SC orders gov’t to submit all records of the Duterte administration war on drugs

April 3, 2018

The Supreme Court on Tuesday ordered the government, through Solicitor General Jose Calida, to submit all records and documents of the Duterte administration's war on drugs within 15 days.

SC spokesperson Theodore Te said this came after the High Tribunal dismissed Calida’s motion for reconsideration during the start of its yearly summer session in Baguio City.

"The Court denied the Solicitor General’s motion for reconsideration of the Court’s Order dated December 5, 2017 and directed the respondents to comply with the said order by submitting the required reports within a period of fifteen days from notice,’ Te said in a media briefing.

On December 5, 2017, the SC ordered the Office of the Solicitor General to submit within 60 days documents, including the list of persons killed in legitimate police operations from July 1, 2016 to November 30, 2017, list of deaths under investigation from July 1, 2016 to November 30, 2017, list of Chinese and Filipino-Chinese drug lords who have been neutralized, list of drugs involved whether shabu, cocaine, marijuana, opioids, etc., comparative tables in index crimes, statistics of internal cleansing within the police force  drug watchlists in affected areas.

The tribunal also directed the OSG to submit the list of warrants and warrantless arrests in high value target police operations and the list of cases under investigation under the PNP Internal Affairs Service.

The SC issued the order after it ended the oral arguments on the petitions questioning the legal basis of the government’s anti-drug war.

In his motion for reconsideration, Calida said submitting records “would not only compromise ongoing police anti-drug operations but likewise put at risk the lives of informants who provide such information."

Calida said the right to information, including rights to official records, is not absolute and that the Constitution provides that the people's right to know is limited to "matters of public concern. "

The oral arguments stemmed from the petition filed by the Center for International Law (CenterLaw) seeking the issuance of a writ of amparo to protect the residents of 26 barangays in San Andres Bukid, Manila City against the government’s anti-illegal drug war.

On the other hand, the petition filed by the Free Legal Assistance Group (FLAG) asked the high court to declare as unconstitutional PNP’s CMC 16-2016, or “Oplan Double Barrel,” which it said allows the police to “neutralize” suspected drug pushers instead of arresting and prosecuting them. DMS