Professional Documents
Culture Documents
Petition For Indirect Contempt vs. Lorraine Badoy-Partosa
Petition For Indirect Contempt vs. Lorraine Badoy-Partosa
SUPREME COURT
MANILA
“So, if I kill this judge and I do so out of my political belief that all allies of
the CPP NPA NDF must be killed because there is no difference in my mind
between a member of the CPP NPA NDF and their friends,
then please be lenient with me.”
***
RULE 129
What Need Not Be Proved
THE PARTIES
10. The vicious assault against Manila RTC Judge Malagar has
alarmed and shaken both the judicial magistrates and practitioners of
law to the core so much so that the Philippine Judges Association
(“PJA”) has referred to the evils of online vilification and red-tagging,
sought to be prevented by this Petition, as “undeserved” and “life-
endangerment of a member of the judiciary.” Another group of judges,
HUKOM, Inc., has likewise viewed the same acts as “attacks on the
rule of law and the independence of the judiciary.”
16. Under its Resolution, the Manila RTC opined that the
complained acts of the CPP and the NPA “(a) have been committed to
achieve a political purpose; and, (b) have been primarily directed at State
agents, and not against civilians. Not having met the stringent requirements
of HSA of 2007, the nine (9) acts of atrocities committed by the NPA can only
qualify as incidents of ‘rebellion’.”4
1
Available at the Supreme Court’s website, <https://sc.judiciary.gov.ph/17874>; last accessed on
03 October 2022.
2 Department of Justice vs. The Communist Party of the Philippines and the New People’s Army a.k.a.
In the proscription case against them, the CPP NPA NDF did not
make an appearance nor send any evidence to refute all charges
against them by the National Task Force to End Local
Communist Armed Conflict- NOT ONE.
Turns out, they didn’t need to. Judge Marlo Malagar, in about
135 pages passionately lawyered for them.
There is nothing lofty about the murder of our citizens - who are
seen as collateral damage to their stupid war – that is deeply
ingrained in the core of the CPP NPA NDF.
This Judge also said that the CPP NPA NDF was not organized
for the purpose of engaging in terrorism but that this “armed
struggle is only a means to achieve the CPP’s purpose”.
Huh?
No, this judge who is obviously a friend of the CPP NPA NDF
has a helmet as thick as the helmet of the urban operatives of
the CPP NPA NDF that she can step over the dead bodies of
our children and pen this shameless decision to lend powerful
support and cover to these terrorists who have stolen our
children from us.
Judge Malagar asks that all those acts of terrorism of the CPP
NPA NDF should be considered as “political crimes and
therefore be treated with leniency.”
Like the true ally that she is of this terrorist organization, Judge
Malagar spoke about an issue that wasn’t even part of this case
and that is a weapon badly needed by the CPP NPA NDF to
continue recruitment of our children, their fund-
raising/extortion activities and propaganda against
government: red-tagging.
The silver lining to this is that it gives the Filipino people a clear
picture and a deeper understanding of why this terrorist
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 9 of 38
organization has lasted over half a century and who the traitors
are.
It is not only because of the CPP NPA NDF but its friends in
high places: in the judiciary, Senate, Congress, business
leaders, university presidents, university chancellors etc.
There is something though that the CPP NPA NDF doesn’t have
and it is THE FILIPINO PEOPLE who are now AWAKE and now
know who the enemy is.
But the Filipino people are the angels of acrid necessity that have
come to tell these terrorists that it’s all over.
Judges like this Judge Malagar are a dime a dozen and she
doesn’t get to define the parameters of this war we are waging.
We are a people rising and we have driven our sword into the
heart of that beast, the TERRORIST ORGANIZATION CPP NPA
NDF.” (Emphases and underscoring supplied.)
20. While the original of said Facebook post was later deleted
by Respondent Badoy-Partosa, several other Facebook users have
since captured images of this post and re-posted the same both on
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 10 of 38
This is Part 1
‘An NPA member engages in violence and employs force, not for
violence’s sake but in pursuit of the higher ideals contained in
the Constitution of the CPP.’
Yup, NOT ONCE did this Judge base her decision on any of
our laws. Hard to believe but true.
And when Kieth, child of Vilma Absalon, light of his father’s life,
and Kuya Superstar to his siblings, survived the blast and knelt
5
On 29 September 2022, this particular post (see Annex “C” with sub-markings of this Petition)
resurfaced on Respondent’s Facebook page as she re-posted the same with a caption that reads:
“The post that media said I deleted and where CPP NPA NDF urban operatives said I threatened
etc etc – Alam nyo naman yang mga Sinungaling na yan, walang pahinga haha. Judge for yourself.
