SC fines Badoy ₱30,000 for indirect contempt

For indirect contempt of court, the Supreme Court (SC) has imposed a ₱30,000 fine on Lorraine Marie T. Badoy, former spokesperson of the National Taskforce to End Local Communist Armed Conflict (NTF-ELCAC).

Badoy was fined “for her vitriolic statements and outright threats (on her social media posts) against Judge Marlo A. Magdoza-malagar (of the Manila Regional Trial Court) and the Judiciary.”

In a unanimous full court decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC warned Badoy that “repeating the same or similar acts will lead to a more severe penalty.”

“As a fundamental principle of every democratic government, the public’s freedom of expression should be respected and protected to the fullest extent possible,” the SC declared.

But the SC stressed that “these rights must never threaten other equally important public interests, such as the maintenance of the courts’ integrity and the orderly administration of justice.”

“Unwarranted attacks on the dignity of the courts are not constitutionally protected speech and may constitute contempt of court,” it pointed out.

On Oct. 4, 2022, the SC ordered Badoy to explain in 30 days why she should not be cited in contempt of court which carries a penalty of fine of at least P30,000 or six-month prison term, or both.

The SC, on its own, initiated the indirect contempt case against Badoy on “threats” she aired in her social media posts against Malagar who, on Sept. 21, 2022, ruled that the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) are not terrorist organizations.

The motu proprio (on its or one’s initiative) case denominated as A.M. No. 2209-16-SC (Re: Judge Marlo A. Magdozamalagar) was first taken up last Sept. 27.

After its full court deliberation Sept. 27, 2022, the SC issued a resolution that stated: “The Court sternly warns those who continue to incite violence through social media and other means which endanger the lives of judges and their families, and that this shall likewise be considered a contempt of this Court and will be dealt with accordingly.”

In her Facebook post on Sept. 23, 2022, Badoy accused Malagar of “lawyering” for the CPP-NPA.

Badoy even called the judge a “friend and true ally” of the communist groups and branded the judge’s ruling as a “judgement straight from the bowels of communist hell.”

“So, if I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF (National Democratic Front) 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,” Badoy also stated in her Facebook post that was deleted on Sept. 24, 2022.