Lacson defers to Constitution amid calls to criminalize red-tagging

Senator Panfilo Lacson on Thursday said the Constitution would be the "ultimate guide" on whether red-tagging or accusing someone of being connected to the communist movement should be criminalized or not.

"One major issue to be addressed if we are to criminalize red-tagging or red-baiting is if it will infringe on our Constitution's provision ensuring freedom of expression and freedom of speech. This is a basic right that cannot be violated," he said in a radio interview.

"That said, there are opposing views that such freedom is not absolute—that is why we have laws penalizing libel and cyber-libel," he added.

Senate President Vicente Sotto III previously said that those who were wrongly accused of being communists can file libel cases instead of seeking a new law.

"While I can anticipate a rough sailing in the Senate in case a legislative move to criminalize red-tagging would come to the fore, as Chairman of the Defense Committee I cannot also disregard the legal views expressed by at least 2 highly respected resource persons," Lacson said.

He was referring to former dean of the Ateneo School of Government Tony La Viña and Human Rights Commissioner Karen Gomez-Dumpit who pushed for criminalizing red-tagging during the Senate inquiry.

"That being said, my legal staff and consultants will study and evaluate all the information gathered during the three hearings," Lacson said.

"It is only then that we can come up with our recommendations to the plenary whether or not to pursue passing legislation to criminalize red-tagging," he added.

The Senate committee on national defense and security, which Lacson chairs, recently held a series of hearings on the security sector's allegation that the Makabayan bloc in the House of Representatives is a legal front of the Communist Party of the Philippines.

The accusation has been denied by the Makabayan bloc, which condemned the vilification of legitimate dissent.

National Security Adviser Hermogenes Esperon said the state security forces do not "red-tag" as he claimed that it was CPP founding chairman Joma Sison who named the front organizations of the communist rebels.

Sison has earlier refuted this allegation and said the video of his speech was spliced by the military to make it appear as such.—AOL, GMA News