Mahaba yan ha. Warning lol.”
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 11 of 38
3. How true is it that the ones who helped you craft your
malodorous decision regarding the terrorist organization
CPP NPA NDF were Edre Olalia, Sol Taule and Rachel
Pastores?
For those who don’t know it yet, these 3 are urban operatives of
the CPP NPA NDF who lawyer for the ENTIRE CPP NPA NDF.
What they are are lawyers for active operatives of the CPP NPA
NDF who murder, extort, kidnap, traffic, rape, destroy private
property etc.- and they front for the NUPL that targets those in
the legal and paralegal profession for recruitment into this
terrorist organization.
So all these time, according to our asset, that Judge Malagar was
pretending to do independent research, the ones helping her
craft her obscene decision were some of the most fanatical and
hard core urban operatives of the CPP NPA NDF who get their
directives straight from the Central Committee of the terrorist
CPP NPA NDF and from the terrorist Joma Sison himself.
No wonder then - what she wrote were pages straight out of the
CPP NPA NDF Constitution and 100% faithful to the CPP NPA
NDF propaganda lines - like attacks on the NTF ELCAC and
about “weaponization of the law”.
She slipped and used a term that only CPP NPA NDF cadres
know: NDMO (national democratic mass organization) when
she weirdly discussed an issue that wasn’t part of this case but
essential to the lifeblood of this terrorist organization: red-
tagging.
Peter Flores Serrano: “Doc Lorraine Marie T. Badoy calls out Judge
Marlo Magdoza Malagar of the Manila Regional Trial Court
on her treachery. ‘She made this country the saddest country
for the mothers.’ We are right behind you, Doc Lorraine.
Just let us know what to do and we will oblige.”
6
On 29 September 2022, this particular post (see Annex “E” of this Petition) is also re-posted by
Respondent on her Facebook page.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 14 of 38
I dunno about you but that sounds like Edre Olalia, Sol Taule,
Rachel Pastores, and other urban operatives of the CPP NPA
NDF.
7 “The judiciary shall decide on matters before them impartially, on the basis of facts and in
accordance with the law, without any restrictions, improper influences, inducements, pressures,
threats or interferences, direct or indirect, from any quarter or for any reason.” – Basic Principles on
the Independence of the Judiciary, UN Congress on the Prevention of Crime and Treatment of
Offenders (1985), UN General Assembly Resolution Nos. 40/32 and 40/146.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 17 of 38
The PJA upholds the rule of law and not the rule of men. We
remind everyone that individuals, including judges, have
protected constitutional rights, and personal attacks and
threats against them and the judiciary should never be
tolerated. To this end, we call upon government offices and
private organizations to see to it that the actions of their members
are legal, moral, and form part of the acts of a civilized society.
In Zarate vs. Aquino, our Supreme Court has clearly stated that
THERE IS NO DANGER TO LIFE, LIBERTY, AND SECURITY
WHEN YOU ARE IDENTIFIED AS A MEMBER OF THE CPP
NPA NDF.
These are moves straight out of the CPP NPA NDF playbook that
they’ve employed to deceive an entire nation – assisted, on no
small measure, by media they have greatly infiltrated, and sorry
And if so, then the real authors of that obscene and disgusting
decision were members of the Central Committee of the CPP
NPA NDF and the terrorist Joma Sison because urban
operatives get their direct orders from them.
That’s what they ought to do if they are truly worthy of the noble
profession they claim to value.
Otherwise, they are no different from the Judge they give cover
to who has weaponized the law against the Filipino nation.
The Filipino people are now awake and the writing is on the wall.
They can either join us or face the wrath of the entire nation.”
(Emphases and underscoring supplied.)
A.
PETITIONERS HAVE THE LEGAL STANDING TO FILE
THE INSTANT ‘PETITION FOR INDIRECT CONTEMPT OF
COURT,’ AS PROVIDED UNDER SECTION 3 (D), RULE 71,
IN LIGHT OF THE CIRCUMSTANCES OF THE CASE AND
BASED ON PHILIPPINE JURISPRUDENCE.
B.
THE PETITION INVOLVES MATTERS OF PUBLIC
INTEREST AND TRANSCENDENTAL IMPORTANCE AS
WOULD JUSTIFY A RELAXATION OF THE PROCEDURAL
REQUIREMENTS, INCLUDING THE ‘DOCTRINE OF
HIERARCHY OF COURTS,' FOR THE HONORABLE
COURT’S ADJUDICATION.
