SC issues writ of amparo in favor of kin of slain drug suspects

Relatives of drug suspects killed in a Quezon City barangay in August last year secured on Tuesday from the Supreme Court (SC) a writ of amparo to protect them from alleged police harassment.

At a press briefing, SC Public Information Office director Gleoresty Guerra said the high court issued a writ of amparo as well as a temporary protection order prohibiting the respondent police officers and their agents from entering within a radius of one kilometer from the residence and work addresses of the petitioners. 

Set to benefit from the court's order are Efren Morillo, Martino Morillo, Victoria Morillo, Ma. Belen Daa, Marla Daa, Maribeth Bartolay, Lydia Gabo, Jennifer Nicolas and Marilyn Malimban.

A writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

In this case, the petitioners said the policemen involved "continue to sow terror" at Group 9, Area B, Payatas, Quezon City, "to intimidate and harass into a paralyzed silence an entire community that had witnessed their crime."

"Composed mainly of informal workers, garbage collectors and scavengers, the powerless and poverty-stricken community is vulnerable to fear and pressure coming from men armed with guns and given the mantle of protection by no less than the government in their rampage in the name of the war on drugs," the petition said.

Named respondents to the petition were Philippine National Police (PNP) chief Director General Ronald "Bato" Dela Rosa, Quezon City Police District (QCPD) director Chief Superintendent Guillermo Eleazar, QCPD station 6 commander Superintendent Lito Patay, Senior Inspector Emil Garcia, PO3 Allan Formilleza, PO1 James Aggarao and PO1 Melchor Navisaga.

The high court also directed the CA to conduct a hearing on the petition and other reliefs asked by the relatives including the suspension of Oplan Tokhang operations in Barangay Payatas and in all areas under the jurisdiction of Quezon City Police District Station 6.

The CA has to decide within 10 days after the case is submitted for resolution.

Immediately after the Court's action was announced, the Center for International Law (Centerlaw), which represents the petitioners, said "citizens may still look to the Supreme Court for a remedy for violations of constitutional rights."

"This move by the high court cannot be overemphasized, coming as it does in these dark times when officials tasked to execute and uphold the law are the very ones who appear to violate it," Centerlaw said in a statement.

"This underscores the fact that where there is a violation of legal and constitutional rights, citizens should not hesitate to seek the succor of courts," it added.

Centerlaw noted the suspension of tokhang operations by the PNP on Monday to give way of cleansing the police ranks of scalawags came days after the petition was filed with the SC on January 26.

Oplan Tokhang refers to the PNP's campaign of going house to house in communities to appeal to drug suspects to surrender and stop using and selling drugs.

However, it has been blamed for the killings of drug suspects who allegedly fight back when being accosted by police officers.

The petition arose from a tokhang operation carried out by four Quezon City policemen on August 21, 2016.

The policemen shot and killed four drug suspects, namely Marcelo Daa Jr., Raffy Gabo, Anthony Comendo, and Jessie Cule, following a raid on Daa's house at Group 9, Area B, Barangay Payatas, Quezon City.

A fifth victim, Efren Morillo, survived and is now a witness in the murder and frustrated murder cases being readied against the policemen, according to the Centerlaw.

The petition said the police “fabricated" a story that the fatalities were caught during a drug session.

According to the petition, the victims were  spending a quiet Sunday afternoon at Marcelo Daa's house on games and leisure, "when the policemen descended upon them without warning, rounded them up while laughing and joking among themselves and pretending to look for pokemon monsters in the house."

"Then the policemen shot the victims one by one, execution-style," the petition stated.

"And when it was all over, as if nothing happened, the lawmen sat near the broken bodies of the salvaged victims and helped themselves with food and drinks from a sari-sari store owned by the family of one of the victims – another surreal, if phantasmagoric thread to this horrendous tale of police brutality," it added. — RSJ, GMA News