Solicitor General claims petitions vs war on drugs “moves to destabilize Duterte administration”

November 28, 2017

Solicitor General Jose Calida on Tuesday urged the Supreme Court to dismiss petitions from lawyers and human rights groups against the administration's war on drugs, saying the government is not tolerating killings of drug suspects.

Calida, in oral arguments before the High Tribunal, said petitions filed last month by human rights groups Free Legal Assistance Group (FLAG) and Center for International Law (CenterLaw) are "disingenuous moves to destabilize the Duterte administration and sow anarchy."

According to Calida, the petitions seeking to stop the implementation of Philippine National Police Command Memorandum Circular No. 16-2016 or "Oplan Double Barrel" and Department of Interior and Local Government’s (DILG) Memorandum Circular 2017-112 or the “Masa Masid” project, if granted, could be detrimental to the government and even pose grave threats to the nation.

"The petitions intend to drive a wedge between the President on the one hand, and the PNP and DILG on the other, inciting disobedience to the Chief Executive and depriving him of his powers and prerogatives; and emasculate the government’s police powers by rendering inutile the PNP’s sworn mandate to enforce the law and maintain peace and order. The Court should not let these happen because they will have long-term, catastrophic effects on the nation’s stability and security," the Solicitor General told the  justices.

Calida invoked the power of the executive branch to implement its programs. He warned granting the petitions would be like undue interference with the operations of a co-equal branch.

He said the assailed orders  are consistent with the Constitution and both domestic and international laws. Calida said the anti-drug war has achieved its purpose.

"Under Project Tokhang, 8,247,489 houses were visited and 1,262,188 drug personalities have voluntarily surrendered. This is unprecedented," he said.

The chief state lawyer also disputed the assertion of petitioners that Plan Double Barrel and Masa Masid both violate constitutional right to due process, right to privacy, right against unreasonable search and seizure and right to be presumed innocent until proven guilty.

Philippine National Police Director General Ronald de la Rosa echoed this as he  faced the justices during interpellation.

When asked by Associate Justice Marvic Leonen if he ever gave an order to the policemen to kill the drug suspects during Tokhang operations, De la Rosa replied: "Never. 'Neutralize' means arrest, having the suspect surrender or killing suspect only at the very extreme situation as a result of legitimate police operations."

Dela Rosa assured the SC justices that the cases of killings are being investigated. DMS