C.
THIS HONORABLE COURT HAS RECOGNIZED THE
DANGERS FACED BY LAWYERS AND JUDGES ALIKE
WITH INSINUATIONS THROWN AT THEM WITHOUT
GOING THROUGH THE RIGORS OF PROVING THE
SAME IN A COURT OF LAW.
D.
THE FACTS CLEARLY SHOW THAT THE RESPONDENT
SHOULD BE DECLARED GUILTY OF INDIRECT
CONTEMPT OF COURT AND ACCORDINGLY BE
PENALIZED WITH THE MAXIMUM PENALTIES OF SIX
(6) MONTHS IMPRISONMENT AND PHP 30,000.00 FINE.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 23 of 38
DISCUSSION
A.
PETITIONERS HAVE THE LEGAL STANDING TO FILE THE
INSTANT ‘PETITION FOR INDIRECT CONTEMPT OF COURT,’
AS PROVIDED UNDER SECTION 3 (D), RULE 71,
IN LIGHT OF THE CIRCUMSTANCES OF THE CASE
AND BASED ON PHILIPPINE JURISPRUDENCE.
B.
THE PETITION INVOLVES MATTERS OF PUBLIC INTEREST
AND TRANSCENDENTAL IMPORTANCE AS WOULD JUSTIFY
A RELAXATION OF THE PROCEDURAL REQUIREMENTS,
INCLUDING THE ‘DOCTRINE OF HIERARCHY OF COURTS,’
FOR THE HONORABLE COURT’S ADJUDICATION.
35. Herein Petitioners, who are all lawyers, are bound under
the Lawyer’s Oath to “support the Constitution and obey the laws, as well
as the legal orders, of the duly constituted authorities” of the Republic of
the Philippines. Under the Code of Professional Responsibility, the
Petitioners must uphold the Constitution, obey the laws of the land,
and promote respect for the law and its legal processes.9
37. That being said, the Petitioners have the locus standi (or
“legal standing”) to lodge this Petition. As lawyers and officers of the
court, they have the responsibility to assist in and improve the
administration of justice. As lawyers, they act as guardians to the Rule
of Law. This requires a vigilant attention to the preservation of the
Rule of Law, and, therefore, the elimination of any act that is inimical
to this objective. The acts of Respondent Badoy-Partosa, as set forth in
this Petition, are such acts.
42. In the case of Integrated Bar of the Philippines (IBP) vs. Hon.
Ronaldo B. Zamora, et al.,12 this Honorable Court assured the public that
where the issues raised are of “transcendental significance” or are of
“paramount importance” to the public, the Honorable Court will
“brush aside technicalities of procedure.” In this particular case,
10 Louis “Barok” C. Biraogo vs. The Philippine Truth Commission of 2010, G.R. No. 192935, 07 December
2010.
11 G.R. No. 191002, 20 April 2010.
12 G.R. No. 141284, 15 August 2000.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 25 of 38
where the IBP assailed the presence of military troops in Metro Manila,
this Honorable Court took cognizance of the IBP Petition explaining
that, “a reading of the Petition shows that the IBP has advanced
constitutional issues which deserve the attention of this Court in view
of their seriousness, novelty, and weight as precedents x x x”
In any event, the Court retains the broad discretion to waive the
requirement of legal standing in favor of any petitioner when
the matter involved has transcendental importance, or
otherwise requires a liberalization of the requirement.
Yet, if any doubt still lingers about the locus standi of any
petitioner, we dispel the doubt now in order to remove any
obstacle or obstruction to the resolution of the essential issue
squarely presented herein. We are not to shirk from discharging
our solemn duty by reason alone of an obstacle more technical
than otherwise.
Indeed, where those who challenge the official act are able to
craft an issue of transcendental significance to the people, the
Court may exercise its sound discretion and take cognizance of
the suit. It may do so in spite of the inability of the petitioners to
show that they have been personally injured by the operation of
a law or any other government act.
15G.R. No. 62380, 07 February 1991; citing the earlier cases of In Re: Kelly (35 Phil. 944); Slade Perkins
vs. Director of Prisons (58 Phil. 271, 279); Commissioner of Immigration vs. Cloribel (20 SCRA 1241);
Montalban vs. Canonoy (38 SCRA 1); and Halili vs. CIR (136 SCRA 112).
