Court of Appeals rules protection order on survivor of killing is permanent

February 11, 2017

The Court of Appeals decided to make permanent a writ of amparo in favor of families of four victims of extralegal killings and one survivor.

“There being no dispute that the allegations in the petition are supported by substantial evidence, the privilege of the writ is granted,” the Court of Appeals said in its resolution on Friday.

In a unanimous decision, the appellate court said the prohibition from entering within a radius of one kilometer from the residences and work addresses of the petitioners shall cover respondents Senior Inspector  Emil S. Garcia, P03 Allan Formilleza, P01 James Aggarao and P01 Melchor Navisaga and any of their agents.

Garcia, Formilleza, Aggarao and Navisaga shall be reassigned to police office outside Quezon City and Montalban, Rizal, the court said.

Efren Morillo, the survivor of the shooting incident on August 21, 2016 remains under the protection of the Commission on Human Rights.

The court said the implementation of Oplan Tokhang “shall remain suspended with respect to the petitioners.”

The Office of the Solicitor General did not object to the decision, which is the first legal challenge to the government’s anti-drug program. The court ordered Philippine National Police Director General Ronald Dela Rosa and e Chief Superintendent Guillermo Lorenzo Eleazar to “directly ensure that the prohibitions and protective measures hereinabove provided are fully complied with.”

The PNP’s Directorate for Investigation and Detective Management shall furnish the petitioners  “a copy of the results of the investigation of the incident which resulted to the death of Messrs. Marcelo Daa, Jr., Raffy Gabo, Anthony Comendo, and Jessie Cule and frustrated killing of Efren Morillo on 21 August 2016 at Group 9, Barangay Bagong Silangan, Quezon City pursuant to a memorandum issued by PDG Ronald Dela Rosa on 1 February 2017,” the court said. DMS