Case Summary (G.R. No. 115838)
Petitioner
Siegfred D. Deduro, alleging repeated instances of “red-tagging,” surveillance, and public labelling as a Communist Party of the Philippines–New People’s Army (CPP-NPA) affiliate, with consequent threats to his right to life, liberty, and security.
Respondent
Maj. Gen. Eric C. Vinoya, sued in official capacity for acts or omissions of military personnel under his command.
Key Dates
• 22 October 2020 – Filing of Petition for Writ of Amparo before RTC Iloilo City.
• 26 October 2020 – RTC denies petition outright.
• 4 November 2020 – Petition for Review on Certiorari filed with the Supreme Court.
• 4 July 2023 – Supreme Court issues decision.
Applicable Law
• 1987 Constitution (post-1990 decision) – Articles on life, liberty, and security.
• A.M. No. 07-9-12-SC, Rule on the Writ of Amparo – Sections 1, 5, 6, 9–12, 14, 17–19.
• Rule 45, Rules of Court – appeal from final amparo orders.
Background Facts
• Deduro recounts multiple events of red-tagging: a June 19, 2020 Iloilo Provincial Peace and Order Council meeting where military officers identified him publicly as CPP-NPA hierarchy; posters in December 2017 and March 2019 labeling him and fellow activists as terrorists; surveillance by unidentified men in January 2019; red-tagging during a symposium in August 2019; further posters in August 2020 and social media posts in October 2020.
• Two individuals who appeared alongside Deduro in such materials—Jose Reynaldo Porquia and Zara R. Alvarez—were subsequently murdered, heightening Deduro’s fear.
• Deduro filed for writ of amparo, seeking protection orders, production of military records, destruction of existing dossiers, and an injunction against further red-tagging or harassment.
RTC Ruling
Branch 24, RTC Iloilo City issued an Order (26 Oct 2020) dismissing the petition for lack of prima facie proof of threats to life, liberty, or security. The court held that red-tagging and alleged surveillance, without more, did not amount to actionable threats under the Amparo Rule. The RTC did not require respondent to file a return.
Issues on Appeal
A. Whether Deduro established a prima facie case for issuance of the writ of amparo.
B. Whether the RTC erred in dismissing the petition without ordering a return or conducting a summary hearing.
Supreme Court’s Legal Framework on the Writ of Amparo
• Purpose: expeditious relief against extrajudicial killings, enforced disappearances, or threats thereof (Sec. 1).
• Initial evaluation (Sec. 6): petition must on its face show threatened violation of life, liberty, or security by unlawful act or omission of a public official or agent, supported by affidavit.
• Issuance of writ triggers respondent’s 72-hour duty to file a detailed return (Secs. 9–10).
• Summary hearing (Secs. 13, 18): evaluation of evidence by substantial-evidence standard; judgment within 10 days.
• Red-tagging, vilification, and guilt by association constitute actionable threats to life, liberty, or security.
Application of Law to Facts
• Deduro’s allegations and attached photographs establish at least a prima facie link between red-tagging by military units under respondent’s command and threats to his security, especially in light of subsequent killings of similarly labeled persons.
• Mere membership or inclusion in an order of battle does not suffice; but the combination of public military presentations, widely circulated posters, social media labelling,
Case Syllabus (G.R. No. 115838)
Antecedents and Parties
- Petitioner Siegfred D. Deduro
• Activist from Iloilo; founding member and Vice President for the Visayas of Bayan Muna Party-list and the Makabayan Coalition
• Former party-list representative in the 12th Congress
• Manager and Management Consultant of Panay Fair Trade Center Corporation
• Founding Secretary-General of Madia-as Ecological Movement; member of Kalikasan People’s Network for the Environment
• Consultant to then Agrarian Reform Secretary Rafael V. Mariano - Respondent Maj. Gen. Eric C. Vinoya
• Commanding Officer of the 3rd Infantry Division (3rd ID), Philippine Army - Relief sought: Writ of Amparo under Section 19 of the Rule on the Writ of Amparo to address threatened violations of petitioner’s right to life, liberty, and security
Allegations of Red-Tagging and Harassment
- June 19, 2020 PPOC meeting at Casa Real de Iloilo
• Officers under respondent’s command presented alleged CPP-NPA hierarchy in Panay; petitioner explicitly identified
• Presentation covered by Bombo Radyo Iloilo and Philippine News Agency; photographs credited to the Army’s 61st Infantry Battalion - December 11, 2017 posters in Iloilo City
• Petitioner and other activists labeled “criminals, terrorists, members of the CPP-NPA-NDF” - March 16, 2019 and August 27, 2020 posters repeating red-tagging of petitioner and allied organizations in Iloilo and Oton
- January 23, 2019 surveillance incident
• Petitioner allegedly followed by three unidentified men from Tagbak terminal to BAYAN-Panay office; reported by companion Reylan B. Vergara - August 24, 2019 symposium at University of St. La Salle, Bacolod City
• 303rd Infantry Brigade officers allegedly red-tagged local chapters of Bayan Muna, BAYAN, NUPL, and other NGOs as NDF supporters - October 10 and 16, 2020 social media red-tagging by “Western Visayas Expose” page naming petitioner as CPP-NPA-NDF member
- Subsequent murders of persons whose photos appeared alongside petitioner’s (Porquia, Alvarez, Ramos, Patigas)
Petition for Writ of Amparo before the RTC
- Filed October 22, 2020 in RTC–Iloilo City, Spl. Proc. No. 20-14628
- Reliefs prayed:
• Issuance of writ of amparo; respondent to file verified return within 72 hours
• Disclosure of identities of military officers and all records concerning petitioner
• Interim relief: production order for dossiers, surveillance records, photos, tangible/electronic items related to petitioner
• Permanent relief: enjoin respondent from red-tagging, harassment; destroy all records pertaining to petitioner
• Other just and equitable reliefs - Supporting materials: affidavits, annexes of photos, printouts of poster