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When protectors become tormentors

Update: SC issues writ of amparo in favor of kin of slain drug suspects
http://www.gmanetwork.com/news/story/597757/news/nation/sc-issues-writ-of-amparo-in-favor-of-kin-of-slain-drug-suspects

Centerlaw's Romel Bagares files the first suit against Oplan Tokhang before the Supreme Court.
Centerlaw’s Romel Bagares files the first suit against Oplan Tokhang before the Supreme Court.

There’s a part in the narration by the surviving victims of Oplan Tokhang in Payatas in Quezon City last August 21 that sends chills down one’s spine.

In the petition for Writ of Amparo filed by Centerlaw before the Supreme Court last Thursday, it related that a few days after the killings, a television reporter and his crew came to Area B, Group 9, Bgy. Payatas to interview witnesses. “However, no one agreed to speak with him or even come near him because unbeknownst to him, the police escort he took with him to the area is PO3 Allan Formilleza, one of the policemen involved in the killings.All the members of the community were terror-stricken at the sudden appearance of Formilleza that day.”

That was frightening.

We were reminded of a similar story years ago by anti-crime crusader Teresita Ang See’s about a young Filipino –Chinese boy who was a victim of a kidnap-for-ransom syndicate. She accompanied the boy and his parents to Camp Crame for questioning to help authorities find the kidnappers.

Once inside the Camp Crame office with the anti-kidnapping group, the boy became terrified. One of the officers was one of his kidnappers!

The murder of South Korean shipping executive Jee Ick-joo inside Camp Crame and the tanim-shabu video presented by Sen. Panfilo Lacson at the Senate hearing last week showed the depravity of some members of the police force, the people being paid to protect the public.

Horror stories about the Duterte administration’s Oplan Tokhang don’t get less appalling even as they have become a daily happening.

VERA Files file photo by Luis Liwanag.
VERA Files file photo by Luis Liwanag.

In the Payatas incident, one of the victims, Efren Morillo, miraculously survived. Here’s excerpts from the petition, the first filed in connection with the government’s dreaded Oplan Tokhang:

“In the afternoon of 21 August 2016, Marcelo Daa, Jr., Raffy Gabo, Anthony Comendo, Jessie Cule and Efren Morillo were in the house of their friend Marcelo Daa, Jr. at the foot of a hill in Bgy. Payatas, Quezon City. Morillo was there to collect a debt from Daa, while Daa, Gabo, Comendo and Cule were passing time until their six o’ clock workshift in the evening as garbage collectors.

“A little after one o’ clock in the afternoon, five men and two women in civilian clothes suddenly arrived. They entered the wooden gate and rushed inside the yard, startling Daa, Cule and Morillo, who were playing pool at a pool table in a hut on one side. The men pulled out short firearms and aimed them at the latter. Gripped by fear, Daa, Cule and Morillo put up their hands in surrender.

“The armed men handcuffed Daa and Morillo. They pulled electric wire from the ceiling of the hut which they used to tie Cule’s hands. They fetched Gabo and Comendo who were at the hammock at the back of the house and also tied their hands with electric wire. Then, they made Daa, Morillo, Cule, Gabo and Comendo sit side by side on a bench. The whole time, the armed men kept accusing the five captives of being involved in illegal drugs. Realizing that the armed men are policemen, Daa, Morillo, Cule, Gabo and Comendo piteously protested their innocence of any crime.

“The armed men entered the house. Cowering inside were Marcelo Daa, Jr.’s live-in partner, MaribethBartolay, and also his Aunt Ising. The armed men proceeded to ransack the house, rummaging through personal effects and furniture. They took a cellphone and tablet device they found therein. They forcedMaribeth to take off her silver necklace and rings and hand these over to them. They also took Marcelo’s collection of metals which the latter painstakingly acquired by scavenging. All the while, the armed men were laughing and mocking Maribeth and Ising: “Ilabas ‘nyona ‘yung Pokemon!Saan mo ba nilagay ‘yung Pokemon?”

“The armed men emerged from the house carrying a silver foil and a lighter in the shape of a gun. They crowed to Daa, Morillo, Cule, Gabo and Comendo that the items prove the latter’s involvement in illegal drugs. The five captives fervently denied owning the said items.

“The armed men hustled Daa, Morillo, Cule, Gabo and Comendo to the back of the house. One of the armed men took Daa and Morillo to a makeshift room at the back connected to the house, but whose two walls are missing. One opening leads to a ravine about three meters away. The armed man made Daa sit on a wooden chair and Morillo on the arm rest thereof. Then, without warning, he pointed his firearm at Morillo and shot him on the chest. Morillo fell to the ground bleeding, but he did not lose consciousness. Next, the armed man shot Daa, who fell to the ground beside Morillo. Daa was shot a second time on the head as he lay on the ground. He died.

