G.R. No. 254753 , July 04, 2023
SIEGFRED D. DEDURO, PETITIONER, VS. MAJ. GEN. ERIC C. VINOYA, IN HIS CAPACITY AS COMMANDING OFFICER OF THE 3RD INFANTRY DIVISION, PHILIPPINE ARMY, RESPONDENT.

FACTS

This case involves a Petition for Review on Certiorari concerning the issuance of a writ of amparo. The concurring opinion of Justice Leonen agrees with the ponencia’s decision to grant the writ. The opinion focuses on the threats posed by “red-tagging,” “vilification,” “labeling,” and “guilt by association” to a person’s right to life, liberty, or security. Justice Leonen references historical context, comparing red-tagging to McCarthyism and noting its use to silence dissenters and create a chilling effect. He also cites a past dissenting opinion by Justice Sarmiento, which highlighted how the premise of suppressing Communism was exploited for oppression during the dictatorial regime.

ISSUE

Whether the issuance of a writ of amparo is justified due to threats arising from red-tagging and related activities that endanger a person’s right to life, liberty, or security.

RULING

Yes. The concurring opinion holds that the writ of amparo is justified when red-tagging, vilification, labeling, and guilt by association threaten a person’s right to life, liberty, or security. A person need not wait for the actual harmful outcomes of being red-tagged to be entitled to the writ; the heightened risk of danger or death from being labeled as a Communist or sympathizer is sufficient. Justice Leonen concurs in voting to PARTIALLY GRANT the Petition for Review on Certiorari and to ISSUE the writ of amparo in favor of petitioner Siegfred D. Deduro, returnable to the Regional Trial Court.