SC asked to reconsider dismissal of Tokhang survivor’s raps vs. cops

A survivor of the Duterte administration’s war on drugs and others on Friday asked the Supreme Court (SC) to reconsider its dismissal of the complaint filed against police officers over the death of four individuals in an anti-drug operation.

In a 49-page motion for reconsideration with a motion to elevate the case, Efren Morillo and others asked the SC en banc to reconsider and set aside its June resolution that affirmed the Ombudsman’s dismissal of the complaint.

Meanwhile, the petitioners also asked the en banc to declare that the Ombudsman committed grave abuse of discretion amounting to a lack of excess jurisdiction in dismissing the complaint.

Aside from this, they asked the SC to direct the Ombudsman to find probable cause against the police officers or, as an alternative, to direct the Ombudsman to conduct a new preliminary investigation.

In an ambush interview, lawyer Gilbert Andres, the petitioners’ legal counsel, said that if their petition is not granted, it may show inaction on the part of the country.

“Kasi ito ngang aming kaso po ng Morillo et al. ay frustrated murder at murder pa lang po. Hindi pa po ito crimes against humanity for murder at laban lang po ito against low-level perpetrators,” Andres said.

(Because our case is only for frustrated murder and murder. These are not crimes against humanity for murder and this is only against low-level perpetrators.)

“Eh kung na di-dismiss po siya, ang argumento po namin, eh paano pa kaya yung crimes for humanity ng mga mastermind. Kaya baka po magbunsod… sa isang absurd na scenario na mga mastermind po ay nasa ICC pero ang actual na kumitil po ay hindi po sila nililitis,” he added. 

(But if this is dismissed, our argument is, what will happen to the masterminds? It may lead to an absurd scenario where the masterminds are at the ICC but the actual killers are not prosecuted.)

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

Morillo, who was shot in the chest, survived after he played dead and then escaped until he reached the highway.  

Following this, he filed multiple murders and frustrated murder complaints against the police officers with the Office of the Ombudsman.

The Ombudsman dismissed the charges for lack of probable cause.

Meanwhile, the SC dismissed the petition seeking to reverse the Ombudsman’s decision for failure of the petitioners to sufficiently show that any grave abuse of discretion was committed by the Ombudsman.

The petitioners argued that the Ombudsman committed grave abuse of discretion when it “disregarded material, uncontroverted, and judicially established facts that clearly establish probable cause.”

Andres stressed that the Court of Appeals (CA) issued a writ of amparo for Morillo while the SC issued a temporary protection order in their favor.  

Andres also said that Morillo was acquitted by the Metropolitan Trial Court of Quezon City (MeTC) Branch 133. The MeTC found that he never assaulted the police, never fired or used a gun, and that the police operation was riddled with multiple procedural irregularities.

“Hindi nasialang-alang ng Ombudsman ‘yung mga matitibay po na ebidensya. Dahil ang ebidensya po ito ay galing mismo sa Court of Appeals dahil na issuhan po sila ng privilege ng amparo,” he said.

“At galing din po sa Korte Suprema kasi nag issue din po ng temporary protection order ang Korte Suprema at galing na din po sa MeTC,” he added. 

Aside from this, the petitioners said that there is no presumption of regularity when death occurs during police operations.

The family of one of the individuals slain during the operation said they have been waiting for justice for a long time.

“Sana po mapagbigyan kami. Sana po madinig ang kahilingan ng mga biktima (I hope that our request will be granted. I hope that the wish of the victims will be heard),” she said.

“Kahit ano pa pong kulay ninyo, respetuhin po natin ang right to justice at right to the truth ng mga biktima. Wag po natin sila i-doxing dahil labag po ito sa human rights ng mga biktima. Wag na po natin dagdagan ang trauma nila,” he said. —LDF, GMA Integrated News