace Observers Network, Observer: A Journal on Threatened Human Rights 
Defenders 
in 
the 
Philippines 
available 
at 
https://ipon-philippines.org/wp-
content/uploads/ObserverJournal/Observer_Vol.3_Nr.2_RedBaiting.pdf (last accessed on 04 May 
2021). 
May 7, 2021
10:23 am
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Unfortunately during these most trying of times in our country as we battle the 
COVID-19 pandemic, some officials from the government has chosen to devout 
much needed resources of the government to red-tag certain individuals. 
Members of this august chamber were not spared from such acts, on 27 October 
2020 the Honorable Speaker of the House, Speaker Lord Allan Velasco, issued a 
statement2 cautioning Lt. General Antonio Parlade Jr. from the National Task 
Force to End Local Communist Armed Conflict (NTF-ELCAC) that he “should be 
more circumspect and cautious in issuing statements against House members 
whose lives he may place at great risk and danger sans strong evidence”. 
Undeterred by this and most recently, Lt. General Antonio Parlade Jr. and 
Communications Undersecretary Lorraine Badoy of the NTF-ELCAC has again 
committed the same act of red-tagging or red-baiting by initiating a background 
check on the organizers of the “community pantry” at Maginhawa Street put up 
by one Ms. Ana Patricia Non. 
To put it bluntly, this acts of red-tagging or red-baiting by anyone, whether by a 
private individual or a state personnel without presenting hard evidence has no 
place in our society and should stop. This wicked act exposes innocent people to 
serious dangers against their rights such as, but not limited to, surveillance and 
interception and recording of their communications, restriction on their right to 
travel, examination of their bank records, seizure and sequestration of their 
assets, and perhaps most importantly detention without judicial warrant of 
arrest for a period of fourteen (14) days which is extendable for another ten (10) 
days. 
Therefore, this House Bill seeks to criminalize such act and permanently put a 
stop to it. The immediate passage of this bill is earnestly sought. 
MICHAEL L. ROMERO 
2 Speaker Lord Allan Velasco, STATEMENT OF HOUSE SPEAKER LORD ALLAN VELASCO ON 
RED-TAGGING 
BY 
LT. 
GEN. 
ANTONIO 
PARLADE 
JR. 
available 
at 
https://www.congress.gov.ph/press/details.php?pressid=11917&key=parlade (last accessed on 04 May 
2021). 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ___ 
Introduced by  
Deputy Speaker Michael L. Romero
AN ACT 
CRIMINALIZING RED-TAGGING, PROVIDING PENALTIES 
AND SANCTIONS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 
1. 
SHORT TITLE. - This Act shall be referred to as the 
“Anti-Red Tagging Act of 2021”. 
SECTION 
2. 
DECLARATION OF POLICY. – Sec. 1, Article III of the 
1987 Philippine Constitution specifically provides for the right of Philippine 
citizens against deprivation of life, liberty and property without due process of 
law. Since time immemorial, the State has recognized such right and declared 
strict adherence thereto as its state policy. 
SECTION 
3. 
DEFINITION OF TERMS. – For purposes of this Act, 
the following terms shall be defined as stated below: 
a. Red Tagging or Red Baiting refers to the practice of publicly and
detractively labelling, branding, naming, and accusing individuals
and/or organizations in order to classify them as government-critical
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individuals and/or organizations who are state enemies, left-leaning, 
subversives, communist terrorists, and/or members of communist 
front 
organizations, 
with 
the 
purpose 
of 
overthrowing 
the 
democratically legitimized state authority. 
b. State Personnel refers to any individual who is employed and/or 
represents the government such as but not limited to: public 
employees, public officials, police personnel, and military personnel. 
 
SECTION 
4. 
CRIMINAL OFFENSE OF RED TAGGING OR RED 
BAITING. – Any person, whether a private individual or a state personnel, who 
publicly and falsely tags, maligns, labels, titles, alleges, stalks, hounds, or 
categorizes any individual, clusters, or groups as enemies of the state, 
collaborators, communists or terrorists as a part of a counter-insurgency or anti-
terrorism program or policy, shall be held liable under this Act, after due notice 
and hearing. 
 
SECTION 
5. 
PENALTIES. – Any person found guilty of the criminal 
offense as provided for under Section 2 of this Act shall suffer the penalty of 
imprisonment of a minimum of Ten (10) years; and perpetual disqualification to 
hold public office.   
 
SECTION 
6. 
TRANSITORY 
PROVISION. – 
Existing 
industries, 
businesses and offices affected by the implementation of this Act shall be given 
six (6) months transitory period from the effectivity of the IRR or such other 
period as may be determined, to comply with the requirements of this Act. 
 
SECTION 
7. 
IMPLEMENTING RULES AND REGULATIONS. – The 
departments and agencies charged with carrying out the provisions of this Act 
shall, within sixty (60) days after the effectivity of this Act, formulate the 
necessary rules and regulations for its effective implementation. 
 


SECTION 
8. 
REPEALING CLAUSE. – All laws, decrees, executive 
orders, rules and regulations, or parts thereof inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
 
SECTION 
9. 
SEPARABILITY CLAUSE. – If, for any reason, any 
section or provision of this Act is held unconstitutional or invalid, the other 
sections or provisions hereof shall not be affected thereby. 
 
SECTION 
10. 
EFFECTIVITY CLAUSE. – This Act shall take effect 
after fifteen (15) days from its publication in the Official Gazette or in at least 
two (2) national newspapers of general circulation whichever comes earlier. 
 
 
Approved,