QC court acquits 'Tokhang' survivor of assault raps

A Quezon City Metropolitan Trial Court (MeTC) has acquitted Efren Morillo, the sole survivor in a police operation that killed four people, of the charge of direct assault.

In an 18-page decision, the QC MeTC Branch 133 cleared Morillo of "direct assault upon an agent to agents of a person in authority" for failure of the prosecution to prove his guilt beyond reasonable doubt.

The court also ordered the release of Morillo’s P6,000 cash bond.

In 2016, policemen shot and killed supposedly without warning, four drug suspects, in a raid at a house at Group 9, Area B, Barangay Payatas, Quezon City.

Morillo played dead after police shot him in the chest.

According to the court, the prosecution did not establish that Morillo assaulted and attacked then police operatives Emil Garcia, Allan Formilleza, James Aggarao, and Melchor Navisaga.

The Court said the prosecution relied on the testimony of Formilleza that Morrilo and his companions shot at the cops. Formilleza, however, said that he was unaware whether Morillo actually fired at them during cross-examination.

Meanwhile, Navisaga said he did not see Morillo at the time of the incident and only saw the dead bodies after.

According to the court, the paraffin test conducted on Morillo also yielded a negative result for nitrate powder. This bolstered the claim of the defense that Morillo had no firearm and did not shoot, it added.

“To the mind of the Court, these taken altogether casts a doubt as to accused Morillo’s culpability for direct assault,” the decision said.

“The prosecution fell short as well of proving that accused Morillo seriously resisted and attacked the police operatives as none of the prosecution witnesses saw Morillo fire his gun,” it added.

Presumption of regularity

According to the court, the alleged assault made by Morillo did not happen at the time the cops were in the lawful exercise of their duties.

“In this case, police operatives were not compliant with the said circular as they did not make the necessary coordination prior to the operations,” it said.

It added that Formilleza admitted that the operation was not assisted by the barangay watchmen as it was a Sunday.

Due to this, the court said that the presumption of regularity on the part of the police operatives was debunked, adding they failed to coordinate with agencies and the barangay.

The Court said that while law enforcers enjoy the presumption of regularity, it cannot prevail over the constitutional right of the accused to be presumed innocent.

“[A]nd it cannot, by itself, constitute proof of guilt beyond reasonable doubt. The presumption of regularity is disputable and cannot be regarded as binding truth. Indeed, when the performance of duty is tainted with irregularities, the presumption is effectively destroyed,” it said.—LDF, GMA Integrated News