She pointed out that unlike a common bandit, an NPA member is steeped in ideology, as shown by a 3-tiered recruitment process - from being a member of a national democratic mass organization to joining the underground mass organization and finally the CPP-NPA. In her ruling, Judge Magdoza-Malagar cited at least 6 SC cases on the issue of political crimes which explained why common crimes take on a political complexion if done for a political purpose and are not punished similarly as common crimes. Magdoza-Malagar relied on “precedents” or cases decided by the Supreme Court which have become authority for deciding subsequent cases. The judge however was citing a long line of Supreme Court cases which distinguished rebellion from ordinary crimes and terrorism, explaining in detail the “political offense doctrine” - why there seems to be a lenient attitude towards rebels in the cited cases.

She called her “unprincipled” and a “friend of CPP NPA NDF.” “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.”īadoy had slammed the judge for supposedly asking that “acts of terrorism” of the CPP-NPA-NDF should be deemed “political crimes” which are “treated with leniency.” Rebellion is not terrorism: Court junks PH govt’s plea to tag CPP-NPA as terroristsĬalling Magdoza-Malagar’s resolution a “judgment straight from the bowels of communist hell,” Badoy posed a hypothetical scenario:.

In a Facebook post Friday, former National Task Force to End Local Communist Armed Conflict spokesperson Lorraine Badoy accused Manila Regional Trial Court Branch 19 Judge Marlo Magdoza-Malagar of 'lawyering' for the CPP-NPA when she ruled that rebellion and political crimes are not acts of terrorism.

MANILA - A judge who warned against the dangers of red-tagging in dismissing the Department of Justice’s proscription case against the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) now finds herself red-tagged by a former anti-insurgency task force official. Former NTF-ELCAC spokesperson Lorraine Badoy has received flak for allegedly red-tagging Judge Marlo Magdoza-Malagar in a Facebook post which she has since deleted.

Resolution by Kim Loraine