TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No.
Sbtwnit
V «f tiK
25 MJG-6 P4:33
V
Ri CEIVEilY:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
DEFINING AND PENALIZING THE CRIME OF RED-TAGGING
EXPLANATORY NOTE
The Supreme Court in Deduro i4 Maj. Gen. Vinoyd declared that "red-tagging, 
vilification, labeling and guilt by association constitute threats to a person's right to 
life, liberty, or security." It is a clear recognition from the Judiciary of the adverse 
impact of heightened risk of danger or death to anyone being publicly named as a 
Communist or its sympathizer. Victims of red-tagging have been subjected to frequent 
surveillance and harassment, or threatened with rape or sexual assault.
The ruling also noted that numerous accounts of red-tagging "depict it as a 
likely precursor to abduction or extrajudicial killings," and that red-tagged individuals 
become "target of vigilantes, paramilitary groups, or even State agents2."
In recent years, there had been dozens of documented incidents of red-tagging, 
with many cases ending in violent deaths. Jose Reynaldo Porquia, who served as 
Bayan Muna Coordinator for lioilo City, and Zara Alvarez, para-legal and education 
officer for KARAPATAN, were both red-tagged, as their photos appeared on pamphlets 
and posters accusing them to be part of the underground Communist movement.
1 G.R. No. 254753
2 Ibid.


Porquia was killed by two gunmen in Iloilo City, while Alvarez was fatally shot in 
Bacolod City.
Atty. Benjamin Ramos, Secretary General of National Union of People's 
Lawyers-Negros, and human rights advocate Councilor Bernardino Patigas were 
brazenly murdered in separate incidents, shortly after their photos were featured in 
tarpaulins showing alleged communist personalities.
This measure seeks to define and penalize red-tagging which has long 
threatened the lives of human rights defenders and activists, generated a chilling 
effect on legitimate dissenters and community leaders, including journalists, and 
created a climate of fear in the country. Building on the pronouncements of the 
Supreme Court, this bill aims to clarify under our legal framework the offense of red- 
tagging in view of protecting the fundamental rights of every citizen against any form 
of unwarranted harassment, intimidation or persecution.
The consideration and approval of this bill is hereby endorsed.
JINGdOY EJERCITO ESTRADA


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mmrJf
•f riK iSi'i'r
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
)
SENATE
1071
25 AUB-6 P4:33
RFCEIVEifV:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
DEFINING AND PENALIZING THE CRIME OF RED-TAGGING
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Short Title. -This Act shall be known as "Anti-Red-Tagging Act.
Sec. 2. 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 
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. 3. Forms of Red-Tagging. - Red-tagging is committed through issuance of 
public statements, social media posts, announcements, declarations, signages, 
streamers, placards, public fora and other similar venues or media where individuals, 
entities, groups and/or organizations are publicly labeled, vilified, branded, named, 
accused, harassed, persecuted, stereotyped, or caricatured as described in Section 2.
Sec. 4. Separability Clause. - If for any reason, any provision of this Act is 
declared unconstitutional or invalid, such parts not affected thereby shall remain in 
full force and effect.


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Sec. 5. Repealing Clause. - All laws, decrees, executive orders, rules and
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regulations and other issuances or parts thereof which are contrary to or inconsistent
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with this Act are hereby repealed, amended or modified accordingly.
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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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pubiication in the Official Gazette or in any two (2) newspapers of general circulation.
Approved,