Supreme Court Associate Justice Marvic Leonen (File photo by MARIANNE BERMUDEZ / Philippine Daily Inquirer)
How does one get out of a government’s list of drug?
Supreme Court Associate Justice Marvic Leonen asked that question to Solicitor General Jose Calida, representing the government during oral arguments on petitions questioning the constitutionality of the Duterte administration’s war on drugs, as contained in the Project Double Barrel of the Philippine National Police.
Leonen noted that the police manual is very elaborate on how one gets into the government’s drug watch list.
But he asked: “How do you get out of the list? What is the process covered by the circular or operations manual?”
Calida said: “I was informed that the person of interest can seek a clearance. He will be given a clearance if verified that his inclusion on the list is not correct.”
“Where is that process contained?” Leonen asked.
Calida replied: “Can I ask General Coronel?”
He was referring to Chief Supt. Joel Coronel, chief of the Manila Police District, who attended the Supreme Court oral argument.
The solicitor general said the clearance could be obtained at the level of the station of the police.
“Is that in the manual?” Leonen asked. “Or is that upon the discretion of the police, because there is an elaborate process of getting into the list. But I cannot find a process to get out of the list.”
Last week, Leonen noted that it was easy to be included on the list going to the local officials and identify a person.
There were instances reported that the names included in the watch list became victims of vigilante killings. But the government dismissed the observation, pointing out that those who had surrendered were given opportunities or assistance by the government.
Calida maintained that there was no violation of due process because no one was being charged yet.
Leonen reminded him on the presumption of innocence that would need to be observed. /atm