“Lying beside Daa, Morillo played dead. When the armed man left the room, Morillo crawled out of the opening and onto the edge of the ravine. Pressing one hand over his bleeding chest, he slid down the ravine and landed on the bank of a stream at the bottom thereof. Morillo crossed the stream, trudged up the hill on the other side and walked until he reached the highway. There, providentially, he encountered an acquaintance who was the barker of a jeepney. The latter and the jeepney driver took pity on him and acceded to his request to be brought to a hospital near his home in Montalban, Rizal.

“Morillo was brought to the Montalban Infirmary in Kasiglahan Village, Rodriguez, Rizal. Unfortunately, there was no doctor on duty at the infirmary so that only first aid could be applied to his chest wound. Moreover, personnel at the infirmary reported his condition of being shot to policemen at the Community Police Action Center (COMPAC) near thereat.

“Policemen from the COMPAC went to the infirmary to see Morillo. At the latter’s behest, the policemen went to Morillo’s house in San Isidro, Montalban, Rizal to inform his mother, Victoria Morillo about what happened and take her back with them to the infirmary.

“Morillo recounted to the Montalban policemen the attack against him and his friends earlier that afternoon by policemen in Quezon City. But much to his alarm the Montalban policemen insisted that they turn him over to Quezon City Police Station 6, whose area of responsibility includes Bgy. Payatas, the place of the incident.

“Morillo pleaded not to be handed over to Station 6, insisting that he did not commit any crime and that in fact he is a victim himself. He was terrified when he realized the likelihood that the policemen who shot him and killed Daa, Cule, Gabo and Comendo are assigned at the said station. Despite his pleas, the Montalban policemen loaded Morillo in an ambulance and brought him to Quezon City Police Station 6 in Bgy. Batasan Hills, Quezon City. The only concession given him was the company of his mother Victoria in the ambulance.

“Morillo arrived by ambulance at Quezon City Police Station 6 at nine o’ clock in the evening. There he was made to wait indefinitely, the policemen unmindful of his serious wound. Morillo slipped in and out of consciousness as he lay on the ambulance stretcher. At one point, he heard a voice say: “Matibay ang bata na ‘yan. Alas tres pa may tama na, hanggang ngayon buhay pa.”

“Finally, after many pleas by his mother Victoria, the policemen transported Morillo to East Avenue Medical Center. Morillo was shot at three o’ clock in the afternoon but because the Montalban police footdragged in taking him to the hospital, he only received proper medical attention at around midnight, or nine hours later.

“Morillo survived his gunshot wound and recuperated at the East Avenue Medical Center. However, his fear for his life did not ebb because during the whole ten (10) days that he was confined at the hospital, as policemen from QCPD Police Station 6 kept him captive in his hospital room. Thankfully, officials from the Commission on Human Rights (CHR)later on arrived and rescued him from the said policemen.

“A few days after the killings, a television reporter of GMA 7, Jay Taruc, and his crew visited the place of the incident in Area B, Group 9, Bgy. Payatas and sought to interview witnesses. However, No one agreed to speak with him or even come near him because unbeknownst to him, the police escort he took with him to the area is PO3 Allan Formilleza, one of the policemen involved in the killings.All the members of the community were terror-stricken at the sudden appearance of Formilleza that day.

Respondents in the petition include the PNP itself, represented by PNP Chief Ronald dela Ros; PSSupt. Guillermo Lorenzo T. Eleazar, QCPD director; P/Supt. Lito Patay, QCPD PS 6 Station Commander; P/SI Emil S. Garcia; PO3 Allan Formilleza; PO1 James Aggarao and PO1 Melchor Navisaga and/or any of their agents.

With the help of the CHR and Centerlaw, Efren Morillo, Martino Morillo, Victoria Morillo, Ma. Belen Daa, Marla Daa, Maribeth Bartolay, Lydia Gabo, Jennifer Nicolas and Marilyn Malimban, mustered enough courage to bring the police officers to the court.

Centerlaw’s Romel Bagares said the “This Petition for the issuance of the Writ of Amparo is the Petitioners and aggrieved parties’ cry for help and protection against further violation of their constitutional and human rights to life, liberty and security.”

Published inIllegal DrugsPhilippine National Police

12 Comments

  1. chi chi

    This is scary. Ang dami ng anak ng tokhang ni Duterte: shabu planting, abduction, extortion, framing, murder…nakakapanginig sa takot nga.