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 27 of 38
of the Bench. This case is thus a matter of great importance and concern
to the public.
47. It is also worthy to note that the “faith of the people” in the
Philippine judiciary’s administration of justice is indeed most essential
in order to establish and maintain a just and orderly society. By virtue
thereof, all trial court judges who inevitably stand as the “visible
representation of the law and justice,” most certainly require the
Honorable Court’s immediate and most expeditious protection more
so when subjected to serious threats of bodily harm, verbal abuse, red-
tagging, harassment, and online vilification, as heedlessly done by
Respondent Badoy-Partosa against the honorable Judge Malagar.
C.
THIS HONORABLE COURT HAS RECOGNIZED THE
DANGERS FACED BY LAWYERS AND JUDGES ALIKE WITH
INSINUATIONS THROWN AT THEM WITHOUT GOING
THROUGH THE RIGORS OF PROVING THE SAME
IN A COURT OF LAW.
We are all too aware that everything the Court stands for must
bend its arc toward ensuring that all its officers can fairly and
equitable dispense their duties within the legal system,
unbridled by the constant fear that such exercise may exact the
highest cost. In this light, the Court condemns in the strongest
sense every instance where a lawyer is threatened or killed, and
where a judge is threatened and unfairly labeled. We do not
and will not tolerate such acts that only perverse justice, defeat
the rule of law, undermine the most basic of constitutional
principles, and speculate on the worth of human lives.
(Emphases and underscoring supplied.)
The Supreme Court calls upon the entire Judiciary and all
members of the legal profession to remain strong, steadfast, and
unwavering in the duties they swore an oath to fulfill. At no
more fitting time that now should the Judiciary remain
undaunted, with a clear vision of taking courage, enforcing the
law, and upholding the supremacy of the Constitution.
True to the just virtues we all must fight for, our resolve is
unqualified. We recognize the bravery of all the judges and
lawyers who show up to administer justice in the face of fear.
Let there be no doubt, the Supreme Court stands with them.
(Emphases supplied.)
17 Philippine Star, Supreme Court addresses calls for action on attacks on lawyers, judges, 23 March 2021,
<https://www.philstar.com/headlines/2021/03/23/2086434/full-text-supreme-court-
addresses-calls-action-attacks-lawyers-judges.>.
18
Rappler, As DOJ and Supreme Court meet to examine murders, a 56th lawyer is killed, 20 January 2021
(by Lian Buan), https://www.rappler.com/nation/doj-supreme-court-examine-lawyer-killings/.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 30 of 38
D.
THE FACTS CLEARLY SHOW THAT THE RESPONDENT
SHOULD BE DECLARED GUILTY OF INDIRECT CONTEMPT
OF COURT AND ACCORDINGLY BE PENALIZED WITH THE
MAXIMUM PENALTIES OF SIX (6) MONTHS IMPRISONMENT
AND FINE AMOUNTING TO PHP 30,000.00.
The power to punish for contempt is inherent in all courts, and need
not be specifically granted by statute. It lies at the core of the
administration of a judicial system. Indeed, there ought to be no
question that courts have the power by virtue of their very
creation to impose silence, respect, and decorum in their
presence, submission to their lawful mandates, and to preserve
themselves and their officers from the approach and insults of
pollution. The power to punish for contempt essentially exists for the
preservation of order in judicial proceedings and for the enforcement of
judgments, orders, and mandates of the courts, and, consequently, for
the due administration of justice. The reason behind the power to
punish for contempt is that respect of the courts guarantees the
stability of their institution; without such guarantee, the
institution of the courts would be resting on a very shaky
foundation.
The court may proceed upon its own knowledge of the facts
without further proof and without issue or trial in any form to
punish a contempt committed directly under its eye or within its
view. But there must be adequate facts to support a summary
order for contempt in the presence of the court. The exercise of
the summary power to imprison for contempt is a delicate one
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 32 of 38
24
G.R. No. 203335, 11 February 2014.
25 A.M. No. 93-2-037-SC, 06 April 1995.
URGENT PETITION FOR INDIRECT CONTEMPT
Atty. Rico V. Domingo, et al. vs. Lorraine Marie T. Badoy-Partosa
Page 35 of 38
and through her actions, called on and encouraged the public to do the
same. This is truly detrimental to the independence of the judiciary
and grossly violative of the duty of respect to courts.
PRAYER
Other reliefs that are just and equitable under the premises
are likewise prayed for.