First petition vs Duterte’s ‘Tokhang’ filed at SC
A petition has been filed with the Supreme Court to stop the Quezon City police from conducting anti-illegal drug operations known as “Oplan Tokhang” in Payatas, Quezon City.
This is the first petition to question President Rodrigo Duterte’s “Oplan Tokhang” since it was launched in July last year.
The writ of amparo petition, which is a remedy available to any person whose right to life, liberty and security is violated or threatened, urged the high court to protect the families of the “tokhang” victims from continued harassment and intimidation by the police.
Named respondents in the petition were the Philippine National Police (PNP) itself, represented by Director General Ronald dela Rosa, Senior Superintendent Guillermo Lorenzo T. Eleazar, Superintendent Lito Patay, Senior Inspector Emil S. Garcia, PO3 Allan Formilleza, PO1 James Aggarao, P01 Melchor Navisaga and any of their agents.
Petitioners included Efren Morillo, Martino Morillo, Victoria Morillo, Ma. Belen Daa, Marla Daa, Maribeth Bartolay, Lydia Gabo, Jennifer Nicolas and Marilyn Malimban.
Efren Morillo survived an attack by the police in August 2016, while Marcelo Daa Jr., Raffy Gabo, Anthony Comendo and Jessie Cule were killed.
Petitioners said that even after almost six months had passed, the police kept on going back to their area and harassing the witnesses to the August 2016 attack.
“Worse, after the killings, the respondent police officers involved in the killings repeatedly went back to the scene of the crime, went into the residential houses of some of the petitioners in an obvious attempt to manipulate evidence and to antagonize witnesses,” the petition stated.
Lone survivor Efren Morillo is more at risk, the petition stated, because he survived the attack and positively identified each of the perpetrators.
“The other petitioners suffer the same violation of their right to life, liberty and security. They are terrified for their own lives and the lives of their family members, relatives and loved ones because the perpetrators keep returning to intimidate and harass them into silence. They are violated in their own homes because the perpetrators freely barge in.”
“They could not go to work because they are afraid to leave their children alone in their houses. Their lives are at a standstill. Even the neighbors and members of the larger community are victimized because of the paralyzing fear wrought by the blatant threats of the policemen involved in the killings from the time of the incident to date,” the petition stated.
Aside from threatening the residents, the police officers allegedly fabricated death certificates and police reports for the victims to make it appear that the incident happened in another barangay that properly belonged to their police station’s area of operation.
The petition specifically urged the high court to stop the police officers from entering within a radius of five kilometers of the residence and work addresses of the petitioners.
They also sought the issuance of a temporary restraining order (TRO) enjoining the implementation of Oplan Tokhang in Area B, Barangay Payatas as well as all areas under the jurisdiction of QCPD Station 6.
The petition also asked the Court to direct the PNP to produce and permit inspection and copying and photographing of intelligence and surveillance reports, police blotters, coordination, video and all other official and unofficial documents and material pertaining to the police operations conducted on August 21, 2016 against the victims in relation to their being suspected drug personalities under Oplan Tokhang. CDG/rga
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