    Walang kalaban-laban ang mga tao lalo pinapayagan ni Duterte na pumatay ang mga pulis sa ngalan ng kanyang drug war na ii-extend till the end of his term to justify his being in the Palace.

    Buhay na buhay ang pakiramdam ni Duterte kung meron napapatay, dun yata kumukuha ng lakas ang pangulo bukod sa fentanyl.

  2. MPRivera MPRivera

    ito ang mga pagmamalabais na inaayawan ko, ng mga pulis na matatapang lamang kapag ang inaaresto ay walang kalaban laban; mga inosenteng kahit magmakaawa ay pilit pinapaamin sa hindi nila kasalanan.

    ang galit ko sa mga ganitong uri ng mga pulis ay nagbibigay daan upang balikan ko ang nakakahiyang karanasan kung kailan nakita ko ang uri ng ating mga kapulisan.

    sometime in march 2004, bandang alas dos ng hapon, matapos ang tanghalian sa aming bahay ay naglalakad ako pabalik sa aming battalion headquarters sa busbus, jolo, sulu at habang binabagtas ko ang paakyat sa may airstrip ay nakarinig ako ng malalakas na putukan kasunod ng pagsabog sa may bandang harapan mismo ng municipal headquarters, Jolo INP. dali dali akong tinakbo ang aming kampo at walang inaksayang sandali upang ihanda ang aming alert platoon, ako noon ay naka-duty bilang NCO of the day. tumawag din ako ang mechanized back up sa 1LAB, PALAR at nagpadala sila ng dalawang APC at wala kaming inaksayang sandali at pinuntahan namin ang pinangyarihan ng putukan at pagsabog.

    ang dinatnan namin ay parang isang ghost town na walang katao tao, maging mga pulis na nakatalaga sa municipal headquarters ay wala kahit isa gayung noong ako ay lumampas ay doon sila mismo sa harap ng munisipyo nagkakatipon.

    isa isa lamang silang naglabasan mula sa loob ng minisipyo noong narinig nila ang andar ng APCs. batay sa imbestigasyon ay inambush ng kalabang grupo ang isang dating MNLF commander na masuwerteng hindi napuruhan.

    ganyan ang ugali ng mga pulis na mula noon hanggang ngayon ay hindi mawala sa aking isipan. ang tapang lamang pala ng karamihan sa kanila ay hanggang pelikula lamang. kawawa ang mga gumaganap nang totoo sa tungkulin dahil natatabunan ng masamang gawain ng iba na ginagawang tuntungan sa paggawa ng masama ay kanilang uniporme, baril at tsapa. b

    basta’t walang laban ang kaharap, labas ang tapang nila.

  3. vic vic

    Ellen, there is now a proposal that all (the pilot project was quite a success) that all Constables on Patrol or COPs must equipped themselves with selfmounted audio/video recording that can not be overridden duration of their duty. Right now only the Patrol cars so equipped.

    Two days ago, the Chief released the reports by the Task Force on how to improve the Police Services and one among the recommendations is to do more “walking” patrols to interact more with the public to improve the image. And Lately many cases involving drugs were dismissed by the Courts because of Aggressive Police tactics in apprehending Traffickers. (Possession for personal use is no longer a criminal offense, only for trafficking and there is already an established test handed down by the SC for the COPs and the Court to figure out which is which..in a very famous case of R v. Oakes..which is famously known as the Oakes Test..

  4. jcj2013 jcj2013

    Sinabi na rin naman ng siraulong pangulo noong panahon ng kampanya na magiging madugo ang kanyang pamamahala sa bansa kung siya’y mananalo.At yan na nga ang kanyang ginagawa sa ngayon. Kaya huwag tayong magpakatiwala sa anunsyo kahapon na suspendido pansamantala ang kanyang madugong drug war. Pautot lamang ito ng siraulong pangulo dahil nawarat siya sa murder kidnapping case ng Koreano. Sooner or later, tuloy na naman ang katayan. Salamat sa 16M uto-uto na nagluklok sa siraulong pangulo na nakaupo ngayon sa palasyo.

  5. Update:

    SC issues writ of amparo in favor of kin of slain drug suspects
    Published January 31, 2017 3:34pm
    Updated January 31, 2017 4:35pm
    By VIRGIL LOPEZ, GMA News

    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.

