Group warns: Duterte drug war rules can still be used by police

MANILA, Philippines – The policies that shaped the war on drugs of the Duterte administration remain fully active and can still be weaponized under the current administration unless revoked by the Supreme Court.

In a newly filed Manifestation and Urgent Motion for Resolution, the Center for International Law (CenterLaw) representing Sr. Ma. Juanita R. Daño, RGS, RSW, and other petitioners said PNP CMC No. 16-2016, as amended by CMC No. 01-2017, and DILG MC No. 2017-112 have not been modified, suspended or revoked.

PNP CMC No. 16-2016 known as the Project “Double Barrel” was issued by former Philippine National Police (PNP) Chief Ronald “Bato” dela Rosa. Through this, the police did a house-to-house visitation strategy, knocking and pleading with suspected drug users and pushers to surrender and sign voluntary undertakings.

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On the other hand, CMC No. 01-2017 is the amendment of Project Double Barrel. This amendment re-focused police efforts towards clearing barangays and strengthening community-based rehabilitation programs. Meanwhile, DILG Memorandum Circular 2-17-112 has placed community-level reporting mechanisms where citizens can anonymously submit names of suspected drug personalities.

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The petition to revoke these three circulars was filed almost ten years ago by the CenterLaw and the Free Legal Assistance Group (FLAG). CenterLaw previously petitioned the High Court for a writ of amparo to shield the residents of 26 barangays in San Andres Bukid, Manila, while FLAG pushed to declare the PNP “Oplan Double Barrel” unconstitutional.

Petitioners emphasize that the legal controversy has outlived the administration that initiated it.

“Consequently, the challenged ‘war on drugs’ issuances continue to form part of the existing regulatory framework governing police operations,” the petition stated.

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“The unrevoked issuances can still be used by police officers as sources of dubious rules for their operations and invoke them as basis of legal defense in the event of fatality occurrences reminiscent of the drug war years,” read the newly filed Manifestation.

At the same time, petitioners also renewed their call for the issuance of a writ of amparo as they noted that the rising wave of online and physical intimidation targeting the families of victims, specifically triggered by the unfolding international prosecution of former President Rodrigo R. Duterte before the International Criminal Court (ICC).

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“Moreover, there is renewed urgency for their prayer for the privilege of the writ of amparo given the rise of systematic disinformation, ‘fake’ news, propaganda and other forms of harassment against the families and communities of the murdered ‘war on drugs’ victims, especially brought about by the prosecution of former President Rodrigo R. Duterte before the International Criminal Court,” the petitioners manifested to the High Court.

They urged the Supreme Court to acknowledge that executive transitions do not absolve the state of judicial review. They argued that the case directly fits the well-established exceptions for resolving supposedly moot issues, citing severe violations of the Constitution, paramount public interest, and the fact that the policies are capable of repetition while evading review.

“Therefore, Petitioners beg this High Court’s solemn constitutional duty and respectfully pray, on this 10th year commemoration of the bloody ‘war on drugs’, that the Honorable Supreme Court judicially declare and place on the historical record that the Philippine ‘war on drugs’ happened, that its policy was extrajudicial/extralegal killings of mere suspects and that the ‘war on drugs’ was unconstitutional,” the manifestation read.

By formally resolving the case, the survivors note, the Supreme Court has a definitive opportunity to demonstrate the integrity of domestic remedies.

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“These judicial declarations by the Honorable Supreme Court will lend credence to the assertion that the Philippines has a working judicial system,” CenterLaw asserted. “And only through such a definitive ruling can this High Court fully discharge its sacred mandate, vindicate the Constitution, and ensure that never again shall the fundamental rights to life, liberty, and security of every Filipino be sacrificed at the altar of violent and oppressive governance.” /jpv