OSG seeks dismissal of petitions vs anti-drug ops

MANILA -- The Office of the Solicitor General (OSG) on Friday urged the Supreme Court (SC) to dismiss the consolidated petitions seeking to halt the government’s anti-illegal drug campaign.

In a 63-page comment, Solicitor General Jose Calida said the petitions filed by the Free Legal Assistance Group (FLAG) and Center for International Law (CenterLaw) should be dropped for lack of merit.

The Supreme Court consolidated two petitions seeking for a writ of amparo, both wanting 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 Oplan Double Barrel does not direct the commission of any illegal act.

“The PNP’s (Philippine National Police) function to serve and to protect necessarily encompasses not only responding to crimes already committed but also preventing their commission,” said Calida.

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 Republic Act No. 6975, Calida said the police 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 SC said that the oral arguments are scheduled at 2 p.m. on Nov. 21 at the SC En Banc Session Hall.

The respondents will be represented by the Office of the Solicitor General.

Led by Atty. Jose Manuel Diokno, FLAG filed a 41-page petition for prohibition and writ of amparo asking the High Court to declare as unconstitutional the PNP’s CMC 16-2016, or Oplan Double Barrel, which it said expressly allows the police to neutralize suspected drug pushers.

Diokno said the war on drugs operationalized by this CMC is unconstitutional as 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 term”.

FLAG also filed the petition for the SC to issue protection orders for the relatives of three persons who ended up as victims of “extralegal killings” in the drug campaign.