    – See more at: http://www.gmanetwork.com/news/story/597757/news/nation/sc-issues-writ-of-amparo-in-favor-of-kin-of-slain-drug-suspects#sthash.VV6rfLoK.dpuf

  6. MPRivera MPRivera

    #5. jcj2013, move on. wala na ngang ginawang matino ang patron saint ngoyngoy mo, eh. puro tae ang iniwan na nililinis lamang ng kasalukuyang administrasyon.

    lumala ang droga, nagkaroon pa nga ng laboratoryo sa bilibid noong panahon niya, di ba? alam ‘yun ni Lady L na bisita ng mga kubol sa madaling araw.

    nagkataon nga lamang na mali ang naging approach ni PDigong dahil akala niya ay kaya niyang lipulin ang drugs sa loob ng maikling panahon pero dahil talamak nga at mga pulis na inutusan ay remnants ng administrasyon ng iyong idolo, ayun andaming napatay na ang karamihan ay karatula killings courtesy of vigilantes na miyembro ng drug syndicates.

    ang mga pulis na sangkot sa summary killings ay hindi recruit kahapon lamang. mga PO1 hanggang PO3, kaninong administrasyon yan galing, sa palagay mo?

    i supported war on drugs BUT not the way rogue cops implemented it.

  7. Kalokohan yung vigilante killings hindi ako naniniwalang hindi pulis gumawa non. Starting yesterday after Duterte announced the suspension of the war on drugs, ZERO killings ang vigilante-style. Alam na this.

  8. Centerlaw statement on the move by the Supreme Court to grant temporary protection to its clients in the Writ of Amparo case against Tokhang

    We thank the Supreme Court for acting with dispatch on our petition for the issuance of the privilege of the writ of amparo against tokhang operations being implemented by the Philippine National Police and the Quezon City Police District.

    This shows that 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. It bears noting that the suspension of tokhang operations by the Philippine National Police came right after this petition was filed with the Supreme Court.

    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.

  9. MPRivera MPRivera

    # 8. tongue, ay mga pulis moonlighting as vigilantes yun, ih. pero sila ay mga galamay din ng sindikato at sila ang mga pumapatay, ey. inililigpit nila ang mga sa pakiramdam nila ay magngunguso sa kanilang ilegal na gawaeyn.

    kung hindi baga naman, ay bakin nga nang magbaba ng order na tigil ang OPLAN POKWANG este Tokhang ay natigil ang mga patayan, di ga?

    tanong ko la’ang ay are – tulad na la”ang si Sta. Isabel na ang yaman ay sobrang 20 milyong piso samantalang ang ranggo ay SuPOt3 la’ang, ay iyun ga kaya ay hindi noong mga nakaraang presidente pa niya ang tarbaho ang pangongotong at pagpatong sa iligal?

    ako”y nagtatanong la’ang, hane?

    lamig la’ang nang kaunte at alagaan ang puso, ha?

  10. Haba na ng na-type ko sa cellphone na reply ko sa yo, Mags. Putris, sa bagal ko pumindot, inabot ako ng shutoff. Ubos battery kakalaro sa cell. Di ko na maalala sagot ko kagabi. Hahaha.

    *****************

    Tama si Ellen, paatras talaga yung DFA. Nagpaschedule yung anak ko para sa passport niya pag cadetship niya abroad. Pinakamaagang schedule na nakuha – APRIL 4! Halos 3 months ang delay!

    Halos isang semester ang natapon. Buti sana’t maaga niyang natapos academics niya (graduated from college at 17!)

    Kaya sa mga OFWs, lalo na yung mag-eexpire ang passport bago magbakasyon sa Pinas, agahan ninyo ang renewal baka matapon lang bakasyon ninyo.

    Hindi ko na pasasamain ang loob ninyo dahil hindi ko na sasabihin na dadagdagan na kayo ng 12% VAT sa money remittance bilang thank you sa inyo ni Duterte. Hihihi.

    May naghihintay din sa inyong P6/liter excise tax per liter ng gasolina/diesel. Di ko alam sa LPG. Pero sa ngayon nasa P610 na ang isang tangke, wala pang excise tax. Last year nasa P450 na lang ang 11-kg tank ng LPG.

  11. MPRivera MPRivera

    tongue, ay huwag mo nga ako ginugudtaym, salbahe ka.

    ala’y isipin mo yung mga tinayp mo sa selpon mo. gamitin mo nga ayang pornographic mind mo, ah.

    heheheh!

    oy, 17 lang ang anak mo, hindi pa puwede ma-employ iyan. baka ika’y makassuhan ng CHR ng eksployteysiyon op maynor san op yur bits.

    tongratyuleysiyon! mana sa kapitbahay ang anak mo. dyinyus!

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