Stopping drug menace a must but should follow rules—CA Justice
While there is a need to stop the drug menace, a Court of Appeals (CA) Associate Justice stressed that there are rules that should be followed.
The appeals court has submitted the case for resolution after the government lawyers from the Office of the Solicitor General did not object to the protection order being asked by the petitioners.
During the hearing, the Justices of the 14th Division asked the police what has been done to the policemen involved.
Counsel for the police said there is an ongoing investigation on the possible administrative and criminal liability of the police officers from the Quezon City Police District Station 6.
The appeals court noted that the investigation was triggered only by the amparo petition filed six months after the incident.
“The investigation was for the direct assault against Efren Morillo and was conducted because of the amparo petition,” Associate Justice Apolinario Bruselas Jr. pointed out during the hearing on the amparo petition filed by a survivor of Oplan Tokhang operation in Quezon City and relatives of slain drug suspects Marcelo Daa Jr., Raffy Gabo, Anthony Comendo and Jessie Cule.
“What about the death of the four others, was there an investigation?” he asked, to which the police said there was already a spot report.
“There is already a spot report which means there is already an investigation,” a lawyer from the police said.
The CA asked for the result of the investigation as Bruselas pointed out that deadline to finish an investigation is only six months from the incident.
“Lives have been lost. We are all for stomping out the drug menace but there are rules to be followed,” Bruselas said.
Although the government lawyers did not oppose the plea for protection of the petitioners, they insisted that the operation conducted was legitimate.
READ: Gov’t lawyers admit merits of petition by ‘Tokhang’ victims
“Tokhang is just visitation. They [police] go house to house,” Assistant Solicitor General Herman Cimafranca said.
The appeals court, however, said the police should prove that the operation was legitimate in another proceeding.
The appeals court added that any investigation that is being carried out must be transparent.
“No need to file a writ of amparo left and right,” the appeals court said. RAM
