SC asked to declare PNP’s drug war unconstitutional

The Supreme Court (SC) was asked on Wednesday to declare as “patently illegal and grossly unconstitutional” government’s all-out drive against illegal drugs being implemented by the Philippine National Police (PNP).

In a petition, the Free Legal Assistance Group (FLAG) asked the SC to issue a temporary restraining order (TRO) against the PNP’s Command Memorandum Circular (CMC) No. 16-2016 on “Oplan Double Barrel.”

The petition was filed in behalf of the victims of so-called extra-judicial killings Dave Almora and Rex Aparri and survivor Jefferson Soriano.

Named respondents in the petition were PNP Chief Director Ronald dela Rosa and Department of the Interior and Local Government (DILG) Secretary Eduardo Año.

Although President Duterte named Año as the incoming DILG secretary last May, he has yet to assume his position as he is still the Armed Forces of the Philippines (AFP) chief.

The SC was told that CMC 16-2016 was not formally put in a proper written executive order.

The petition stated that “the PNP's 'war on drugs' as operationalized under CMC 16-2016 violates the right to life, to due process of law, to be presumed innocent and to a fair trial by expressly authorizing the summary killing of suspected drug offenders in the guise of 'neutralizing' or 'negating' them.”

But on Wednesday, President Duterte directed the PNP and other concerned agencies to leave operations against illegal drugs to the Philippine Drug Enforcement Agency (PDEA).

Assisted by FLAG chairperson and De La Salle University law school dean Jose Manuel Diokno, the petitioners said that the drive against illegal drugs that has resulted in the deaths of over 7,000 individuals who were killed in both police operations and vigilante killings “violates the right to due process of law, to be presumed innocent, and to a fair trial by doing away with the basic police duty of evidence-gathering and case build-up.”

The petitioners also said that the houseto-house visits being conducted by PNP are unconstitutional because “they are not limited to drug suspects and based on furtive fingers of unknown informants.”

“The PNP's 'war on drugs' has no legal basis because it is based on a mere verbal campaign promise by then candidate Rodrigo Duterte 'to get rid of illegal drugs' within the first six months of his terms and is not supported by any executive order, administrative order, memorandum circular, memorandum order or proclamation issued by President Duterte,” they pointed out.

The petitioners also assailed the DILG Memorandum Circular 2017-112, or the “Masa Masid” project, which allows citizens to report any person who may be involved in narcotics to drop boxes put up in some barangays.

They said “Masa Masid” is similar to the practice during the Japanese occupation in the Philippines and the secret police of Nazi Germany during World War II.

“You can report any person, even if they are completely innocent. It does not require evidence, only names. This is just like during the Japanese occupation or the rule of Nazi Germany,” Diokno said in a press conference after the filing of the petition.

By REY G. PANALIGAN