‘Double Barrel’ doesn’t tell cops to commit illegal acts – Calida
Government lawyers on Friday defended before the Supreme Court the government’s war on drugs as it responded to the consolidated petitions seeking to stop the government’s campaign through “Oplan Double Barrel.”
In a 63-page comment, Solicitor General Jose Calida said the petitions filed by the Free Legal Assistance Group (FLAG) and the Center for International Law lacked merit.
Both petitions sought to prohibit the implementation of PNP CMC No. 2016-16, otherwise known as “Oplan Double Barrel”, and its implementing rules in DILG MC No. 2017-112, for alleged infirmities.
Calida said there is nothing in both PNP CMC No. 2016-16 and the DILG MC No. 2017-112 that direct the commission of any illegal act.
“The PNP’s function to serve and to protect necessarily encompasses not only responding to crimes already committed but also preventing their commission,” Calida added.
According to the Solicitor General, the power “to direct and control tactical as well as strategic movements, deployment, placement, utilization of the PNP or any of its units and personnel, including its equipment, facilities and other resources” is unquestionably vested upon the PNP Chief.
Citing Section 26 of R.A. No. 6975, Calida said that the PNP Chief’s issuance of the subject memorandum is not an encroachment into the President’s power.
Procedural matters raised by the OSG in its Comment include the impropriety of a class suit, the misjoinder of causes of action, and the lack of proper verification and certification against forum shopping.
The high court has set the oral argument on Nov. 21.
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