Court junks petition vs house-to-house drug tests

MANILA, Philippines — For the second time, a Quezon City court has dismissed a petition to stop house-to-house drug testing filed by 32 residents of Barangays South Triangle and Payatas A against the Philippine National Police (PNP).

In a decision promulgated on April 13, Judge Editha Mina-Aguba of the Quezon City Regional Trial Court Branch 100 denied the petition for prohibition against house-to-house drug testing and surveillance in the city.

The National Union of People’s Lawyers (NUPL), which represents the petitioners, said the court decision would embolden the police to continue the unconstitutional “innovations,” which are not included in the ground rules for the PNP’s Oplan Tokhang. 

“With the court ruling on technical grounds, perhaps it will embolden policemen to make their rules along the way,” Maria Kristina Conti, NUPL National Capital Region secretary general, said.

The PNP noted that the constitutional rights of the petitioners were not violated during the drug testing.

The petition was “fatally defective” because it was not based on personal knowledge of the petitioners, police said.

Among the respondents were then PNP chief Ronald dela Rosa and former Quezon City Police District (QCPD) director Chief Superintendent Guillermo Eleazar.

Also named respondents were former National Capital Region Police Office head and now PNP chief Director General Oscar Albayalde, as well as former QCPD station commanders Superintendents Pedro Sanchez and Lito Patay.  

The PNP said the drug tests were conducted on a “voluntary basis” and did not violate the residents’ right to privacy.

In dismissing the appeal, the court cited Eleazar’s manifestation during the hearing that the city police had stopped conducting house-to-house drug testing.

Eleazar said the police only provided assistance to barangay officials in conducting anti-drug operations. 

Conti said they would file a motion for reconsideration.

She added they are planning to elevate the case to the Supreme Court.

In October last year, Aguba denied the petition for preliminary injunction to stop the house-to-house drug testing.

“As stated in the order dated Oct. 10, 2017, the acts complained of were no longer happening,” the ruling read.