SC issues writ of amparo on ‘Tokhang’

MANILA, Philippines -  The Supreme Court (SC) has issued a writ of amparo against the anti-drug campaign of the Philippine National Police (PNP), citing alleged police harassment of families of drug suspects in Quezon City.

The SC granted the petition filed by a survivor and the families of four drug suspects killed during a police operation in Payatas, Quezon City last year.

Granting the urgent relief sought by the petitioners, the SC issued a temporary protection order (TPO) against anti-narcotics police officers. 

The TPO specifically prevented operatives of the Quezon City Police District-Station 6, which conducted the operation in the area in August last year, from entering the residence and work places of the petitioners within a one-kilometer radius.

But the SC order applies only to the QCPD-Station 6 – not to the PNP’s Oplan Tokhang, or the nationwide anti-illegal drug operation.

QCPD director Chief Supt. Guillermo Eleazar said they would comply with the SC order.

“Just the same, if there are complaints then we must answer them. Whatever they (respondent policemen) have done, they will face any consequence of their actions,” he said.

The petitioners were led by Efren Morillo, the survivor in the police anti-drug operation who is set to testify in the murder and frustrated murder charges against police officials. It is the first case to challenge in court the PNP operations against illegal drugs.

It was filed last Jan. 26, or a day after Chief Justice Ma. Lourdes Sereno revealed that the perception of the rule of law in the country has diminished due to unresolved killings of drug suspects.

The SC order was issued after PNP chief Director General Ronald dela Rosa on Monday ordered the suspension of Tokhang, citing the abuse of errant policemen taking advantage of the PNP’s campaign against illegal drugs to extort money from unsuspecting victims.

President Duterte on Monday ordered the disbandment of the PNP’s Anti-Illegal Drugs Group (AIDG) following the involvement of its officials in the kidnap-slay of South Korean businessman Jee Ick-joo.

Duterte handed over all anti-drug operations to the Philippine Drug Enforcement Agency (PDEA).

Dela Rosa said the decision to dissolve the AIDG was based on a presidential directive stripping the PNP of its power to enforce the anti-drug law.

Dela Rosa said the PNP is no longer allowed to conduct anti-illegal drug operations and would instead focus on internal cleansing.

On the other hand, Dela Rosa believes the suspension of Tokhang would also stop the summary killings of suspected drug offenders by vigilante groups.

“This means the blame would not be on us. We could now easily identify who are behind these killings because the police is no longer authorized to carry out anti-drug operations,” Dela Rosa said.

A day after Duterte ordered the freezing of Tokhang, taken from the Filipino words katok (knock) and hangyo (plea), four more suspected drug offenders were reported killed.

The PNP’s National Operation Center (NOC), however, has yet to provide details about the four who were killed.

PNP spokesman Senior Supt. Dionardo Carlos said this might be a case of delayed reaction from the police units concerned, saying there were ongoing drug sting operations before the order to cease Tokhang came down.

“We will see the reason why there are still individuals killed in the campaign against illegal drugs. It might be there was ongoing police operations when the announcement was made. What is done is already done and it might too late,” Carlos said.

The right direction

Lawmakers said the shift from Tokhang to cleansing the PNP of misfits and scalawags is a step in the right direction.

Sen. Francis Pangilinan said the suspension of Tokhang was good news, adding he did not hear of any reports of killings the other night.

“Good news: there were no deaths last night (Monday) after PNP chief Bato dela Rosa ordered the suspension of the war on drugs and shift focus to abusive policemen,” Pangilinan said in Filipino.

“The bad news: the abusive policemen are still there; policemen President Duterte himself called rotten to the core,” he added.

Sen. Leila de Lima said the reported zero killings a day after the suspension of Tokhang was “palpable proof” that the PNP or their assets and agents were behind the killings.

“They are ordering people (to do the killings). Some of these were done by the police themselves. That circumstance of no reported killings, that is concrete proof that the methods used were wrong,” De Lima said.

“So to me, that is strong circumstantial evidence that they (police) are the ones behind the killings,” she added.

Sen. Panfilo Lacson agreed the zero reported killings said a lot, considering that it was reported immediately after the suspension of Tokhang.

He noted the average of 10 to 11 killings every day when Tokhang was in place and the sudden absence of reported deaths should be worth clarifying with the PNP.

“That’s the irony of it all, that they have to explain why there are no killings,” Lacson said.

“What I’m worried about is that just because we’re calling their attention, there may again be killings tonight. So damned if you do, damned if you don’t. So it’s better if we just don’t talk about it,” he said.

Davao City Rep. Karlo Alexei Nograles said the cleansing by the PNP of scalawags simply means President Duterte is really serious in attaining a crime-free Philippines.

“This decision of the President is a reassurance that he will not tolerate abuses in his war against drugs. This shows that the President is dead serious in his commitment to clean our country of drugs and corruption,” he said.

Batangas Rep. Raneo Abu said Duterte’s decision to suspend the government’s war on drugs is just a “temporary setback,” as moves to weed out rogue cops must also be made if only to make the streets totally safe, both from petty or hardened criminals and hoodlums in uniform.

Quezon City Rep. Alfred Vargas underscored the need to weed out undesirables within the PNP who have long been lording it over the citizenry for the past several decades, to the detriment of honest policemen who have been making a clean living.

“We need this PNP cleansing. We have to be fair to the honest members of the police force. We have to rid the organization of misfits. And this is the best time to do it. Such schemes of rogue cops have been an open secret for a long time. It’s time for crackdown,” he said.  – With Cecille Suerte Felipe, Delon Porcalla, Marvin Sy, Romina Cabrera, Mayen Jaymalin