SOLICITOR General Jose Calida on Tuesday urged the Supreme Court to dismiss the petitions against the administration’s war on drugs, saying the government was not tolerating killings of drug suspects.
During the continuation of oral arguments, the chief state lawyer argued the petitions filed last month by human rights groups Free Legal Assistance Group and Center for International Law were “disingenuous moves to destabilize the Duterte administration and sow anarchy.”
According to Calida, the petitions seeking to stop the implementation of Philippine National Police Command Memorandum Circular No. 16-2016 or “Oplan Double Barrel” and Department of Interior and Local Government’s Memorandum Circular 2017-112 or the “Masa Masid” project, if granted, could be detrimental to the government and even pose grave threats to the nation.
“The petitions intend to drive a wedge between the President on the one hand, and the PNP and DILG on the other, inciting disobedience to the Chief Executive and depriving him of his powers and prerogatives; and emasculate the government’s police powers by rendering inutile the PNP’s sworn mandate to enforce the law and maintain peace and order. The Court should not let these happen because they will have long-term, catastrophic effects on the nation’s stability and security,” the Solicitor General told the SC justices.
Calida also invoked the power of the executive branch to implement its programs, warning that granting the petitions would be tantamount to an undue interference with the operations of the co-equal branch.
In a related development:
• The Manila Police claimed to have shot and injured three men who allegedly fought back against authorities in another anti-drug operation last October, but closed circuit television footage showed cops killing supposedly unarmed men in broad daylight—prompting Malacañang to look into claims raising fresh doubts about police actions in President Rodrigo Duterte’s brutal “war on drugs.”
In a Palace news briefing, Presidential Spokesman Harry Roque said they would not tolerate abuses and killings committed by cops, in light of a Nov. 27 Reuters report, showing footage contradicting police accounts from start to finish.
“I assure you that the authorities are now looking into this matter. We are in the process also of authenticating the video,” Roque said.
“I assure you that the President will not tolerate any abuse that may be committed by some personnel of the PNP. Again, the Palace position is we do not tolerate police violence, brutality, and killing,” he added.
Calida said the assailed orders were consistent with the Constitution and both domestic and international laws, claiming that Project Tokhang had been successful in achieving its purpose and had the overwhelming approval of the public.
“Under Project Tokhang, 8,247,489 houses were visited and 1,262,188 drug personalities have voluntarily surrendered. This is unprecedented,” he pointed out.
The chief state lawyer also disputed the assertion of petitioners that Plan Double Barrel and Masa Masid both violated constitutional right to due process, right to privacy, right against unreasonable search and seizure and right to be presumed innocent until proven guilty.
Contrary to claim of petitioners, the Solicitor General stressed that subjects of Tokhang could be considered automatically as suspects—unlike in ordinary drug buy-bust operations of law enforcers — as he also clarified the order to “neutralize” drug suspects.
“Neutralize should not be construed as synonymous to killing, but to include subdue, arrest and, in worst case, kill when the life of the police authorities is in danger while in performance of their duties in the law,” Calida said.
Calida emphasized that President Duterte’s administration did not sanction any illegal acts committed by policemen.
He also cited the failure of petitioners to present proofs that the killings of drug suspects — especially those by vigilante groups—were sanctioned or sponsored by the government.
PNP chief Director General Ronald de la Rosa, who was required by the SC to appear in the hearing, supported this claim when he also faced the justices during interpellation.
When asked by Associate Justice Marvic Leonen if he ever gave an order to the policemen to kill the drug suspects during Tokhang operations, De la Rosa replied: “Never. ‘Neutralize’ means arrest, having the suspect surrender or killing suspect only at the very extreme situation as a result of legitimate police operations.”
The PNP chief also assured the SC justices that the cases of killings were being investigated.
As to the Masa Masid, Calida insisted there was no violation of right to due process because the subjects were not considered suspects and there were no formal charges yet.
Upon interpellation of Associate Justice Francis Jardeleza, the Solgen stressed the house-to-house visitation was not a custodial investigation but actually a “display of Bayanihan spirit since the barangay officials provide assistance to the police.”
“The barangay officials and people accompany the police. The knock on the door is to send a message; police never coerce them,” he said.
Calida also argued that petitioners were not entitled to writ of Amparo, which provides protection to any person whose rights to life, liberty or security is violated or threatened, saying they “failed to establish substantial evidence of an actual violation of or threat to petitioners’ rights to life, liberty and security.”
On technical grounds, the solicitor general cited the impropriety of a class suit, the misjoinder of causes of action and the lack of proper verification and certification against forum shopping.
“The Rule on the Writ of Amparo categorically establishes a successive and exclusive list of people or groups of people who may file a petition to obtain the writ. The aggrieved party should primarily file the petition… A concerned citizen or organization can file the petition only when the aggrieved party and his immediate and collateral relatives are unable to do so,” he explained.
The oral argument continues on Dec. 5.
The Free Legal Assistance Group filed the petition for two victims of extrajudicial killings identified as Ryan Dave Almora and Rex Appari and a survivor identified as Jefferson Soriano in police anti-narcotics operations.
In the same petition, FLAG sought issuance of writ of Amparo and temporary protection order prohibiting police authorities from getting near the residents or work places of the families of petitioners.
Almora and Aparri were shot dead during a home invasion in relation to the campaign against drugs, while Soriano survived an alleged summary execution attempt.
CenterLaw, on the other hand, filed its writ of Amparo petition for families of 35 alleged drug suspects killed in anti-narcotics operations of police over the past year and other residents of San Andres Bukid district in Manila.
The PNP had recorded over 6,000 deaths under investigation since June 2016, while human rights group put the death toll under the administration’s drug war at 13,000.
In a security footage obtained by Reuters and GMA-7, some 15 policemen from Manila’s Police Station 2 stormed Barangay 19 at noon on Oct. 11 under the guise of an anti-drug operation, killing three men.
Police accounts claimed one of the slain victims, Rolando Campo, 60, sold drugs to an undercover officer, who signaled for back-up.
Campo “sensed the presence” of the police officers and ordered his two associates—Sherwin Bitas, 34, and Ronnie Cerbito, 18—to draw their guns and open fire on them, the report said.
The police retaliated, leaving the three men “fatally wounded,” it said.
Contrary to police claims, the footage showed Campo chatting with people in the neighborhood in the minutes before the police arrived, and not, as the report said, selling drugs to an undercover officer.
The three men, after being shot by a masked police officer, were carried like pigs, showing no signs of life and loaded onto pedicabs to take them to hospital.
All of these transpired within less than 25 minutes, with one of the policemen in casual clothing shown turning one of the four CCTVs away from the crime scene.
Families of the victims vehemently denied their loved ones were dealing with the drug trade.
Roque said he had yet to see the videos obtained by Reuters but intended to watch it when he had the time.
He also stressed the administration’s commitment that he would not tolerate police murder, as in the separate cases of teens Carl Angelo Arnaiz and Kian Loyd delos Santos. With John Paolo Bencito
