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Supreme Court Rules Against Badoy In Contempt Case Over Online Attacks On Judge
Congress PH File
The Supreme Court has found former National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) spokesperson Lorraine Marie T. Badoy-Partosa guilty of indirect contempt for launching a series of online attacks against Judge Marlo A. Magdoza-Malagar.
The decision, penned by Senior Associate Justice Marvic M.V.F. Leonen, highlights the need to balance freedom of speech with the protection of judicial independence.
Badoy's online statements, posted on September 23, 2022, accused Judge Magdoza-Malagar of having ties with the Communist Party of the Philippines (CPP)-New People’s Army (NPA) and making threats, including the explicit mention of killing the judge and bombing judges' offices. The posts, accompanied by inflammatory language, garnered support and even requests for Judge Magdoza-Malagar's address.
The Court emphasized the inherent power to punish for contempt, essential for maintaining order in judicial proceedings and preventing the spread of untruths that could influence public discourse. The decision distinguishes between legitimate criticism and illegitimate attacks on the judiciary, stressing the importance of fair and factual commentary on matters of public interest.
The Court found Badoy's statements constituted improper conduct, threatening the impartial image of the judiciary and casting doubt on the legitimacy of the court's decisions. It rejected Badoy's claims of qualified privilege, noting her lack of good faith, absence of factual basis, and failure to ground her comments in truth.
Badoy was fined PHP 30,000 and warned of more severe consequences for future similar actions. The Court's decision also serves as a caution to online personalities and influencers, highlighting the real-world consequences of unregulated speech and the spread of fake news.
The decision, penned by Senior Associate Justice Marvic M.V.F. Leonen, highlights the need to balance freedom of speech with the protection of judicial independence.
Badoy's online statements, posted on September 23, 2022, accused Judge Magdoza-Malagar of having ties with the Communist Party of the Philippines (CPP)-New People’s Army (NPA) and making threats, including the explicit mention of killing the judge and bombing judges' offices. The posts, accompanied by inflammatory language, garnered support and even requests for Judge Magdoza-Malagar's address.
The Court emphasized the inherent power to punish for contempt, essential for maintaining order in judicial proceedings and preventing the spread of untruths that could influence public discourse. The decision distinguishes between legitimate criticism and illegitimate attacks on the judiciary, stressing the importance of fair and factual commentary on matters of public interest.
The Court found Badoy's statements constituted improper conduct, threatening the impartial image of the judiciary and casting doubt on the legitimacy of the court's decisions. It rejected Badoy's claims of qualified privilege, noting her lack of good faith, absence of factual basis, and failure to ground her comments in truth.
Badoy was fined PHP 30,000 and warned of more severe consequences for future similar actions. The Court's decision also serves as a caution to online personalities and influencers, highlighting the real-world consequences of unregulated speech and the spread of fake news.
Mar 1, 2024
