MANIFESTO

(Re: On the red-tagging of a PAO Lawyer)

When the country was about to conclude the celebration of National

Women’s Month, a Public Attorney˗̶ a woman, became the subject of
illegal profiling and ‘red-tagging’ by the Philippine National Police
(PNP) on March 29, 2023 after providing free legal assistance to
several accused who were suspected to be members of communist
and terrorist groups (CTGs).

Based on public records and our recollection of events, this is not

the first time that state security forces have branded members of the
bench and the bar as “terrorists” or “communists”. This time, police
authorities have singled out a public defender and labeled her
provision of free legal aid to her clients as terrorist conduct.

This culture has to STOP.

We can only surmise that it is because of ignorance and/or a lack of

familiarity with the laws they are bound to enforce that law
enforcement agents continue the despicable practice of red-tagging.

Under Republic Act No. 9406, otherwise known as The PAO Law,
the Public Attorney’s Office (PAO) shall be the principal law office of
the government in extending free legal assistance to indigent
persons in criminal, civil, labor, administrative and other quasi-
judicial cases. A most recent piece of legislation, Republic Act No.
11479 or the Anti-Terrorism Act of 2020, mandates the PAO to
immediately provide any person arrested for committing acts of
terrorism with legal assistance. In fact, Section 30 of R.A. No. 11479
explicitly commands the arresting law enforcement agent or military
personnel to immediately contact the free legal assistance unit of the
Integrated Bar of the Philippines (IBP) or the PAO if the arrested
person cannot afford the services of counsel of his/her choice.

Notwithstanding these clear legislative imprimaturs imposed upon

PAO lawyers, we are gravely concerned about how and why police
officers incriminate public defenders as being supporters of
communists. Unfortunately, the act has a debilitating and crushing
impact on our provision of free legal aid to our indigent clients. This
also sends a chilling effect on our rights to life, personal liberty, and
security as red-tagging precipitates violence.

Ergo, we call on the leadership of the PNP and other law

enforcement agencies to end this threatening practice. They should

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refrain from accusing PAO lawyer(s) of being supporters of the
communist insurgency and from profiling legal personalities under
the guise of a legitimate police exercise. On the contrary, police
authorities should ensure a safe, decent, dignified, and productive
environment for PAO lawyers and all members of the bar in the
country.

As PAO lawyers, we have rendered our services to the Filipino

people who belong to the bracket of the poor regardless of their
gender, age, religion, political, and cultural beliefs. In the exercise of
our sworn duty as public attorneys, in particular, and as lawyers, in
general, we will never be subservient to fear or terror, in whatever
form they may come.

Signed on April 9, 2023.