“The husband of a judge in a terrorism case is a member of a front organization of the PPC”

I have written two columns debunking the ruling of Manila Magistrate’s Court Judge Marlo Magdoza-Malagar that the Communist Party of the Philippines and its armed group, the New People’s Army, are not terrorist groups.

I pointed out, among several other arguments, that the decision is absolutely absurd. Malagar limits (the word she herself used) her assessment to just nine incidents of CPP-NPA atrocities – yes only nine, all occurring in 2020 and 2021 – in determining whether they are terrorist groups .

She dismissed the more than a thousand incidents that the military called terrorist actions, for which they provided documents such as required incident reports as well as affidavits from former CPP-NPA leaders. and victims who survived their brutal violence. She dismissed those thousand incidents as “mere hearsay, devoid of probative value”.

After limiting his assessment to just nine cases, Malagar adopts another absurdity: that the 14 killed (one beheaded) in those cases are just a microscopic fraction of the country’s more than 109 million people. These therefore cannot be considered “terrorism” since most definitions of the term require it to be “widespread”, “widespread”, or “prevalent”.

Last part of the military’s letter to the Supreme Court.

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I had wondered why Malagar would make such patently absurd arguments when it was common knowledge that the CPP-NPA for over 50 years since its emergence in the 1970s has been killing the military and police to advance its agenda overthrow of the state which, from the 2000s, comes under the modern term of “terrorism”. Well, the official organ of the CPP, Ang Bayan, and other left-wing news bulletins regularly report such terrorist acts, touting them as victories in its “people’s war.”

I found an explanation indeed believable. The National Association of ROTC Alumni, in a letter to the Supreme Court, claimed that Malagar had a left-wing bias since her husband, UP Cebu Chancellor, lawyer Leo Malagar, is an active member. of the NUPL/Lumaban (Lupon rig mga Manananggol rig Bayan), a front of the RPC. The letter was signed by 13 retired generals and seven colonels, the leaders of the association which has 5,000 members.

Dismiss

The association also asked the Supreme Court to investigate Malagar and “after due process, to dismiss her when the evidence warrants.”

We cannot ignore the views of the National ROTC Alumni Association. While the impression is that alumni of the Philippine Military Academy, “PMayers”, constitute the officer corps of our armed forces, they represent only a minority of officers, alumni of ROTC, Sgt. -chief to the general ranks, constituting the essential. We cannot ignore the feelings of the officers of our armed forces. After all, they are the ones who make the dying, the victims of CPP-NPA terrorism.

As the organization’s letter has not been widely distributed, I quote it in full:

“We, the officers and 5,000 members of the National ROTC Alumni Association (NARAA), Inc., express at the outset our full confidence in the Supreme Court and our unqualified adherence to peace and the rule of law. .

At the same time, we express to the court and to all the people of the Philippines our strong support for Dr. Lorraine Marie T. Badoy and express our condemnation of the much-criticized absurd decision rendered by Judge Marlo A. Magdoza-Malagar of the Tribunal Regional Court of First Instance, Branch 19, Manila, regarding the petition filed by the Department of Justice to legally declare the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), as terrorist groups.

motu owner

First, in rendering the impugned decision, Judge Marlo A. Magdoza-Magar appears to have lost the guise of the cold neutrality of an impartial judge by disregarding the well-documented evidence presented by the state, but at the same time by giving full credence to the CPP’s constitution which is contrary to the Constitution of the Republic of the Philippines — which it is sworn to serve and protect.

Second. Judge Marlo A. Magdoza-Malagar should have disqualified herself motu proprio to sit and try the case given that her husband, UP Cebu Chancellor Atty. Leo Malagar is an active member of NUPL/Lumaban (Lupon rig mga Manananggol rig Bayan). This is the basement of the NUPL CPP where Atty. lsagani Zarate, lawyer. Neri Colmenares, lawyer. Edre Olalia are among them, among others. Atti. Edre Olalia is a known associate and long-time attorney to CPP founding president Jose Ma. Saisons.

Knowing that her relationship with her husband and her association with the aforementioned lawyers will call into question her decision and place the court in a situation where the people will lose faith and confidence, Judge Malagar should have inhibited herself, without ever forgetting the salutary principle that ‘no judge should preside over a case in which she is not entirely free, disinterested. impartial and independent. A judge has both the duty to render a just decision and the duty to do so in a manner totally free from any suspicion as to his fairness and as to his integrity.

Third, we believe and support Dr. Badoy’s statement that she in no way threatened Judge Malagar with bodily harm. This is clear from just reading his full statement. What Dr. Badoy was simply saying was that Judge Malagar’s decision presented a clear and present danger. Indeed, his decision invites violence. His logic was illogical and his reasons unreasonable. Coming from a judge, it was simply stunning.

Finally, we respectfully request the Honorable Supreme Court to also investigate Judge Marlo A. Magdoza-Malagar, and after due process. to dismiss her when the evidence justifies it. »


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Aubrey L. Morgan