Avila, Gio Riley D.

Wednesday 7:30-9:30
Human Rights Atty. Irene Valones

REACTION PAPER ON THE APRIL 3 EN BANC RESOLUTION

The Duterte Administration has engaged in an all out war against

illegal drugs. Standing at the helm of this operation is our country’s
Philippine National Police together with the help of PDEA. The PNP
released Command Memorandum Circular No. 16 of 2016 which was
named as Oplan Double Barrel. The said circular served as the guideline
or handbook of the PNP in executing the all out war against illegal and
dangerous drugs. This Police Operation has been commonly labeled as
OPLAN Tokhang.

In view of the many police operations conducted under the guise of

the all out war against illegal and dangerous drugs, thousands of deaths
became the direct consequence of such action. According to the PNP
around 3,800 people linked to the illegal proliferation of dangerous drugs
has died from the many police operations conducted all throughout the
country. At the same time there were around 14,000 on going homicide
investigations that have been associated with the OPLAN Tokhang which
was allegedly done by riding in tandem persons, of which such kind of
operations are mainly pointed against people allegedly included in the
Tokhang list of the PNP or has been implicated or allegedly have been
involved with the illegal drug trade or drug users.

Because of this ongoing drug war in the country, two petitions have
been filed with the Supreme Court requesting for the issuance of a writ of
Amparo. During an En Banc session held by the court in which the
country’s Solicitor General Calida represented the PNP and PDEA.
Several members of the court requested several data and information
from the PNP through the Solicitor General for them to be furnished with
certain details in several police operations conducted all throughout the
country. The Solicitor General at first agreed to submit such request for
information and data by the justices. Though later on the Solicitor
General refused to surrender such data to the Supreme Court alleging that
such information cannot be requested for, because it involves state secrets
affecting our country’s national security. The Court thought otherwise for
such information being asked for only pertain to legitimate police
operations that were conducted thus it cannot be invoked that the
submission of such information would endanger our country’s national
security. Furthermore the Solicitor general questioned such request oft the
justices to be beyond their mandate of the court is not a trier of facts.
Which the court also disagreed to for the gathering of such facts are
inclusive in the issuance of a Writ of Amparo. The motion for
reconsideration filed by the Solicitor General was then subsequently
denied and was once againd ordered to submit the data and information
being asked for.

The clear and blatant disregard of the court’s order to produce the
information that is being asked for by the Supreme Court sends out a very
dangerous precedent. For if even the Supreme Court is being hindered
from getting into the bottom of the bloody war against drugs then how
can the ordinary citizens be secured with the thought that the police
operations that were conducted were all performed with regularity? If the
Supreme Court is being barred from performing their constitutional
mandate then how can we defend our constitutional right?