ASEAN Regional Coalition to #StopDigitalDictatorship 6.3 Access to Effective Remedy: Granted by the Constitution, but Hindered by an Inaccessible Legal System Article III, Section 14 of the Philippine Constitution embodies the principles of due process of law and presumption of innocence in criminal proceedings. Section 11 further mandates the free access of all persons to the courts, quasi-judicial bodies and adequate legal assistance. The Public Attorney’s Office (PAO) was established under the Department of Justice to provide free legal representation to persons who either have no income or are below certain income thresholds in civil, criminal and administrative cases. There are also legal groups that provide free legal assistance to indigents, such as the Integrated Bar of the Philippines and the Free Legal Assistance Group. Law schools also have pro bono legal service centres with similar functions. Nevertheless, it is generally known that the Philippine legal system is difficult to navigate, expensive, and resource-consuming, and the justice system continuously fails to guarantee due process rights. previous set of commissioners on May 5, 2022, the institution was left in a vacuum.100 In September 2022, President Marcos Jr. appointed the first two of five commissioners.101 In the current 19th Congress, three bills addressing the issue of HRDs were filed at the House of Representatives.102 During the previous Congress, a similar bill authored by Rep. Edcel C. Lagman was adopted by the Lower House but was never enacted, given the Senate’s failure to adopt its corresponding bill.103 The Duterte administration criticised this initiative as unnecessary, unconstitutional, and serving only the interest of terrorist organisations such as the Communist Party of the Philippines, the New People’s Army and the National Democratic Front.104 The absence of an effective mechanism exacerbates the situation, allowing for the continuation of “red-tagging” practices without proper accountability. Recently, the UN expert’s call for authorities to denounce these practices and the suggestion to abolish the counterterrorism task force (NTF-ELCAC) indicate a need for comprehensive non-judicial mechanisms.105 Such mechanisms would not only protect individuals from unjust accusations but also foster a more inclusive and transparent process for addressing human rights concerns, thereby contributing to a more just and accountable society. Such mechanisms would not only protect individuals from unjust accusations Non-Judicial Grievance Mechanisms but also foster a more inclusive and transparent Non-judicial grievance mechanisms are further thereby contributing to a more just and accountable available to citizens. The Philippines is a member society. The persistence of threats, surveillance, and of the UN and, like most other member states, it even unlawful killings emphasises the urgency of undergoes a Universal Periodic Review every four establishing or strengthening non-judicial grievance to five years, which puts its human rights laws and mechanisms to safeguard the rights of individuals and policy under the microscope to be reviewed by create a more conducive environment for freedom other states. of expression and activism.106 process for addressing human rights concerns, The Philippines has an A-accredited National Commission on Human Rights as one of the three independent offices set up to investigate all forms of human rights violations involving civil and political rights in the country. Following the expiry of the 236 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia