• - • ', r, i ' '· Republic of the Philippines SUPREME COURT Manila ' ·~· •• 2Dl ., i'"'"'··rI .. IJfv~, j : I I. •.. -,,,,,.,. ~-""• ·~ ...... " J '• ,r"" ...... r I··1 / ll l"""' AILEEN ALMORA, JEFFERSON SORIANO, and ROWENA APARRI, Petitioners, G.R. No. -versus DIRECTOR GENERAL RONALD DELA ROSA, in his capacity as Chief of the Philippine National Police, and all officers, agents, or other persons acting under his authority and supervision; and HON. CATALINO CUY, in his capacity as Officer-in-Charge of the Department of the Interior and Local Goven11nent, and all officers, agents, or other persons acting under his authority and supervision 2 ..1')/~0~,q ~ '-1 "' ., [FOR: WRITS OF AlvIPARO, INJUNCTION, AND PROHIBITION, TEMPORARY PROTECTION ORDER, AND TEMPORARY RESTRAINING ORDER] Respondents. x:---------------------------------------------x: PETITION PETITIONERS, by counsel, to this Honorable Court respectfully state that: '" Preliminary Statement . The all-out W€1T on illegal drugs being waged by the Philippine National Police is patently illegal and grossly m1constitutional. It originates from a command memorandum circular that expressly authorizes summary executions and home invasions in violation of the Constitution and the law. It has transformed the PNP from a law enforcement agency into a gestapo force that compiles lists of suspected criminals and targets them for "neutralization" and "negation". Unless this Honorable Court intervenes, the killings will continue and the rule of law itself will be supplanted by 'justice" from the barrel of a gun. PNP Command Memorandum Circular No. 16-2016, wlhich Director General Ronald de la Rosa issued on his first day of office-as PNP Chief, lays down a "double barrel" approach to combating illegal drugs. The first barrel, known as PROJECT TOK.HANG, involves the conduct of house to 2 house visitations purportedly to "persuade" illegal drug personalities to stop their illegal dn1g activities and orders the "'negation" those who deny the visits or re:fose to be persuaded. The second bmTel, known as PROJECT HIGH VALUE TARGET, directs the "neutralization" of illegal drug personalities. Both barrels do away with the basic police duty to gather evidence for the arrest and prosecution of offenders, and replace it with the compilation of "watch lists, tnrget lists, and wanted lists" based on names supplied by bm·angay officials and drug enforcement agencies. of Based on these lists of names, CMC 16-2016 contains a direct command to the police to "11eg.traliz.e" (as in kill) suspected drug personalities instead of rnTesting and prosecuting them; and to conduct "house to house visits" and "negate" those who deny the visits or refuse to cooperate with the police visitors: • "This Command Memorandum Circular sets fo1ih the general guidelines, procedures and tasks of police offices/units/stations in the conduct of the Philippine National Police (PNP) Anti-Illegal Drugs Campaign Plan-·PROJECT: DOUBLE BARREL" in support to the Barangay Drug Clearing Strategy of the government and the neutralization ofil(ega/ drug personalities nationwide." 1 [emphasis added]; e "The PNP intends to equally address illegal drug problems in the barangays and at the same time pursue the 11eutralizatio11 o(illegal drug l!ersonalities as well as the backbone of illegal dn1gs network operating in the country"2 [emphasis added]; • "Assist in the neutr..t:!li:z.atiofl..P.i..Jl[J!J!J:LOUQS/ personalities ... " [emphasis added]; • "Conduct intensified anti-illegal drugs. operations through the respective Chiefs of Police and the Anti-Illegal Drug Units in the clearing of drug affected barangays by focusing 011 the !J&Utralization o[str.get lel!J!l r!J:J1J:Jl.f.I~alities in tile AOR',4 [emphasis added]; e Any person suspected to be involved in illegal drug trafficking who denies or refuses the house to house visitation shall be ,_ 1 3 PNP Command Memorandum Circular No. 16-2016, pp. 1-2, attached as an integral part of this Petition as Annex "A". 2 Id. atp. 3. 3 Id. at p. 12. 4 Id. at p. 15. 3 r referred to the Anti-Illegal Drug Units for immediate case build5 up and negation [emphasis added]; • [Focus Teams - tasks:] "Neutralize High value and street level targets to include their support systems (Drug Lords, their protectors, coddlers and supporters )''6 [emphasis added]; • "Continuous conduct of house visitations and referrals for documentation, rehabilitation and negation" [emphasis added]. 7 The tenn "neutralization" has no counterpart in law. To petitioners' knowledge it is not defined in the PNP Manual of Operations or in any official PNP document. But in official PNP reports and police parlance-as admitted by PNP Chief de la Rosa-"neutralize" means to kill: I _:'. 'NEUTRALIZED IS BETTER' -PNP ditches 'killed' term in Oplan Double BmTel report The Philippine National Police (PNP) has removed the term "killed" in its latest update on the number of drug suspects slain in police operation. The PNP' s update on the progress of its Oplan Double Barrel on Tuesday used the word "neutralizelf' instead. xxx In its latest ]·eport on Oplan Double Ban-el, the PNP said a total of 1,661 dn'.1g suspects have been "neutralized" and 29 ,910 have been arrested in 31,215 operations conducted from July l to 6 a.111. of October 18. 8 f *** Philippine National Police chief Director General Ronald de la Rosa on Wednesday said he received reports that generals involved in illegal drugs are now raising bounty to have him neutralized. Dela Rosa said he is having the report validated. 5 Id. at p. 5. Id. at p. 16. 7 Id. at Annex A- "Stages of Project Tokhang" ofCMC 16-2016. 8 . Arnita Legaspi, 'Neutralized is better': PNP ditches 'ldlled' term in Op/an Double ····'·Barre/report; GMANews, 18 October2016, http://www.gmanetwork.com/news/story/585408/news/nation/pnp-ditches-killed-term-inoplan-double-barrel-report. 6 4 "Balita ko lang na pinpondohan kami. Tsismis lang naman yung narinig ko. Bine-verify pa ... ," he told reporters at the sideliries of the Asian Defence> Security, and Crisis Management Exhibition and Conference in Pasay City. "We have received information na itong heneral na mayayaman na ito nakapag-ipon na ng pera ay pinopolldollall na kami para ma-11eutralize," he said.9 *** "Mas ipa-priorit[ize] ko 'yung pulis na nangungurakot sa inyo, ipa-priorit[ize] ko silang i-neutralize. I will neutralize them kaya warning ito sa mga pulis natin na umiikot diyan, ginagamit yung war on drugs para sa pangongotong. I will break vour neck, babalii11 ko yung leeg ninyo, literally, literally 'yan, tignan natin," he said. 10 l - CMC 16-2016 is also unique because it replaces the police duty to gather evidence with the ftmction of compiling lists of "illegal drug personalities." CMC 16-2016, in effect, establishes a nationwide system of compulsory informants very much like the dreaded Kempeitai and Gestapo during the Second World War. Once a person's name appears on the listwhether justified or not-he or she becomes an "illegal drug personality" who should be "neutralized" or "negated". As the mother circular on the PNP's "War on Dn1gs", CMC 16-2016 has tainted all subsequent issuances that operationaliZe that so-called war. Even assuming that CMC 16-2016 has been amended or watered down by subsequent issuances, the PNP has abdicated its law enforcement functions and shown a wanton disregard for basic human rights and due process in its War on Dn1gs that requires judicial intervention. On 29 August 2017, the Department of the h1terior and Local Government (DILG) issued Memorandum Circular No. 2017-112 entitled "Revised Guidelines on the Implementation of Mamamayang Ayaw sa Anomalya, Mamamayang Ayaw sa Iligal naDroga (MASANlASID)." This circular requires all cities, municipalities and barangays to establish a system of reporting suspected illegal drug personalities through "hotlines, drop box, 9 Arnita Legaspi, PNP chief" Generals involved in drugs raising bounty to neutralize me, GMA News, 28 September 2016, http://www.gmanetwork.com/news/story/583055/news/nation/pnp-chief:@neralsinvolved-iri-drugs-raising-bountv-to-neutralize-me. 10 Arnita Legaspi, Bato warns extorting cops: I'll break your necks, literally, GMA News, 14 November2016, http://www.gmanetwork.com/news/story/588761/news/nation/bato-wams-extorting-copsi-ll-break-your-necks-lit~rally#sthasl).. WZTUrdRa.dpuf. 5 _,. electronic mail, short message service (S:NIS)" and direct reporting to socalled ''MASA MASID Groups.'' Drop boxes like the one below have reportedly been put up in s01ne barangays: '1.~·I'.\'~·-~·~. ·- 1\T~~i'.~?P 0LI c"''E~ TAT ION fl) c.oor<;lil)atiol) l:!.ARAN<'iAY ------ ( wit!) YALENClf> !PNP PROJECT DOUBLE BARREL~ Orop !)ere Qantes of SOSPECTEO ILLEGAL DROG PUSHERS/USllER5 let's work to11tbe1 for :: ................ 1 f) ......l~,.. DRnG Bmoiay'J· .... ,.,,,.,,fRH ....... ,..... " .. ·· .-.. ~-··"-··~- :~·,,.,,_ While encouraging citizens to report crimes is perfectly legal, MC 2017-112 is not about reporting crimes - it is about compiling names of purported criminals. There is a big difference between the reporting of crimes and the reporting of suspected criminals. The reporting of crimes is done by witnesses who have knowledge of criminal activity. The reporting of alleged criminals can be done by anyone who suspects, rightly or wrongly, that another person is a criminal. So long as the info1mant believes that another person is a criminal, he or she can submit that person's name even if the belief is based on mere conjecture or speculation. A system of anonymous reporting, moreover, allows anyone-even one who merely holds a personal or political grudge against another-to submit the name of his or her enemy and brand them a ciiminal. By establishing a system of anonymous reporting of suspected criminals, MC 2017-112 violates the right to due process of law and to be presmned innocent. It also supplants the duty · of the police to gather evidence with the function of compiling names of suspected criminals without any safeguards for protecting innocent persons. Petitioners AILEEN ALMORA, JEFFERSON SORIAl\f0, and ROWENA APARRI are directly aggrieved by the respondents' "War on Dn1gs." On July 28, 2016, Petitioner AILEEN ALMORA's brother, RYAN DAVE T. ALMORA, was killed in a warrantless home invasion under PROJECT TOK.HANG in Baguio City. On September 13, 2016, Petitioner ROWENA APARRI's son, REX APARRl, was killed by in a similar warrantless home invasion by policemen implementing the PNP' s "War on Dn1gs." On June 17, 2017, petitioner JEFFERSON SORIANO was shot thrice in Barangay Holy Spirit, Quezon City, days after he was picked up and interrogated by police regarding the whereabouts of a known drug pusher in the community. Hence this petition. G I. Nature of Petition 1. Prohibition, h1junction, and Temponµy Restraining Order. - Petitioners seek a writ of prohibition under Rule 65 of the Rules of Court, and a writ of injm1Ction and temporary restraining order under Rule 58 thereof, to prohibit, enjoin and restrain respondents, and any of their agents, representatives, or assigns, and any other persons acting under their authority or supervision, from implementing or enforcing the following: a. Philippine National Police (PNP) Command Memorandum Circular No. 16-2016 dated July 1, 2016 issued by respondent PNP Chief Ronald de la Rosa and any similar issuances; - b. All other circulars, instructions, and/or directives emanating or derived from CMC 16-2016, and/or implementing President Rodrigo Roa Duterte's verbal pronouncement to rid the country of illegal drugs; c. Any instructions, commands, or utterances of President Rodrigo. Roa Duterte to the PNP in relation to the war on drugG that are not in writing and do not conform to Book III, Tide I, Chapter 2 of Executive Order No. 292 on the President's ordinance power; d. DILG MC 2017-112 and all other circulars, instructions and/or directives emanating or derived from it. 2. Amparo. -Petitioners seek a writ of amparo tmder A.M. No. 07-9-12SC (The Rule on the Writ of Amparo) a. Recognizing that the killings of RYAN DAVE T. ALMORA and REX APARRI are extralegal killings coveredl by the Rule on the Writ of Amparo; and that the shooting of JEFFERSON SORIANO is likewise covered by the Rule on the Writ of Amparo because it violated. his right to life, liberty and security, and constitutes a continuing threat thereto; b. Holding the PNP, through the PNP Chief, directly responsible for the disclosure of material facts known to the government and to their offices regarding the extralegal killings of RYAN DAVET. ALMORA and REX APARRI, and the shooting of JEFFERSON SORIANO, and for the conduct of proper investigations using extraordinary diligence, with the obligation . to show investigation results acceptable to this Court within sixty (60) days from notice; 7 c. Directing the respondents to submit (i) the firearms allegedly used by RYAN DAVE ALMORA and REX APARRI to the National Bureau of Investigation (NBI) for forensic examination and safekeeping, and (ii) the fireanns discharged by the police in the cases of RYAN DAVE ALMORA and REX APARRI to the NBI for forensic examination~ d. Directing the NBI to conduct a thorough and impartial investigation into the the deaths of RYAN DAVE ALMORA and REX APARRI and the shooting of JEFFERSON SORIANO, and to submit an investigation report to the Court (or to the Court of Appeals or such other court designated by this Court) within six (6) months from notice; e. Requiring, in all cases of "nanlaban," i.e., cases where persons are killed while under police custody and the police claim that the killing was justified, that the police officers involved submit (a) the fireann/s allegedly used by the deceased to the NBI for forensic examination and safekeeping, and (b) the: firearm/s that the police discharged to the NBI for forensic examination; f. Requiring the Inten1al Affairs Service (IAS) and/or the National Police Commission (NAPOLCOM) to submit a monthly report to the Court on the number of persons killed while lmder police custody, the names of the PNP 1nembers involved, the status of their investigation and/or prosecution, the serial nmnbers and descriptions of the firearms allegedly used by the deceased and the police, the place where the firearms are being kept, and. the name/s and address/es of the custodian of the firearms; g. Issuing temporary protection orders to protect petitioners and the members of their immediate families from being harassed, arrested, threatened, hatmed or killed by the respondents and/or any all officers, agents, or other persons acting under their authority or supervision~ and from being included in dn1g lists, watch lists, wanted lists, or similar lists of illegal drug or criminal personalities; and after due proceedings, to render judgment making the protection orders permanent; and h. Requiring that the above-mentioned obligations on the part of the PNP shall be directly enforceable against who ever may be the incumbent Chief of the Philippine National Police lmder pain of contempt from this Court when the initiatives ru1d efforts at disclosure and investigation constitute less than the extraordinary diligence that the Rule on the Writ of Amparo and the circumstances of this,case demand. 1 I \ .. 8 '-~ II. 3. Petitioners' Capacity to Parties S~1e. - a. Petitioner All.BEN ALMORA is Filipina, of age:, and resides at UP Village, Diliman, Quezon City. She may be served with notices, processes and other court documents through undersigned counsel. b. Petitioner JEFFERSON SORIANO is Filipino, of age, and resides at No. 74 Sto. Rosario Street, Barangay Holy Spirit, Quezon City. He may be served with notices, processes and other court documents through 1mdersigned colmsel. c. Petitioner ROWENA APARRI is Filipina, of age:, and resides at Purok 3, Isla Puting Bato, Brgy. 20, Tondo, Manila. She may be served with notices, processes and other court documents through undersigned counsel. 4. Respondents' Capacity to be Sued. (a) Respondent DIRECTOR GENERAL RONALD DE LA ROSA is being sued in his capacity as Chief of the Philippine National Police (PNP). He may be served with summons, notices and other court processes at the Philippine National Police Headquarters, Camp Crame, Quezon City, and/or through the Office of the Solicitor General, OSG Building, 134 Amorsolo St., Legaspi Village, Makati City 1229, Metro Manila. (b) Respondent HON. CATALINO CUY is being sued in in his capacity as Officer-in-Charge of the Department of the Interior and Local Govenunent (DILG). He may be served with summons, notices and other court processes at the DILG NAPOLCOM Center, EDSA con1er Quezon Avenue, Quezon City, and/or through the Office of the Solicitor General, OSG Building, 134 Amorsolo St., Legaspi Village, Makati City 1229, Metro Manila. III. Facts 5. Verbal campaig_n promise. During Iris campaign, then presidential candidate RODRIGO ROA DUTERTE publicly declared that if elected President, he would rid the countty of illegal drugs, crime, and corruption within six (6) months from assuming office: 9 "I propose tliat if I am president, I would get rid of criminality, drugs, and corruptio11, just give me tlzree to six montlts and I will do it/ BARANGAY \=m Drop PROJECT l)ere 7~· wit:i-> VALENCIA ooasLE BARRH oames of P_ f.i SUSPECTED ILLEGAL DRUG PUSHERS/USHERS Ifie. 01:-- . .~. let's work together for a DRUG FREE Bmo~ay'f ~ ........ ~: .,.. ·:· ...-.."'ll·'•··.i"~····Jr;.'';. .. ,...,~,.... ,., .... ,..,: ...:···::"'" , ................ •' . - .. A certified true copy ofDILG MC 2017-112 is attached as an integral part of this Petition as Annex "K." 20. Hence this petition. IV. Reasons Relied Upon A. T/1e PNP's "War 011 Drugs" as operatio11alized by CMC 16-2016 violates tlte rigltt to life, to due process of law, to bepresumed ilu10ce11t and to a fair trial by expressly autlzorizing tllie summary killing ofsuspected drug offenders in tile gui~ve of "ne1'1tralizi,ng" or "1zegating" tliem. ' B. Tlie PNP's "War 011 Drugs" violates tile riglzt to due process of law, to be presumed innocent, and to a fair trial by doing away wit/1 tile basic police duty of evidence-gatliering a11d case build-up a11d replacing it witll tlte compilation oflists of names ofsuspected criminals supplied by barangay officials for tile purpose of "'neutralizing" and "negating" them. C. Tile l1ouse to lzouse visits being conducted by tlze PNP are unco11stitutional because (i) they are not limited to so-called "drug personalities"; (ii) tlieir real purpose is not to "persuade" drug offenders "to stop their illegal activities" but ratlzer to kill or "negate" tliose wllo refuse to be persuaded as well as tllose wlw delly involvement in criminal activity; and (iii) they ar.e based 011 the furtive fingers of unk1ww11 informants. 23 D. The PNP's "f,Jlar 011 Drugs" has 110 legal basis because it is based on a mere verbal campaign promise by then candidate Rodrigo Duterte "to get rid of illegal drugs" witliin tile first six months of his term. E. Tile thousands of alleged "nanlaban" cases (including those of petitioners' relatives RYAN DAVE ALJJfORA and REX AP.ARRI) wltere persons in police custody were ldlled allegedly because tlley resisted or fougllt back deserve judicial i11terve11tio11. The police should be required to submit all firearms involved in tile killings to tfte l\TBI for forensic examination. The NB! should be designated as the evidence custodian of all firearms allegedly used by the deceased in all "11anlaban" cases. The IAS and NAPOLCOM should be required to submit a monthly report to the Court on tile status of tile investigation of all "nanlaban" cases, tile names of tlte police officers involved, the serial numbers and descriptions of the firearms allegedly used by tile deceased and those discharged by tile police. J?. By establishing a systeni of anonymous reporting of suspected drug pushers and addicts, DILG MC 201' 7-112 violates the right to due process of law and to be presumed innocent. V. Disc.!!§.§i.Q!! A. Tile PNP's "War 011 Drugs" as operationalized by CJJ1C 16-2016 violates tlte right to life, to due process of law, to be presumed innocent . and to a fair trial by expressly authorizing the summary killing of suspected drug offe11ders in the guise of "neutralizing'' 01· "negating" them~ 21. CMC 16-2016 contains a direct command to the police to "neutralize" and "negate" suspected dn1g personalities: (l) 49 "This Command Memorandum Circular sets forth the general guidelines, procedtu-es and tasks of police offices/units/stations in the conduct of the Philippine National Police (PNP) Anti-Illegal Drugs Campaign Plan - PROJECT: DOUBLE BARREL" in supp01t to the Barangay Drug Cleming Strategy of the government and the !~eutraliza{iO!l ofillegal drugJ!_~rso11alities nationwide,." [emphasis added]; 9 PNP Command Memorandum Circular No. 16-2016, pp. 1~2. 24 o "The PNP intends to equally address illegal dn1g problems in the barangays and at the same time pursue the neutralization of illegal drug personalities as well as the backbone of illegal drugs network operating in the country" [emphasis added]; 50 . • "Any person suspected to be involved in illegal dn1g trafficking who denies or refuses the house to house visitation shall be refeffed to the Anti-Illegal Drug Units for immediate case buildup and negation" [emphasis added]; 51 • IG: xxx "b) Assist in the neutralization of drug . . . . 52 groups/personaht1es ... ;" · • "Conduct intensified anti-illegal drugs operations through the respective Chiefs of Police and the Anti-Illegal Drug Units in the clearing of drug affected barangays by focusing on the neutralization o[stre~t level drug versonalities in the AOR" [emphasis added]; 53 • Focus Teams: xxx "b) Neutralize Iliglt value and street level targets to include their support systems (Drug Lords, their protectors, codcllers and supporters)" [emphasis added.]; 54 • "Continuous cond'uct of house visitations and referrals for documentation, rehabilitation and negation" [emphasis added]. 55 22. The term "neutralization" has no counterpart in law; but it has been used in official PNP documents and by PNP Chief Ronald dela Rosa as a euphemism for killing: 'NEUTRALIZED IS BETTER' - PNP ditches 'killed' term in Oplan Double Barrel report The Philippine National Police (PNP) has removed the term "killed" in its latest update on the number of drug suspects slain in police operation. 50 at p. 3. 51 at p. at p. at p. at p. Id. Id. 52 . . . ld ...•.• ······.53 . Id. 54 Id. 55 Id. 5. 12. 15. 16. Annex A- "Stages of Project Toichang" of CMC 16-2016. l 25 The PNP's update on the progress of its Oplan Double Barrel on Tuesday used the word "neutralized'' instead. (emphasis added) xxx In its latest repo1i on Oplan Double Barrel~ the PNP said a total of 1,661 drug suspects have been "neutralized'' and 29,910 have been arrested in 31,215 operations conducted from 56 July 1. to 6 a.m. of October 18. (emphasis added) *** Philippine National Police chief Director General Ronald de la Rosa on Wednesday said he received reports that generals · involved in illegal drugs are now raising bounty to have him 11eutralized. Dela Rosa said he is having the report validated. (emphasis added) "Balita ko lang na pinpondohan kami. Tsismis lang naman yung narinig ko. Bine-verify pa ... ,'~ he told reporters at the sidelines of the Asian Defence, Seci.rrity, and Crisis Management Exhibition and Conference in Pasay City. "We have received information na itong heneral na mayayaman na ito nakapag-ipon na ng pera ay pinopo1ldollan 1ia kami para ma-11eutralize," he said.57 (emphasis added) *** ''Mas ipa-priorit[ize] ko 'yung pulis na nangungurakot sa inyo, ipa-priorit[ize] ko silang i-neutralize. I will neutralize them kaya warning ito sa mga pulis natin na umiikot diyan, ginagamit yung war on drugs para sa pangongotong. I will break your neck, babaliin ko yimg leeg llinvo, literally, literally 'ya1l, tigna1111ati11," he said. 58 (emphasis added) 56 Arnita Legaspi, 'Neutralized is better': PNP ditches 'killed' term in Oplan Double Barrel report, GMA News, 18 October 2016, http://www.gmanetwork.com/news/story/585408/news/nation/pnp-ditches-killed-term-inoplan-double-barrel-report. 57 Arnita Legaspi, PNP chief: Generals involved in drugs raising bounty to neutralize me, GMA News, 28 September 2016, http://www.gmanetwork.com/news/story/583055/news/nationl..m.m-chief-generals.i~volved-in-drugs-raising-bounty-to-neutr~ize-me. 5 Legaspi, Bato warns extorting cops: I'll break your necks, literally, GMA News, 14 November 2016, http://www.fillli!network.com/news/story/588761/n.ews/nation/batow!J.ms-extorting-coQ§:i-ll-breaj(-your-necks-Iiterally#sthash.WZTUrdRa.dpuf. & Arnita 26 23. While CMC 16-2016 does uot define the tem1 "negation" either, it is obvious that this term is used interchangeably with the tenn "neutralization." The terms "negation" and "neutrali{:ation" have no counterpart in law. If the intent of CMC 16-2016 is t9 arrest and prosecute suspected criminals, it should have used those terms instead o:f negation and neutralization. 24. As a direct consequence of the use of the terms "neutralization" and "negation" in CMC 16-2016, over 7,000 persons have been summarily killed by the PNP while under police custody and in buy-bust and other police operations. 25. CMC 16-2016, in short, should be enjoined and prohibited because it expressly authorizes extra-judicial killings. B. Tlie PNP's "War on Drugs" violates the right to due process of law, to be presumed i11noce11t, and to a fair trial by doing away with tile basic police duty of evidence-gathering and case build-up and replacing it with tile compilation of lists of names of suspected criminals supplied by barangay officials for tile purpose of "neutralizing" and "ne,gatb1g" them. 26. fu lieu of requiring the police to gather evidence and build-up cases against dn1g offenders, CMC 16-2016 requires all regional, provincial, city and municipal police offices and stations to compile and maintain "updated watch/target lists" and "wanted lists" of dn1g personalities and most wanted dn1g traffickers, and mandates the police to "neutralize" the persons whose names appear on these lists: Tasks xxx ~ ' 23) PROs/PPOs/CPOs/CPS/1v1PS 60 xxx d) Conduct validation with BADACs to account and identify all drug groups pushers/users in each barangays and conduct intensified anti-illegal drugs operations in priority drug affected bara1ngays, focusing on street-level drug personalities; e) Conduct intensified anti-illegal drugs (operations 60 These are acronyms that stand for Police Regional Offices (PROs), Police Provincial ·Offices (PPOs), City Police Offices (CPOs), City Police Stations (CPS), and Municipal Police Stations (MPS). 27 through the respective Chiefs of Police and the AntiIllegal Drug Units in tlte clearing ()f drui~ affected barangays by focusing on the 11eutralizatio11 of street level drug pers<>nalities in the AOR. f) Maintai11 updated watcllltarget list, walilted list 011 I drug groupslperso1ialities and most wa11ted drug ' . traffickers. (emphasis added) 27. These watch lists, target lists and wanted lists are not published or made known to the public. They are compiled based names supplied primarily by barangay officials. The names that appear on the list-.whether justified or not-then become targets for "neutralization": on • "This Command Memorandum Circular sets forth the general guidelines, procedures and tasks of police offices/units/stations in ... support to the Barangay Dn1g Clearing Strategy of the government and the neutralization of illegal drug personalities 11ationwide." [emphasis added];61 • "The PNP intends to equally address illegal dn1g problems in the barangays and at the same time pursue the neutralization of illegal drugperso11alities ... "; 62 [emphasis added] • [All regional, provincial, city and municipal police offices shall] "[c]onduct intensified anti-illegal dn1gs operations through· the respective Chiefs of Police and the Anti-Illegal Drug Units in the clearing of dn1g affected barangays by focusi11g on tlte neutralization of street level drug personalities in the AOR" 63 [emphasis added]; [emphasis added] • Focus Teams: xxx" b) Neutralize High value and street level targets to include their support systems (Dn1g Lords, their protectors, coddlers and supporters)" [emphasis added].64 r 28. The practice of compiling watch/target lists of alleged drug offenders based on nrunes supplied by barangay officiials, and then i1sing these lists to identify persons who will be targeted for neutralization, contravenes proper police procedure whlch requires the gathering of adrnissible evidence and the building up of cases for prosecution in court. It also violates the right to· due process of law, the right to be presumed innocent until proven otherwise in court, and the right to a fair trial. What 61 PNP Command Memorandum Circular No. 16-2016, pp'. 1-2. Id. at p. 3. 63 Id. at p. 15. 62 64 Jd at p. 16. 28 this Court said in People v. Aminudin, G.R. No. 74869, 6 July 1988, about the furtive finger of an unknown informant, applies to CMC 16-2016, which establishes a nationwide system of compulsory infonnants: .. .It was only when the informer pointed to him as the canier of the marijuana that he suddenly became suspect and so subject to apprehension. It was the furtive fillger tltat triggered tile arrest Tlte idelltiflcation by tlte in(ormP:£..J£!lS tlze probable cause as determined by tlJ.e officers (anti not bv 1fJJ_uJ!ge) that autllorized tl1em to pounce upon Aminnudin and immediately a"est him. [e1nphasis added] 29. fu the same mru.mer, the furtive fingers of thousands of barangay officials through.out the cmmtry have now become the probablle cause as determined by the police (and not by judges) that autJ.1orize them to "neutralize" alleged drug offenders without a fair tri~, without due process of law, and in violation of their right to be presmned:innocent. RYAN DAVET. ALMORA, the brother of petitioner AU,EEN ALMORA, is just one of the victims of these watch-lists. 30. The practice of turning barangay officials into informants dates back to the time when President Duterte was the Mayor of Davao City and the "Davao Death Squads,, emerged in the public consciousness. As Mr. Philip Alston, then the Special Rapporteur on extrajudicial, summary or arbitrary executions, recommended in 2008, this practice must be stopped: "While particular crimes should be reported, laws and practices in which barangay councils or captains submit names (e.g., of drug pushers) for inclusion on law enforcement watch lists sllould be abolislied."65 [emphasis added] C. The lzouse to lzouse visits being conducted by tlte PNP are UllCOllstitutiollal because (i) they are 11ot limited to so-called "drug persollalities"; (ii) their real purpose is not to ''persuade" drug offenders · "to stop their illegal activities" but ratlter to kill or "negate" tllose wllo refuse to be persuaded as well as tltose wllo deny involvemen!t ill crimi11al activity; and (iii) they are based on tlzefurtivefingers ofunlmown informants. 31. CMC 16-2016 describes PROJECT TOKHANG as .;,a practical and realistic means of accelerating the drive against illegal drugs,, which "involves the concept of house to house visitations t~ persuade suspected . ; 65 Report ofPhilip Alston, then the United Nations Special Rapporteur on extrajudicial, summary or arbitrG1y executions,, Addendum - Mission to Philippines, U.N. Doc. AJHRC/8/3/Add.2 page 24 (2008). 29 66 illegal drug personalities to stop their illegal drug activities." As a police measure, however, "persuading" a suspected dn1g offender to stop doing illegal drug activities is like asking a thief to stop stealing or a bank robber to stop robbing banks. It makes no sense, unless there is a corresponding punishment, as in, "You better stop that, or else." While CMC 16-2016 makes it appear that PROJECT TOK.HANG is a benign method of persuasion, a closer look at the circular shows that its real purpose is to "negate" or "neutralize" persons who refuse to be persuaded or who deny involvement in illegal drugs. This is clear from the following provisions of CMC 16-2016, which direct what the police should do to anyone who denies or refuses a house to house visitation: "Any person suspected to be involved in illegal dn1g trafficking who dellies or refuses tlze house to house visitati'!.!! shall be referred to the Anti-Illegal Drug Units.f.g_r immediate case build-up and negation.''61 [emphasis added] Xxx STAGE 4 [OF PROJECT TOKHANG]: Conti11uous collduct of house visitations and referrals for documentation, rehabilitation, and negatioll. [emphasis added] Xxx When taken together with the directive in CMC 16-2016 to all police offices and stations nationwide of" ... fpcusing 011 tlie neutralization of street level dnig personalities in tile AOR," the purpose of PROJECT TOKHANG becomes clear and umnistak:able-to negate and neutralize all persons identified as street level dn1g personalities who refuse a house visit or deny involvement in illegal drugs. 32. PROJECT TOKHANG, t11erefore, is unconstitutional because its real purpose is not just to "persuade" drug offenders to stop their drug activities, but rather to kill them. \ )'1 33. PROJECT TOKHANG is also unconstitutional because it authorizes the police to invade and search homes and arrest residents without warrant, which is what happened to RYAN DAVE ALMORA, the brother of petitioner AILEEN ALMORA, and REX APARRI, the son of petitioner ROWENAAPARRI. As this Court held in People v. Bolasa, G.R. No. 125754, 22 December 1999: · 66 67 See Annex "A" of this Petition, CMC 16-2016, at p. 3. Id. at par. 4(e), p. 5. 30 "The State cannot in a cavalier fashion intrude into the persons of its citizens as well as into their houses, papers and effects. The constitutional provision [Sec. 2, Art. III of the 1987 Constitution] sheathes the private individual with an impenetrable armor against unreasonable searches and seizures. It protects the privacy and sanctity of the person himself against unlawful arrests and other fonns of restraint, and prevents him from being irreversibly 'cut off from that domestic security which renders the lives of the most unhappy in some measure agreeable.' xxx on the contrary, it indicates that the apprehending officers should have conducted first a surveillance considering that the identities and address of the suspected culprits were already ascertained." D. The PNP's "War 01i Drugs" has 110 legal basis because it is based 011 a mere verbal campaign promise by then caiididate Rodrigo Duterte "to get rid of illegal drugs" within tltefirst six mollths of his term ai1zd is not supported by any executive order, administrative order, memorandum circular, memora11dum order or proclamation issued by President Duterte. 34. President Duterte has studiously avoided exercising his ordinance power as President with regard to the PNP's war on illegal drugs. That is why CMC 16-2016 does not cite any executive order, administrative order, memorandtun circular, memorandum order or proclamation of the President. Instead, it cites a mere verbal pronouncement by respondent Rodrigo Duterte · "to get rid of illegal drugs during the first six months of his te1m" - a campaign promise that Duterte made while he was merely a presidential candidate. 35. CMC 16-2016, in other words, is not based on any presidential directive but rather is based on a mere verbal pronouncement or campaign promise made by Duterte before he assumed the presidency-which obviously has no legal force and effect 36. Book III, Title 1, Chapter 2 of Executive Order No; 292 mandates that the exercise of the President's ordinance power must be in writing and must be embodied in an executive order, administrative order, memorandmn order, memorandum circular, or proclamation: CHAPTER2 Ordinance Power SECTION 2. Executive Orders.--Acts of the President providing for nlles of a general[ or permanent character in implementation, or execution of constitutional 31 or statutory powers shall l)e promulgated in executive orders. SECTION 3. Administrative Order:s.-Acts of the President which relate to particular aspects of governmental operations in pursua.llce of his duties as administrative head shall be promulgated in administrative orders. SECTION 4. Proclamations.-Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated iii proclamations which shall have the force of an executive order. ·- SECTION 5. 11emorandum Orders.-Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concen1 a particular officer or office of the Goven11nent shall be embodied in memorandum orders. SECTION 6. Memorandum Circulars.-Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandmn circulars. [emphasis added] SECTION 7. General or Special Ordlers.-Acts and commands of the President in his capacity as Commanderin-Chief of the Anned Forces of the Philippines shall be issued as general or special order~. 37. That E.O. 292 mandates that the exercise ~fthe President's ordinance power must be in writing is shown by the use of the phrases ~'promulgated in" or "embodied in" appearing in Sections 1 to 6 of Chapter 2 above. The only exception when verbal instructions may be given appears in Section 7, but this section applies only when the President is acting in his capacity as commander-in-chief of the Armed Forces of the Philippines. As the Hon. Justice Carpio explained in his concurring opinion in Abakada Guro Party List v. Purisima, G.R. No·. 166715, August 14, 2008: These provisions of the Revised Administrative Code do not grant, but merely recognize the Presidents Ordinance Power fllld elljoin tllat suclt power sllall be_promulgated 32 according to certain 1wmenc;latures. The Presidents Ordinance Power is the Executives rule-making authority in implementing or executing constitutfonal or statutory powers .... 38. CMC 16-2016, therefore, has no legal basis because it is not supported by any executive order, administrative order, memorandum order, memorandum circular, or proclamation issued by President Duterte. On this· ground alone, it should be permanently enjoined and prohibited. · E. ·Tl1e tlwusa1ids of alleged "nanlaball ·'' cases wlzere persons iuider police custody /1ave beell ldlled allegedly because tltey resisted or fought back deserve judicial intervention. T/1e police slzouid be required to submit all firearms illvolved in tlte killillgs to tlte NBI for forellsic examinatio11. Tlze NBI should be designated as tile evidence custodian of nill firearms allegedly used by the deceased in all "nanlaban" cases. The 1AS and NAPOLCOM sliould be required to submit a mo11tl1ly report to tlie Court on tlze status of tile investigation of all "nanlaban" cases, tlte 1iames of tlte police officers involved, tile serial numbers and descriptio11s of tlte firearms allegedly used b_v tlte deceased a11d tliose discllarged by tlte police. 39. At least 3,850 persons killed during police operations from July 1, 2016 up to September 15, 2017. Based on the public statements of PNP spokesperson Senior Supt. Dionardo Carlos, at least 3,850 "drug suspects" have been killed in police operations from July 1, 2016-the day respondent DELA ROSA issued PNP MC 16-2016-until September 15, 2017.68 Despite the large ntunber of deaths, it appears that only a handful of these cases (not more than 10) have been subjected to inquest proceedings. 69 Based on the attached CHR certification, moreover, it appears that only three (3) c1iminal cases have been filed before the courts against law enforcement authorities allegedly involved in dn1g-related extrajudicial killings. 70 40. The alanning number of persons killed in police operations deserve proper investigation but apparently th.is is not being done. \·, i. See GMA News Online article by Arnita Legaspi published on September 28, 2017, 5:22 p.m. entitled "Only 2.5% of homicide cases are drug-related, says PNP" available at http://www.gmanetwork.com/news/news/nation/627563/onlyr2-5-of-homidde-cases-aredrug-related-says-pnp-story/ See also PHILSTAR GLOBALi~rticle by Helen Flores updated on September 28, 2017 entitled "Half of Pinoys douqt cops on 'nanlaban' drug deaths" available at http://www.philstar.com/headlines/2017/09/28/1743481/half-pinoysdoubt-cops-nanlaban-drug-deaths. 69 Rappler article by Bea Cupin published on September 27, 2017 at 3:53 p.m. entitled "PNP on anti-drugs ops: Thousands of deaths, only I 0 inquest reports" available at . http://www. rappler. com/nation/183 53 5-pnp-anti-drugs-operati ons-deaths-inguest-reports. 70 See CHR Certification attached to this petition as Annex "J". GR 33 41. Petitioners' relatives - RYAN :OAVE ALMORA and REX APARRI - are among those who were killed in police operations allegedly because they resisted or "nanlaban." They respec1fully submit that this Court should issue a writ of amparo a. Directing the respondents to submit (i) the firearrns allegedly used by RYAN DAVE ALMORA and REX APARRI to the National Bureau of Investigation for forensic examination and safekeeping, and (ii) the fireanns discharged by the police in the cases of RYAN DAVE ALMORA and REX AP ARRI to the NBI for forensic examination; b. Directing the NBI to submit monthly reports to the Court (or to the Court of Appeals or such other court designated by this Court) on the progress of its investigation into the deaths of RYAN DAVE ALMORA and REX APARRI; l 11 c. Requiring, in all cases of "nanlaban," i.e., cases where persons are killed while under police custody the police claim that the killing was justified, that the police officers involved submit (a) the fireann/s allegedly used by the deceased to the National Bureau of Investigation for forensic examination and safekeeping, and (b) the firearm/s that the police discharged to the NBI for forensic examination; and d. Requiring the IAS and/or NAPOLCOM to submit a monthly report to the Court on the number of persons killed while under police custody, the names of the PNP members involved, and the status of their investigation and/or prosecution, the serial numbers and descriptions of the firearms allegedly used by the deceased, the place where the firearms are being kept, and the name and address of the custodian of the firearms. e. Issuing temporary protection orders to protect petitioners and the the members of their immediate families from being harassed, arrested, threatened, harmed or killed by the respondents and/or any all officers, agents, or other persons acting under their authority or supervision; and from being included in drug lists, watch lists, wanted lists, or similar lists of illegal drug or criminal personalities; and after due proceedings, to render judgment making the ·protection orders permanent. F. By establishing a system of anonymous reporting ofsuspected crimillals, DILG MC 2017-112 violates tlze right to flue process of law a11d to be presumed i1111ocellt. " 1,· 34 42. DILG MC 2017-11271 institutionalizes the reporting of names of suspected criminals. While encouraging citizens to report c1imes is perfectly legal, MC 2017-112 is not about reporting crimes-it is about compiling names of purported criminals. That is why MC 2017-112, like CMC 16-2016, is not only dangerous but unconstitutional. 43. There is a big difference between the reporting of criminal acts and the reporting of suspected criminals. The reporting of crintes is done by witnesses who have knowledge of criminal activity. The reporting of alleged crim_inals can be done by anyone who suspects, rightly or wrongly, that another person is a criminal. So long as the informant believes. that another person is a criminal, he or she can submit that person's name-even if the belief is based on mere conjechll'e or speculation. A system of anonymous reporting, moreover, allows anyone-even one who merely holds a personal or political grudge against another-to submit the name of his or her enemy and brand them as a criminal. 44. By establishing a system of anonymous reporting of suspected criminals, MC 2017-112 violates the right to due process of law and to be presumed innocent. It also supplants the duty of the police to gather evidence with the function of compiling names of suspected criminals without any safeguards for protecting innocent persons. VI. Grounds for Granting Relief under the "\tVrit of Prohibition 45. Petitioners reiterate and re-plead by reference the allegations in the preceding paragraphs of this petition. 46. In issuing PNP CMC 16-2016 and DILG MC 2017-112, respondents DE LA ROSA and CUY have acted without or in excess of their jurisdiction and/or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or plain, speedy and adequate remedy in the ordinary course of law. 4 7. ISsuances. Petitioners are personally and directly aggrieved lby these 48. The writ of prohibition, therefore, lies and the privilege of the writ should be granted. VII. Grounds for Granting Relief under the Writ of Amparo 4 9. Petitioners reiterate and re-plead by reference the allegations in the preceding paragraphs of this petition. 71 Certified .true copy attached as an integral part of this petition as Anm~x ~~K". 35 50. Petitioners' rights to life, liberty and security have been threatened by the unlawful acts and omissions of the.respondents and their subordinates. The right to life, moreover, ofpetitionerALMORA's brother, RYAN DAVE ALMORA, and petitioner APARRrs.son, REX APARRI, have been violated by their extralegal killing which was authorized by CMC 16-2016. Petitioners are personally and directly aggrieved by the respondents' unlawful acts and omissions. 51. 52. To petitioners' knowledge, no genuine investigation into the deaths of RYAN DAVE ALMORA and REX APARRI, and the shooting of JEFFERSON SORIANO, have been conducted by the PNP. 53. As public officers, respondents and their subordinates must exercise extraordinary diligence in the performance of their duties, and cannot invoke the presumption that official duty has been regularly performed to evade responsibility or liability [Section 17, The Rule on the Writ of Amparo]. 54. Petitioners, therefore, are entitled to relief under 1J1e Rule on the Writ of Amparo. VIII. Grounds for Issuing Provisional Relief -\ 55. Temporary Restraining Order and/or Prelimina!.!J.'.: Injunction. Petitioners are entitled to the relief demanded in this petition, the whole or part of which consists in restraining the commission or continuance ofthe acts complained of, which include the implementation and enforcement of PNP CMC 16-2016 and similar ~NP circulars; and in requiring the respondents to respect the rights guaranteed by the Bill of Rights of the Constitution. ,, 56. The commission and continuance of the acts complained of during this litigation, which include the implementation and enforcement of PNP CMC 16-2016 and similar issuances, will definitely work injustice to petitioners, to others who are similarly situated, and to t11e general public. 57. The respondent is doing, threatening, and/or attempting to do, or are procuring or suffering to be done, acts that violate the rights of petitioners and of all Filipinos guaranteed by the Bill of Rights of the Constitution, which are the subject of this Petition, and which tend to render the judgment ineffectual. 36 58. Unless respondent is restrained by this Court, Petitioners and others who are similarly situated have suffered and will continue to suffer great and irreparable injury from the continued implementation and enforcement ofCMC 16..;2016. 59. A te1nporary restraining order and/or preliminary injm1ction are needed to preserve the rights of petitioners pending adjudication of this petition. 1,, !' 60. Temporary Protection Order. Petitioners and their immediate families fear for their lives because they have muster;ed the courage to file this petition and challenge the PNP's War on Dn1gs.The danger to their lives, safety and security is real and palpable. After tlie killing of Rex Aparri, the neighbors informed petitioner ROWENA APARR[ that they had seen the man involved in the killing of Rex, who identified hiinself as "Alvarez", near the Aparri residence and apparently monitoring it on several occasions. 71 Petitioner JEFFERSON SORIANO, who was left for dead after being shot several times, likewise fears for his life, safety and security. 72 The same goes for petitioner AILEEN ALMORA, whose brother was killed in a TOKHANG police operation. 61. Production Order. Respondents are in possession and have custody and control over the police reports, forensic and/or medico-legal reports and records, photographs, sketches, firearms allegedly used by RYAN DAVE ALMORA and REX APARRI, and other documents and things which constitute or contain evidence relevant to this petition. Petitioners, therefore, seek and hereby move that the Honorable Court order respondents to produce and permit petitioners (through their legal counsels) to inspect, copy and photograph the same. PRAYER WHEREFORE, the petitioners respectfully pray the Honorable Court: [l] That while this case is pending, a temporary restraining order and/or preliminary injunction be issued restraining/enjoining the respondents) and any of their agents, represent~tives, or assigns a. From implementing or enforcing PNP CMC No. 16-2016 and any similar issuances, as well as 1all orders, directives and instn1ctions emanating from CMC 16-2016; b. From implementing or carrying out any instructions, pronouncements or utterances of RODRIGO ROA 71 72 See affidavit of Rowena Appari, Annex "F" at par. 26. See affidavit of Jefferson Soriano, Annex "I" at pars.36-38. 37 DUTERTE relating to the PNP's war on drugs or anti-illegal drugs campaign that are not in writing and which do not conform to the President's ordinance power tmder Executive Order No. 292; c. From implementing or carrying out DILG MC 2017-112 and all other circulars, instructions and/or directives emanating or derived from it. [2] That while this case is pending, in addition to the above, that the Honorable Court grant the following provisional relief under the Rule on the Writ of Amparo and issue: a. A Temporary Protection Order prohibiting respondents, or any of their agents, representatives, or assigns, from (i) entering within a radius of one kilometer from the petitioners' respective residences a.n9 places of work; (ii) harassing, threatening, arresting, or physically or psychologically harming the petitioners and their immediate families; b. A Production Order directing the respondents to produce and permit petitioners (through their legal counsels) to inspect, copy, and photograph the police reports, forensic and/or medico-legal reports and records, photographs, sketches, firearms allegedly used by RYAN DAVE ALMORA and REX APARRI, and other documents and things in their possession and under their custody and control which constitute or contain evidence relevant to this petition. [3] That this case be set for oral argmnent; and [4] That after due proceedings, judgment be rendered a. Making the temporary restraining order, injuniction, and temporary protection orders permanent; b. Issuing and granting a writ of prohibitioni. Prohibiting respondents or any of their agents, representatives, or assigns, from implementing and/or enforcing CMC 16-2016 and any similar circulars, as well as all orders or directives ,emanating or derived from CMC 16-2016; and · 38 11. Prohibiting respondents, or any of their agents. representatives, or assigns, from impfomenting or enforcing any instructions, com1nauds, or utterances of President Rodrigo Roa Dute1te to the PNP and/or DILG in relation to the war on dn1gs/anti-illegal dn1gs campaign that are not in writing and do not confonn to the President's ordinance power under Executive Order No. 292; ni. Prohibiting respondents or any of their agents, representatives, or assigns, from implementing and/or enforcing DILG MC 2017-112 and any similar circulars, as well as all circulars, instructions, orders or directives emanating from it. c. Issuing and granting the writ of amparo to safeguard the rights of the people not to be deprived of life, liberty or security without due process and equal protec1ion of the laws, including but not limited to the following: L Recognition that the killings ofRYANDAVE T. ALMORA and REX APARRI are extJralegal killings covered by the Rule on the Writ of Amparo; and that the shooting of JEFFERSON SORIANO is likewise covered by the Rule on the Writ of Amparo because it violated his right to life, liberty and security, and constitutes a continuing threat thereto; IL Holding the PNP, through the PNP Chief, directly responsible for the disclosure of material facts lmown to the government and to their offices regarding the extralegal killing of RYAN DAVET. ALMORA and REX APARRI, and fu1~ shooting of JEFFERSON SORIANO, and for the conduct of proper investigations using extraordin:ary diligence, with the obligation to show investigation results acceptable to this Court within sixty (60) days from notice; ni. Directing respondents to submit (i) the fireanns allegedly used by RYAN DAVE T. ALMORA and REX APARRI to the NBI for forensic examination and safekeeping, and (ii) the firearms discharged by J ~9 .,. the police in the cases of RYAN DAVE ALMORA and REX APARRI to the NBI for iorensit exammauon~ fv. Directing the NBI to conduct a thorough and impartial investigation into the the deaths of RYAN DAVE T. ALMORA and REX APARRI and the shooting of JEFFERSON SORIANO, and to submit an investigation report to the Court (o:r to the Court of Appeals or such other court designated by this Court) within six (6) months from notice; v. \· " Requiring, in all cases of "nanlaban," (cases where persons are killed while under police custody and the police claiJ.n that the killing was justified), that the police officers involved submit (a) the firearm/s allegedly used by the deceased to the National Bureau of Investigation for forensic examination and safekeeping, and (b) the firearm/s that the police discharged to the NBI for forensic examination; v1. Requiring the IAS and/or NAPOLCOM to submit a monthly report to the Court on the nmnber of persons killed while under police custody, the names of the PNP members involved, the status of their investigation and/or prosecution, the serial n:umbers and descriptions of the firearms allege:dly used by the deceased and the police, the place where the fireanns are being kept, and the name/sand address/es of the custodian of the firearms; vii. Issuing temporary protection orders to protect petitioners and the members of their immediate families from being harassed, arrested, threatened, harmed or killed by the respondents and/or any all officers, agents, or other persons acting under thefr authority or supervision; and from being included in dn1g lists, watch lists, wanted lists, or similar lists of illegal dnrg or criminal personalities; ;md after due proceedings, to render judgment malci:ug the protection orders permanent; and 40 viii. Requiring that the above-mentioned obligations be directly enforceable against whoever may be the incumbent PNP Chief and DILG Secretary or Officer-in-Charge, under pain of contempt from this Court when the initiatives and efforts at disclosure and investigation constitute less than the extra-ordinary diligence required by the Rule on the Writ of Amparo and the circumstances of this case. [5] Conceding tmto petitioners such further and other relief this Honorable Court may deem just and equitable in the premises. Metro Manila, Philippines, I 0 October 201 7. FREE LEGAL ASSISTANCE GROUP (FLAG) Counsel for Petitioners c/o Sanidad Law Office 77 Malakas Street Brgy. Pinyahan, Quezon City By: Jose ~uel I. Diokno Roll ofS\ttomeys No. 35394 PTRNo. 4008612C, 01-20-17, Quezon City IBP (Lifetime) No. 00236, 02-09-96, Pasig City MCLE Exemption No. V-001206 (Valid until 4-14-19) BM2012 Mandatory Legal Aid Service Exempt - Free Legal Assistance Group Tel. No. 877-9242 dioknolawcenter@gmail.com 41 Roll of1\ttorn:eys No. PTRNo. 2945775, 01-05-17, Baguio City IBP No. 106211, 01-10-17, Baguio Cify MCLE Compliance No. V-000-878, 06-19-15 (Valid until 04-14-19) BM2012 Mandatory Legal Aid Service Exempt - Free Legal Assistance Group pvsanidad@me.com / e~arucr.-ag-- :oil of Attom,eys No. 313 74 PTR No. 3802461, 01-03-17, Quezon City IBP (Lifetime) No. 07913, 01-09-09, Ilocos Sur MCLE Exemption No. V-000423, 5-28-15 BM2012 Mandatory Legal Aid Service Exempt - Free Legal Assistance Group Tel. No. 920-5004 arnovsanidad@yahoo.com / ~ ~~·x J Mariiias, Jr. /-'-»/of omeys No. 35517 q...--54 3107, 01-05-17, Antipolo . i 058408, 01-06-17, Rizal Chapter MCLE Compliance No. VI-0000647 (Valid until April 14, 2022) BM2012 Mandatory Legal Aid Service Exempt - Free Legal Assistance Group brodcbato@gmail.com VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ATTY. AILEEN ALMORA, of legal age, Filpino:, after being duly sworn, hereby depose and state under oath that: 1. I am one of the petitioners in the above-entitled case:, and I have caused the preparation of the foregoing petition; 2. I have read the petition and affinn that its allegations and attachments are true and correct of my own personal knowledge or based on authentic records~ 3. I hereby certify that I have not c01nmenced any action or filed any claim involving the same issues in any other court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim involving the same issues is pending therein; 4. If I should hereafter learn that the same or similar action or claim has been filed or is pending before another comt, tribunal or quasijudicial agency, I shall report this fact within five (5) days therefrom to this Honorable Comt. 1' IN WITNESS WHEREOF, I have signed this instrument on . - - - - at MAKATI CITY 0 3 OCT :,f-017 ' ATTY.~ALMORA Petitioner SUBSCRIBED AJ.\fD SWORN to before me this rt'\ 8C\ '20\7 at MAJ / oLI / 'JDl3 in ma.tiila ,A-iii ippi~~. Doc No. ~l!TJ; Page No. S-K ; Book No . ..;_I_, Series of 2017. . ( JOSE AARON. M. EDROSA Jlt CollllXrlssi~n N~.' 117 (2016-2017) Notary Public . r Quezon City , . VallduutilDecetnbe,r31,2017 ~ 17 Alley 2•. Road 7~ Prqject 6, Quezon Ci.ty Attorney ltoll No. 61770 .. .fTR No. 3864029119/2017 Quezon City • WPNo, l.061213 J/9/20l7PaslgCit,y MCLE Compliance No. V-0013894 0211 V."' VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, JEFFERSON ACENA SORIANO, of legal age, Filpino, single, after being duly sworn, hereby depose and state under oath that: I . I am one of the petitioners in the above ..entitled case, and I have caused the preparation of the foregoing petition; 2. I have read the petition and affirm that its allegations and attachments are tn1e and correct of my own personal lmowledge or based on authentic records; 3. I hereby certify that I have not commenced any action or filed any claim involving the san1e issues in any other court, tribunal or quasi-judicial agency and,. to the best of my knowledge, no such other action or claim involving the same issues is pending therein; 4. If I should hereafter learn that the same or similar action or claim has been filed or is pending before another court, tribunal or quasijudicial agency, I shall report this fact within five (5) days therefrom to this Honorable Court. · IN WITNESS WHEREOF, I have signed this instrument on ~her 11, ,t..,ry . at Q.l,.G~i, Pba'fflA.r. C:j,. ~~b JEFFER~CENA SORIANO ·· Petitioner me SUBSCRIBED AND SWORN to before this #.~r.Jt,~~__,o. J!rr/4 ~ 1311/) - 11'./~1> Doc No. _11.!_; Pag1~ N-o. Sf ; · Book No._!_; Series of2017. . ~ ( JOSEAAllO:N . )• :OROSA, JR,. CQi:nnllssionNo.'NPfl . ·(20.~6-2011,) :Notary''.Publio fat ' ezon City Valid until Decem .er 31, 2017 111 A1ley~"Road),,l>roje~t6, Quez1;1nt:'ltx Attoll\ey '.Roll No. 61770 .Yl'R No. 3864025' 1/9/2017. Quezon Cit,r IDPNo.1061213 l/9/2017l'asig City MCLE Compliimcc No. V-0013894 0:7Jll/2016 'I LIST OF ANNEXES Annex ;Description "A" Certified true copy ofPNP CMC 16-2016 "B" Certified true copy of Transcript of Stenographic Notes (T .S .N.) of the hearing conducted by the Senate Committee on Public Order and Dangerous Drugs on 24 August 2017, G.E. Sapinoso, V-1, 2:39 p.m., pp. 1-4, 37-38. ''C'' Print-out of online article written by Arnita Legaspi entitled PNP chief Generals involved in drugs raising bounty to neutralize me, GMA News, 28 September 2016 "C-1" Print-out of online article written by Arnita Legaspi entitled 'Neutralized is better': PNP ditches 'killed' term in Oplan Double Barrel report, GMA News, 18 October 2016 "C-2" Print-out of online article written by Am~ta Legaspi entitled Bato warns extorting cops: I'll break your necks, literally, GMA News, 14 November 2016 "D" Certified true copy of the Transcript of Stenographic Notes (TSN) of testimony of PNP Chief Ronald dela Rosa before the Senate Committee on Justice and Human Rights joint with the Committee on Public Order and Dangerous Drugs dated 23 August 2016, :Nlliulep, VII-2, 1:23 p.m., pp. 1-4, 178-181 ''E'' Copy of PNP Investigation Report in the case of RYAN DAVE T.ALMORA "E-1" Copy of Medico-Legal Rep011 No. BSD-072-16 on RYAN DAVET. ALMORA ''F'' Sinumpaang Salaysay of Rowena Bustamante Aparri (original) ''G'' Sinumpaang Salaysay of Lory Ann Flores Albarida (original) "H" "I" "'J" "K" Copy of Memorandum from SP02 Charles John Duran to the Acting District Director, Manila Police District dated 14 September 2016 Sinumpaang Salaysay of Jefferson Soriano (original) Certification from the CHR stating that it has recorded only three (3) criminal cases filed before the courts against law enforcement authorities allegedly involved in drug-related extrajudicial killings (original) Certified true copy of DILG Memorandmn Circular 2017-112 Republic of the Philippines NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POl..ICE OFFICE OF THE CHIEF, PNP Camp Crame, Quezon City COMMAND MEMORANDUM CIRCULAR NO. 16 • 2016 .; . SUBJECT PNP ANTl~ILLEGAL DRUGS CAMPAIGN PLAN - PROJECT: "DOUBLE BARRELu TO See Distribution DATE July 1, 2016 1. REFERENCES: a. Pr~nouncement of PRESIDENT RODRIGO R Dl)TERTE: to get rid of illegal drugs during the first six months of his term; 1 b. Memorandum Circular (MC) No. 89 entitled "lmplem1entation and Institutionalization of the National Anti-Drug Plan of Jl1ction" dated December 17, 2015; . c. NAPOLCOM Resolution No. 2015-547, creating ·the PNP Anti-Illegal Drugs Group dated October 30, 2015; d. DILG MC No. 2015-63 "Revitalization of the Barangay Anti-Drug Abuse Council {BADAC) and Their Role in Drug Clearing Operations dated August 20, 2015; · e. PNP Manual on Illegal Drugs Operation and lnvesti~Jation dated September 2014; f. US lntematfonal Drug Control Strategy Report for 2012; g. Letter of Instruction (LOI) "Kontra Droga Charlie" dated Jullf 2, 2012; h. PDEA and DOB Guidelines and Operational Policies; i. NAPOLCOM MC No. 2009-01 re One Strike Policy on llllegal Drugs dated March 28, 2009; Dangerous Drugs Board (DOB) Regulation No. 2, Series of 2007, Revised Guidelines in the Conduct of Barangay Drug Clearing Operations dated June 6, 2007; k. Executive Order No. 218 (Strengthening the Support Mechanism to PDEA) dated June 18, 2003; and I. Republic Act 9165 otherwise known as the ComprehensivE~ Dangerous Drugs A,ct of 2002 dated June 7, 2002. j. 2. PURPOSE: This Command Memorandum Circular sets forth the general guidelines, procedures and tasks of police offices/units/stations in the conduct of the Philippine .,£ CRIS~ M TABDI Police Superintendent Administrative ()ffif~Hi' . Paactort• !! '\ National Police (PNP) Anti-Illegal Drugs Campaign Plan - PROJECT: "DOUBLE BARREL" in support to the Barangay Drug Clearing Strategy of the gc>Vemment and the neutralization of illegal drug personalities nationwide. 3. SITUATION: According to the DDB's 2015 National Household Survey, there were around 1.8 million dmg users in the country wherein 38.36% of which are unemployed. As of February 2016, PDEA reported that 26.91% or 11,321 out of the country's. 42,065 barangays were ·drug affected" (mostly in urb:an areas). A barangay is said to be drug-affected when there is a proven existence of drug user, pusher, manufacturer, marijuana cultivator or other drug personalities regardless of number in the area. On record, NCR has the highest rate of affedation with 92.96% of the region's barangays, followed by CALA6ARZON at 49.28%. Based .on PDEA's 2015 arrest data, methamphetamine hydrochloride or shabu (90%) reportedly tops the list of most abused illegal drugs. followed marijuana and costly party drugs like cocaine and ecstasy. by · The afore-cited statistical data is indicative of the worsening drug problem that has victimized mostly the underprivileged and impoverished =;ector of the society. Although much has already been done and accomplished in the national campaign to eradicate illegal drugs, yet the problem persists and it continues to breed social ms. Apparently. in the quest to go after high level drug traffickers, the government seems to have overlooked the worsening drug problem at the grassroots level. The archipelagic set-up of the Philippines is exploited by traffickers to transport illegal drugs and controlled percursors and essential chemicals into the country. The international and local airports and seaports, mail and parcel services and the vast expanse of coastline are being utilized as entry and exit points. There are three transnational drug organizations Philippines, namely: ·· open~ting in the a. The Chinese or Filipino-Chinese drug syndicates dominate the drug market in the country. They facilitate production, manufadu1ing and bulk smuggling of dangerous drugs in the country. These activities ensure the supply of drugs in the market. Their activities are largely concentrated within their group, with the inclusion of very few and well-selected locals; b. The African Drug Syndicate (ADS) is responsible for smuiggling drugs through the airports using drug couriers/swallowers; and c.. The Mexican-Sinaloa Drug Cartel is a new drug group opurating in the Philippines. They associated with the Chinese drug Group to penetrate the Philippine market. CRISTI Police uperintend<~nt Administrative Otfiiu1:;r Pagel ofl8 4. MISSION: The PNP shall implement the PNP Anti-Illegal Drugs Campaign Plan PROJECT: "DOUBLE BARREL" in order to clear all drug affected ban:1ngays across the country, conduct no let up operations against illegal dn;.gs per.sonalities and ! dismantle drug syndicates. 5. EXECUTION: The PNP intends to equally address illegal drug problems in the barangays and at the same time pursue the neutralization of illegal drug personalities as well as the backbone of illegal drugs network opc:!rating in the country. a. Concept of Operations This CMC will be launched and Implemented on the first day of office of the CPNP. To generate impact and public support, all police offices/units/stations and designated anti-drug units shall conduct massive and simultaneous operations in two pronged approach. The PNP Anti-Illegal Drugs Campaign Plan .. Project: "Double Barrer will be conducted In a two-pronged approach, namely: PROJECT TOKHANG and PROJECT HVT. The lower barrel approach will be the conduct of PROJECT TOKHANG in all drug-affected barangays throughout the country in coordination with the Local Government Units (LGUs} particularly the ProvinciaUCity/MunicipaVBarangay Anti-Drug Abuse Councils {ADACs), Non-Government Organizations (NGOs}, stakeholders, and other law enforcement agencies. The PR.OJECT TOKHANG is a practical and realistic means of accelerating the drive against illegal drugs in affected ban:mgays. This concept involves the conduct of house to house visitations to persuade suspected illegal drug personalities to stop their illegal drug activities. There are five (5) stages In the conduct of "PROJECT TOKHANG" namely: Collection and Validation of Information Stage. c:oordination Stage. House to House Visitation Stage, Processing and Documentation Stage, and the Monitoring and Evaluation IStage. 1) Collection and Validation of Information Stage The collection and validation of information shall be conducted on the first week of the first month of the President's tEffm. All local police offices/units/stations and anti-illegal drugs units ~•hall conduct validation to acquire specific information on suspected drug users and pushers in every affected barangays. Page3of18 Polic Superintendent Administrative Officer ~I '1 'l The identity and criminal activities of each target must be properly· documented and verified with all possible sources to equip the team with accurate and solid proofs when confronting suspects during house to house visitations. 2} Coordination Stage Coordination shall be made with the followins~ government agencies, stakeholders, and non-government organizations prior to the conduct of actual house to house visitations to ensure success of the activity. a) All concerned local police offices/units/sta~ions shall coordinate with the LGUs to provide support for the activity and ensure compliance of subordinate offices; '\., b) All local police offices/units/stations shall also cc>ordinate with BADAC to assist in the conduct of house to house visitations and referral of drug users; c) PNP Anti-Illegal Drugs Units/Offices shall coordinate with the Philippine Drug Enforcement Agency (PDEA) to assist in the conduct of investigation of suspec.1ed drug personalities; L Ii d) The Chief of local police units/stations shall direct tt1e Police Community Relations Sections to coordinate with the LGUs, ADACs and Dangerous Drugs Board {DOB) for the rehabilitation of drug users: e) The Chief of local police units/stations shall direct the PIO/PCR section to coordinate with the QUAD Media fcir the public information and media coverage of the activity; and f) The Chief of local police units/stations shall direct the Police Community Relations Section to coordinate with other NGOs to solicit necessary supports for the activity. 3) House to House Visitation Stage: The actual house to house visitations of suspected drug personalities shall be the highlight of PROJECT TOKHANG. It shall be conducted simultaneously nationwide on the first day of the Office of the CPNP. The following shall be undertaken in the · conduct of house to house visitations~ :l· a} The chief of the concerned police unlts/offibes shall organize a team fed by a PCO to conduct house to house visitation and shall at all times ensure their safety and security; Page 4 of JS Police"Superintendent Administrative Off11..;i:.:r ,, b) The designated team leader shall ensure the presence of members of PADAC/CADAC/MADAC/BADAC and barangay tanod to assist them and to serve as witnesses in 'the conduct of house to house visitation; c) The conduct of house to house visitation must be done in a manner that shall not violate the rights of the subject; and d) Any person who is willing to undergo voluntary rehabilitation shall be processed accordingly. 4) Processing and Documentation Stage a) All suspected drug personalities who shall volunte1rily surrender shsll be required to fill-out a Voluntary Surrender Form; b) Personalities who voluntarily surrendered shall be urged to subscribed under oath before a notary public, to be assisted by a counsel and witnessed by parents/guardians and/or barangay officials; i' c) All suspected drug personalities who shall;'.Voluntarily surrender themselves to the visiting team shall be teferredlinvited to the local police station for interview, documentation, and other alternative actions. Provided, that they execute u111dertakings to cooperate by giving voluntary information regardinig illegal drug activities; I d) All suspected drug personalities who shall surrender any dangerous drugs or its derivatives and drug paraphernalia shall be processed accordingly. Provided, that they execute undertakings to give voluntary information about any violations of specific provisions of RA 9165 as stated unde1r Section 33 thereof; - e) Any person suspected to be involved in illegal drug trafficking who denies or refuses the house to house visitation shall be referred to the Anti-Illegal Drug Units for immediate case buildup and negafjon; f) In the absence of the suspected drug personality, the parents, guardians or any responsible adult in the house sh1all be notified about the purpose of visit and shall be advised to reilay the same to the subject: g) All police officers tasked to conduct house to houise visitations CRISTl~BDI shall exercise caution at all times. They shall wear their proper uniform and perform their tasks with authority, firmness, and conviction; and PageSof18 Polic<::i Superintendent Adrninistrative Officer i, h) The Chief of concerned police units/stations must submit after activity report to the Regional Director of PHOs thru the Regional Anti-Illegal Drugs Special Operation Task Group (RAIDSOTG), not later than 24 hours every after the activity. 5) Monitoring and Evaluation Stage; a} When reports of illegaJ drug activities persist despite the house to house visitations, the chief of the local police unit/stations and antl-megaf drugs unit in the area shall immediately initiate police action in coordination with the ADACs for the leEJitimate arrest and filing of appropriate criminal charges against persons who are subject of house to house visitations; b) Weekly monitoring of drug personalities to determine their status and whereabouts shall be conducted by all concemed local police units/stations and anti-illegal drug units in the affected barangays in coordination with BADAC. Likewise, they shall submit weekly reports/updates to their Regional Directors thru the RAIDSOTG; and c) The Regional Director of PROs thru the RAIDSO'TG shall also submit weekly update of the project to the Directorate for Operations (DO), oopy furnished the PNP Anti-Illegal Drugs Group {AIDG). The upper barrel approach will be the conduct of PROJECT HVT by dedicated focus teams from AIDG, PROs, Districts of NCRPC>, PPOs, and CPOs. The focus teams shall be composed of investigators;, intelligence operatives and tactical personnel from National Support Units who shall be detailed to AIDG, while focused teams from PROs, District£~ of NCRPO, PPOs and CPOs shall be generated from the Regioriar Support Units and Public Safety Forces. The PROJECT HVT is a massive and reinvigorated conduct of antiillegal drugs operations targeting illegal drugs personalities and drug syndicates. This approach will be employed at the national, regicmal, district, provincial and city levels to avoid overlapping of operational functions, as follows: 1) AIDG shall conduct anti-illegal drug operations focusing on national and regional level traffickers and international trafficking; 2) Regional Anti-Illegal Drugs Special Operation 1~ask Group {RAIDSOTG) headed by the Regional Director, PROs shall concentrate on illegal drug trafficking across district/provincial boundaries; Page6 ofl8 Policef'Superint911dent Administrative Officer :.i': Anti~Ulegal Drugs Special Operation Task Group (PAIDSOTG) headed by the Provincial Director, PPO, District Anti- 3) Provincial lllegal Drugs Special Operation Task Group ,(DAIDSOTG) headed by the District Director, NCRPO, and City Anti-Illegal Drugs Special Operation Task Group (CAIDSOTG) headed'n; b) Issue orders and appropriate awards to all police personnel who have invaluable accomplishments on drugs operations; and c) Perform other tasks as directed. 7) DC a) Allocate funds necessary for the implementation of this CMC; b) Formulate a program for the inclusion of regular fund support necessary for the implementation of the PNP anti-illegal drug campaign plan; c) Allocate funds for the continuous drug testing of PE~rsonnel in all PNP offices/units/stations; and d) Perform other tasks as directed. ~ 8) DL a) Provide logistfcal requirements such as lntelligenoe Equipment, Individual and Unit Tactical Equipment, Mobility Assets, Essential Forensic Equipment/Materials, Narcoti1cs Detection Dogs; and b) Perform other tasks as directed. 9) DPL a) Conduct a study, propose and/or formulate policy to include the position of personnel assigned with AIDG, Region~il, Provincial, City and Station AIDSOTG in the PNP Table of Organization; b) Liaise with both Houses of Congress to generate political support for the legislative proposals of the PNP to ~1trengthen its , campaign against illegal drugs; and c) Perfonn other tasks as directed. 10)0ther Directorial Staff and DIPOs a) Provide all necessary operational and administrative support to AIDG, Regional, Provincial, City and Statiori1 AIDSOTG pertaining to their respective functional areas; and b) Perform other tasks as directed. 11)1AS a) Support the implementation of the Internal Cleansing Strategy; CRIST~BDI Po!icn :~, ~·::·r,ri:;~·~mdent .1'.cirn(r~,:::~.\. -: ,·....i ..: .~·; :~.Jf'(:i.,j·.r and b) Perform other tasks as directed. Page ll of18 12)AIDG , a) OPR in the implementation of PROJECT HVT; b) Coordinate all anti-illegal drug operations at all levels of command: c) Assist DI In the collection, evaluation, and monitoring of Managing Police Operations on illegal drugs; d) Ensure strict implementation of the protocol on the conduct of anti-illegal drug operations; i. e) Conduct anti-illegal drug operations focusing on national and international level trafficking; f) Conduct special operations against drug syndicates and personalities engaged in production, importation, i:md trafficking of illegal drugs in coordination with PDEA; g) Maintain linkages with other law enforcement agencies; h) Develop and maintain relevant database fc)r collection, processing and analysis of information on illegal drug activities to include the monitoring of high profile drug cases filed in courts; i) Maintain close coordination with regional, provincial, district, city and station AIDSOTG on the progress of all anti-illegal drugs operations conducted In respective AORs: j} Initiate and maintain active support in the implE~mentation of demand reduction and internal cleansing strategies; k) Consolidate reports of AID Units on the implement1ation of DIDM Investigative Directive No. 2015-03, specifically on barangay drug clearing operations in consonance to DOB Regulation No. 2, s. 2007 and DILG MC No. 2015-63; I) Coordinate with DIDM regarding the use of e-Blottt3r, a-Warrant, e-Subpoena, and e-Rouge Systems; m) Submit weekly assessment to the Oversight Committee on the national drug situation: n) Provide assistance to the secretariat of the Oversight Committee on illegal drugs; o) Serve as the repository of records and reports on illegal drug activities; and p) Perform other tasks as directed. 13)1G '•· a) Support the implementation of the Internal Cleansing Strategy: b) Assist in the neutralization of drug groups/personalities and PNP personnel who are involved in Illegal drug aetivitles; c) Assist in information collection efforts for anti-drug special operations and barangay clearing operations; d) Develop and provide intetngence support to counter irregularities in the conduct of anti-drug operations; e) Identify operational areas on illegal drugs (warehouses, production areas and distribution points and drug routes); Page 12of18 :pC-"!ir..u-;.::. :,.,,~:'!;·<~··tt:i.ndant .~ '·:~.! ~~'··· ·,,J' ,. , .... '.[.;# Adrr:!t:i:_~~:?.;:ivu Officer f) Identify personalities (Lords, warehousemen, Finance/Admin Officer) and their protector, handler, financie1r, supporter, conduits; g) Conduct regular assessment, evaluation, review and monitoring of PNP personnel with derogatory infonnation and/or listed in Cl watch list on illegal drugs; and h} Perform other tasks as directed. 14)LS a) Assist in the legal aspect of this CMC; b) Draft undertakings and generic statement of the PROJECT TOKHANG; c) Support the implementation of the Legal Offensive Strategy; d) Provide PNP lawyers in the regions as detQ.iled Les~al Officers of anti-drug units at regional, provincial, '\ levels· t dis~rict, city and station \;· 'I e) Provide legal assistance to PNP personn~t who were charged from any Incident/harassment related to the performance of their duty per section 49 of the RA 6975, as amended lby Sec. 56 of the RA8551; f) Assist in the formulation of policy directives to avoid bungling of illegal drug cases and improve the conviction rate i:>f illegal drug cases filed in court; g) Monitor the compliance of legal officers in accordance with DIDM Investigative Directive No. 2015-03; and h) Perform other tasks as directed. ,- 15)SAF a) Provide tactical and/or operational support to AIDG, Regional, Provincial, District, and City AIDSOTG in the conduct of highprofile anti-illegal drug operations; and b) Perform other tasks as directed. 16)MG a} Support AIDG, Regional, Provincial, District, City and Station AIDSOTG in · the conduct of interdiction opercttions at all seaports nationwide against local and transnational drug syndicates: b) Facilitate access to seaports and other assistance to AIDG, .j Regional, Provincial, District, City and Station AIDSOTG personnel in the condud of narcotics investigations and/or operations in their AOR; c) Established a coastal boarder control in coordination with RD, PROs; and d) Perform other tasks as directed. j • i: i.·· i.: '.«,,. ~l Page J3 ofl8 Adrninis:r:::;·1:v{. Ut·/·iGor 17)AVSEGROUP a) Support AIDG. Regional, Provincial, District, City and Stations AIDSOTG in the conduct of interdiction operations at all airports nationwide against local and transnational drug syndicates: b) Facilitate access to airports and provide other assistance to AIDG and RAIDSOTG personnel in the conducl of narcotics investigations and/or operations within airport AOR; and c) Perform other tasks as directed. 18)PCRG a) Assist DPCR particularly in the PCR and rehabilitation aspect of thisCMC; b} Support the implementation of the Demand Reduction Strategy, and Awareness and Realization Program in coordination with DPCR; c) Support the implementation of the DARE Program and other Demand Reduction ActiviUes in coordination with the DPCR; d) Persuade drug personalities to voluntarily surrender; e) Expose protectors, coddlers, supporters using TRIMP; and f) Perform other tasks as directed. ~· ' 19)TS a) Support the conduct of necessary trai~lng relative to the implementation of the PNP anti-Illegal drug strategy; b) Assist in the allocation of training facilities and equipment; and c) Perform other tasks as directed. 20)CLG a) Support the processing, examination and custody o·f seized drug evidence by AIDG, Regional, Provincial. Distri1~. City and Station AIDSOTG; b) Provide data on the quality recovered/seized during operation; and quantity' of drugs c) Assist In monitoring of Ulegal drug cases filed in courts; d) Support the implementation of drug testing program; e) Provide appropriate technical and forensic support; and f) Perform other tasks as directed. 21)HS a) Provide medical stipport; b) Assist in the referral of drug users to the DOB and DOH; and c) Perform other tasks as directed. CRIS~ASDI Police Pagel4 ofl8 S•.~7,2~ii... ~·Hnd19nt Aclminis·~.:-.;:;U;. c ·'..>i'iicer '1'. 22)0ther NSUs ';' a) Provide all necessary operational and administrative support to AIDG, Regional, Provincial, District, City and Static>ns AIDSOTG relative to their respective areas of interest; and b) Perform other tasl .._.. :_;·.· :;;· C·i'rici:::r 1 j ' •' Page 1Sof18 q) Coordinate with Local Chief E>:: 11i:::1tt:c;~·',,i, RONAb ..M DELA ROSIA :.::::(;·j~~;'.~~W::~Police Di ector General ": ·,;r,;·i·f!:,.:1:::ci:' ,~,:~'i~:i•\"','::. Chief PNP '""i" . • . Distributiori: Command· Group Directorial Staff· AlG,IAS Personal Staff Regional DirectOrs, PRCs District Dire.ctors, NCRPO Directors, NSUs CPNP< 1.ttll '.16 . .. 6Q(IG044 111111111111111111111111111111111111111111111 . SOG6044 Annexes: "A" - Stages of ~reject Tokhang "8" - Organizational Structure of RAIDSOTG "C'' - Organizational Structure of PAIDSOTG "D" - Organizational Structure of DAIDSOTG "E" - Organizational Structure of CAIDSOTG ~ £ .CRIST'l · M TABDI ·Police . uperintendent Administrative Officer Page l8of 18 1 ( •, i:: ANNEX ''A'~ STAGES OF PROJECT TOKHANG [ • :. J START + STAGE1 Collection and validation of ............._ Information on suspected COLLECTION AND VALIDATION OF INFORMATION Illegal drug activities from PDEA, NBI, LGUs, BADAC and other PNP units/offices STAGE2 • Coordination with LGUs, BADACs, DOB, and other concerned agencies re Implementation of the Project UTOKHANG" COORDINATION STiAGE3 HOUSE VISITATION Craatlon of teams to conduct • house vl!>ltations. STAGE4 Continuous conduct of house \ • • Actual implementaUon of Project "TOKHANG" In the presence of members Of BADAC and barangay tanods. PROCESSING AND DOCUMENTATIONS visitations and referrals for documentation, and negatfon. rehabllltatlon, , DRUG PUSHER ( ! Refer to Local Police Station for 1nterview and DocumentaUon Referto LGUs and DDB for Voluntary Rehablutatfon i MONITORING AND EVALUA~ION [ l ! f"R:"~er to Al\tf.IUegat Drugs Refer to Local Police Station for Interview and UndertaJdngs ~ + • L__!nits for Case Build.Up Upon generation of !~ufficient ] .,. ___ _ and <~rimlnal action against the hostile drug pusher, the operaUng team Whe11 reports cf Illegal drugs • The COP shall at:UYIUes petslsts despite the constantly monitor house visitation, the chief of and evaluate the concerned police unit In actMty and provide , coordination with BADAC • shall lmmedlately Initiate action for the legitimate • arreGt and fllfng of appropriate charges against persons subject of house , visitations. weekly update/report to RD thru RAIDSOl'G. Eihall lmmedlately effect arrest/seizure ARREST AND SEIZURE ·- /2.. ' CRIST~~ABDI Polic~:: '.'..)L{le~·1nL~~nc!ent : Administrt::Uve Oi'fir·:r~r \ Information evidence to warrant the filing of Stages • :.1 (Hostile/Denial) ---........... ...... ,. Annex "8" Regional Anti-Illegal Drugs Special Operating Task Group .1 ~--=~ ,-_:.~~ 1·.·.·•. -- ---- ,R.AiosorC,:·~.'~--:~:: ·. ! ;. oepvty c~rpiJl~.'}(j~l--ti~oq;PJK> jj ; -.-, ~--· -.--:-.-.-.-'"':".-; -~'.'.~·-:""'.-. 1------~[~.·...:~tt~~.··.~ ___·_ ::..._:_,;...;..:,_··_.·-·------~:___::_..:..:'._:_,:__:·. .... -- _... 0 -c~ 'w " QJ ,, ro -o ,:::::: ~.$6 ~ c 0 > >O::; ·;:,: "" {;_! :;..:; ;l§- ~ ~~ ~:) ;:: ~) ·;=·e: (}) cj -·n:: 0 -6 (.) 0.. tG:r :~ ··--·-• ·• ··--··'.C:" ~ • ._., ·, __:; __ .._.· -§6 0 __:.., u ~i~ .§ ~flf ~:s Cl- C!1 . ~_;::- ---- u ::.--: 0... -~ <( --· Annex "0" "' , . District Anti-Illegal Drugs Special Operating Task Group - - ~r~~B~~~1~~~!~?~~,······,~: I .. _ ;:~· :-. .,. _..;- . ::- ~-:-- ·_- ;~' ·: o!):~" - i - - ·-· · ' B." DA1~Ac· ·:Yi;:.';/ I ~filll!tl~I ....... -~~ C~c ~~~ ~~~ ~G~ ~ ?f ~~-§ ~8~ ~:~~ o~~ ~~~~~~~----:::-:---· \ --- - Annex "E" City Anti-illegal Drugs Special Operating Task Group ~~~f;~JtB~.~Ri! -- --,--c-~----~~ !--------'~······ ~~fjfllll -- - .:..---.- - .- __,,,_ ----~- -·.-~·-':...,.':,...-.:..~~;; 6 co ~ .,_ 8 "0-ii) s:: ::'.= ..... -~ Ci() , ~· .f ~ 1";" . • "'.""~ "·' ---?:-· ... ~~1 ·-- ;:~ ·E 1 L':~ CJ ~ ;.~ r- (f) 0 ·;= Cr'. ·c;-§ () 0.. <( ·r ~ 1!j .N A 'l' ~ {1~ _... 'lJ "'] {.'WPRRS AND ARC.Hlv ES SERVICE \ . CP - SE.NA1~· . \ ~j_ WWVLAR f.Ul::Sal~J --· TCM \? ANNE)t~' B' i;g lilll'•:.a~·111·•··-·11w_.. Republic of the Philippines Congress of the Philippines SENATE Pasay City COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS Date Thursday, August 24, 2017 Time 2:00 p.m. Venue Sen. Claro M. Recto and Sen. Jose P. Laurel Rooms 2nd Floor, Senate of the Philippines Financial Center Roxas Boulevard, Pasay City Agenda PRIVILEGE SPEECHES OF SENATORS AQUINO, HONTIVEROS AND PACQUIAO ON THE DEATH OF KIAN DELOS SANTOS, ALL DELIVERED · ON AUGUST 22, 2017 ..:I· 11 PROPOSED SENATE RESOLUTION NO. 471 RESOLUTION EXPRESSING THE SENSE OF THE SENATE TO CONDEMN THE KILLING OF KIAN LOYD DELOS SANTOS AND TO DIRECT THE APPROPRIATE SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, TO DETERMINE THE ACCOUNTABILITY OF THE PHILIPPINE NATIONAL POLICE IN THE CONDUCT OF THE CAMPAIGN AGAINST ILLEGAL DRUGS THAT MAY HAVE RESULTED IN UNNECESSARY AND UNJUSTIFIED DEATHS AND/OR KILLINGS (by Senators Pimentel, Sotto III, Recto, Angara, Binay, Ejercito, Escudero, Gatchalian, Gordon, Honasan II, Lacson, Legarda, Pacquiao, Poe, Villanueva, Villar, Zubiri) PROPOSED SENATE RESOLUTION NO. 473 RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE. RECENT SERIES OF DRUG RAIDS BY THE POLICE AND THE 1 I NOT TO BE TAT\EN OUT OF THE R.F.f!OH.rn·; J\ i\ lJ A H.nH I Vll::-> HI<;Rvrn~ '.I~ Committee on Public Order and Dangerous Drugs August 24, 2017 (Thursday) Page 2 DIRECTION OF THE ADMINISTRATION'S DRUG WAR, WITH THE END IN VIEW OF DETERMINING THE POSSIBLE ACCOUNTABILITY OF POLICE OFFICERS AND OTHER AUTHORITIES INVOLVED, STOPPING POLICE ABUSE AND. PROTECTING THE RIGHTS OF OUR CITIZENS (by Aquino IV, De Lima, Drilon, Hontiveros, Pangilinan, Trillanes) ATTENDANCE SENATORS: HON. HON. HON. HON. HON. HON. HON. PANFILO M. LACSON Chairman GRACE POE Vice Chairperson EMMANUEL \\MANNY" D. PACQUIAO- Member FRANKLIN M. DRILON Ex Officio Member PAOLO B.ENIGNO "BAM" AQUINO IV-Guest Senator JOEL VILLANUEVA Guest Senator RISA HONTIVEROS Guest Senator GUESTS/RESOURCE PERSONS:. Hon .. Vitaliano N. Aguirre II - Secretary, Department of Justice (DOJ) Senior Deputy State Prosecutor, Officer in charge National Prosecution Office, DOJ Atty. Severino 1-1. Gana Jr. Atty. Darwin Canete - Assistant City Prosecutor, Caloocan City Atty. Persida V. Rueda-Acosta - Chief, Public Attorney's Office (PAO) Dr. Erwin Erfe - Medico LegaLOfficer, PAO Atty. Christia.Sheine Girao - Integrated Bar of the Philippines (IBP), National Committee on Legal Aid (NCLA) 2 C51'.Tff'le.JJ: TOC.()llY ... #TONI.A/#, MM8S Committee on Public Order and Dangerous Drugs August 24, 2017 (Thursday) · Page 3 P/Dir. Gen. Ronald M. Dela Rosa - Chief, Philippine National Police (PNP) P/DIR Oscar D. Albayalde - Regional Director, National Capital Region Police Office (NCRPO), PNP P/CSupt Roberto B. Fajardo - Former District Director, Northern Police District (NPD), PNP Atty. Alfegar M. Triambulo - Inspector General, Internal Affairs Service (!AS), PNP PCI Jocelyn P. Cruz - Medico Legal Officer, Northern Police District (NPD) Crime Labor~tory Office, PNP P/Ssupt Chito G. Bersaluna - Former Chier, Police Station 1 Caloocan, PNP PCI Amor C. Cerillo - Commander, Police Community Precint, Caloocan SPOl Michael Anthony Ramirez - PNP, Caloocan P03 Arne! Oares - PNP, Caloocan P02 Adrian Pagulan - PNP, Caloocan PSI Avelino Andaya - PNP, Caloocan POl Jerwln Cruz - PNP, Caloocan POlJeremias Pereda - PNP, Caloocan Atty. Oliver S. Yuan - Yuan and Associates Law Firm Dr. Ricardo M. Rodane - Chief, Medico Legal Division .National Bureau of Investigation \ (NBI) Mr. Ricardo C. Quinto .. - ·Deputy Director for General · Operations Philippine Drug , Enforcement Agency (PDEA) Hon. Jose Luis Martin C. Gascon - Chairman, Commission on Human Rights (CHR) 3 j Ciltnt'IEI T"'1E PHflTOCGf'Y (){JtJ I MtTOllllA .P. '&A"lll•S OIREC T01' • Ill ., · - -·--••• • .arul\.ICe eur Committee on Public Order and Dangerous Drugs August 24, 2017 {Thursday) Page 4 Hon. Karen Gomez-Dumpit - Commissioner, CHR Hon. Roberto Eugenio T. Cadiz - Commissioner, CHR Hon. Leah Tanodra-Armamento - Commissioner, CHR Hon. Gwen Pimentel-Gana - Commissioner, CHR Dr. Michael A. Figueroa - High School Principal Lady of Lourdes College Mr. Saldy Delos Santos - Father of Kian Delos Santos Ms. Lorenza Delos Santos - Mother of Kian Delos Santos · 11 SENATE SECRETARIAT: Ms. Charlyne Claire Fuentes-Olay Ms. Jennifer L. Flores Ms. Norma G. Dizon Ms. Cindell B. Gealan Ms. Rosemarie J. Ortiz Mr. Guillermo E. Sapinoso Jr. Ms. Anna Leah C. Catimbang Ms. Bathaluman H. Gonzales Ms. Jeanne M. Baisa Ms. Jo B. Cadaing Mr. Eriberto Cana Ms. Jenniffer de Sliva Mr. Marino Baltazar Committee Secretary Committee Stenographer -do-do-do-do-do-do-do-doCommittee Support Staff -do-do- [For complete list, please see attached Attendance Sheet] ~ERT1FIE8 Tl'fUE flll-HJTOCOl'Y {){M>) "'#TO#/,#. ,., M"'"os /JlltEC TOlt • Ill LK. l'f.ECOROS i ACHIVES SVC S.EN~:JE OF THE l'Hlli.11',.lt'IS •' .. ' 4 ,,I 't~· COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS GESapinoso V-1 August 24 2017 2:39 p.m. at kinakaladkad doon sa CCTV. 4 Pakikwento po, ano ba ang naging puno't-dulo nito, bakit nlnyo klnailangan damputin ang. batang iyon? Sino sa lnyong tatlo ang maaaring magpatunay o magsalita ukol dito o lyong team lead ninyo? THE CHAIRMAN. Before you respond, the Chair acknowledges the presence of the Senate President, Koko Pimentel. Are you willing respond to that question even without the assistance of a counsel? Anyway pababa na iyong counsel from the Senate, we might as well wait for them. You can ask the other resource persons muna. SEN. POE. Okay. Mr. Chair, habang hindi pa natin sila pwedeng tanungin ukol dito, tatanungin ko muna siguro si General dela Rosa. f. General, noong August 15 to 18, nakalathala po na walumpu't ' II isang. tao ang napatay sa mga operasyon sa iba't-ibang parte ng Pllipinas. Sa tatlong a raw ganoon karami ang nC)matay, pa rang na.... timing-an rin na iyon lyong panahon din na sinabi rin ng ating Pangulo na napakahirap manalo dito sa giyera natin sa droga at nahihirapan na rin. Naiintindihan natin iyon pero parang masyado yatang nasadya lyong timing na lyon. Bakit, nagkaroon ba ng pag-uutos galing sa inyo na kailangan ay ma-intensify and kanilang mga operasyon kaya ganito ang nangyari? CERTIFIED TRUE ,.HOTOC0"1f ANTO(/;;f:/f~ffff.OS DIRECTOR • IH LEG. 1'ECORDS I. ACHIVES SVC · SENA TE OF THE flHILl""l~H ' 37 COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS GESapinoso V-1 August 24 2017 2:39 p.m. 5 MR. DELA ROSA. Your Honor, personally, J have no orders to launch the operations but our operating units were taking the cue from ~1 the words of the President that our anti-drug operation is unrelenting. So we just continue since day one of this administration, the intensity of our anti-drug campaign is the same, Your Honor. There is no struggle. SEN. POE. So wala kayong direktang inuutos kaya naging ganoon ang kinahlnatnan ng mga operasyon? MR. DELA ROSA. My general policy, Your Honor, to all operating units ls, continue, just continue the war on drugs. SEN. POE. Kasi po, pagkatapos nangyari noong kay Kian ay na- report na halos dalawang araw na walang napapatay, kung hindi aka nagkakamali. So ngayon walang ·mga nabibiktima sa mga ganyang Oplan Galugad dahil nga magmula noong nangyari na nakatutok lahat sa naging operasyon doon sa Caloocan .. Ano kayang nagpalit doon? Natigll ba ang operasyon nlnyo dahil nga dito sa imbestigasyon? MR. DELA ROSA. Slguro, Your Honor, kasama na rin iyong nai I discourage iyong operating units, sabihin nila sig~ro, "Bakit tayo sige operate dlyan, magkadisgrasya tayo, makapatay tayo diyan, tayo ang mananagot, problem a tayo." So kasama na iyon sa discouragement, Your Honor, kaya siguro nanlambot iyong ating operating units, niedyo hindi na ginanahan munang mag-operate. Cl!HTfFIEO T1fUE PHOTOCOPY (JNJ.1 1\#TO#lli "· AIAl'fl'fOS DlltECTOR • Ill l.EG. l'fECOl'ta5 ' ,_CHIVES .!iVC SC/"A TE OF TH! PHii.i/iP/NH 38 -• --- •• ..,, ... ..., • ....,..., ... ..•v .. •\.1,.• .. •11JJ.1p-\.,.Jlll,,,..J- GAl\A NEWS ONLINE ___ ___ (http://www.gmanetwork.com /news/) - ,l IAI_.~ N. r::x,~·~ .~~ ('\. . , , , '1:> j&l?J JI ii ~ . c~W l •' I 'II\ 16'•~·.•tjj;W•fl'f'".. ''tt'f\V/•'~":t,I - - ·..·--·..--··-···.... .. NEWS Filtered By: News PNP chief: Generals involved in drugs raising bounty to neutralize me Published September 28, 2016 3:57pm By AMITA LEGASPI (http://www.gmanetwork.com/news/archlves/authors-amitalegaspi), GMA News ~ Philippine National Police chief Director General Ronald dela Rosa on Wednesday said he received reports that generals involved in illegal drugs are now raising bounty to have him neutralized. Dela Rosa said he is having the report validated. "\, •' "Balita ko lang na pinopondohan kami. Tsismis lang naman 'yung narinig ko. Bine-verify ko pa. Tsismis lang 'yu n pero baka may katotohanan na tsismis 'yan," he told reporters at the sidelines of the Asian Defence, Security, and Crisis Management Exhibition and Conference in Pasay City. "We have received information na itong heneral na mayayaman na ito nakapag-ipon na ng pera ay pinopondohan na kami na para ma-neutralize;' he said. Asked how much was the bounty, the PNP chief said it seems the generals are still raising the amount. "Naghahanap pa siguro sila ng pondo. Baka marami silang naipon doon sa drug (operations) nila," he said. He, however, refused to name who are the generals who wanted him neutralized. "Hindi ko (sila) nakakausap. Mutagal na knming hindi nag-uusap;' he said. He sees the threat posed by the generals as more serious than the Pl billion bounty allegedly raised by drug lords (/news/story/569827/n ews/nati on/bou nty-for-d uterte-i nco mi ng-pnp-chi ef-ra ised-to-p lb-report) earlier. "Mas matindi itong sa mga general, mas maraming tao ito. May mga tao sila na sindikato rin e, involved sa droga," he said. As early as June, reports said that a drug lord named Peter Co, detained at the New Bili bid Prison, offered a PSO-million reward forthe assassination of Dela Rosa and President Rodrigo Duterte. The bounty for killing Duterte and Dela Rosa started with PlO million and was raised to PSO million (/news /story/569296/news/nation/pSO-m-offered-for-killi ng-hi m-a nd-duterte-i ncomi ng-pn p·ch ief-says) and then P1 billion. (i Dela Rosa is at the forefront of the Duterte administration's intensified campaign against illegal drugs. "; He said that high-value targets or drug lords will be the focus of the next phase of Project Double Barrel (/news/sto ry/582846/news/nation/pn p-to-focus-on-d rug-lords-in ·next-phase-of-i llega 1-d rugs-campaign). -KG, GMA News 1 of5 ,L 11'\l.t ,,..,,... .. _ - , '"'-· • · · -· - · ............. _.,.,......,,."' --''-"-' GMA NEWS ONLINE rv\.JI }JlljJ-Ulll..ll,.-,.. ANNE.X U.J'~_:l_,_.'D!~ (http://www.gri1anetwork.com /news/) NEWS Filtered By: News 'NEUTRALIZED IS BETTER' PNP ditches 'killed' term in Oplan Double Barrel report Published October 18, 201610:13am By AMITA LEGASPI (http:/)'www.gmanetwork.com/news/archives/authors-amitalegaspi), GMA News -!>.l!l.1.~.c>• .1.:~rr" J . ... ,:•·.· J~N!NE)~ ·,' . i' Republic of the Philippines CONGRESS OF THE PHILIPPINES ' SENATE , D u -·-,..•••••r··--·.... ·n Pasay City COMMITTEE ON JUSTICE AND HUMAN RIGHTS JOINT WITH Tl-IE COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS \ Date Tuesday, August 23, 2016 Time 9:30 a.m. Venue Senate Session Hall 2nd Floor, Senate of the Philippines Financial Center, Roxas Boulevard Pasay City Agenda PROPOSED SENATE RESOLUTION NO. 9RESOLUTION DIRECTING SENATE THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS TO INVESTIGATE, IN AID OF LEGISLATION, THE RECENT RAMPANT EXTRAJUDICIAL KILLINGS AND SUMMARY EXECUTIONS OF SUSPECTED CRIMINALS, TO STRENGTHEN THE MECHANISMS OF ACCOUNTABILITY OF LAW ENFORCERS, AND TO INSTITUTE CORRECTIVE LEGISLATIVE. MEASURES TO ENSURE FULL RESPECT FOR BASIC HUMAN RIGHTS, ESPECIA1LLY THE RIGHT TO LIFE (by Senator L De Lima) ' N'O'l' TO rm RECORDb TYLCEN OUT OF THlt S:bH. \'1 ;:i..i\.t.; .:.. hCh.l V.L:i::i 1.... • 1 CERTIFIED TRUE PHOTOCOPY ()~I 7• .. illlli ·• :~Committee on:~U~tice and Human Rights Joint with the Committee on Public Order and · ·Dangerous Drllgs: · August 23, 20*~;~(Tuesday) '· .• l" ~~ ;.:. . : ;~f\J~:fl~·· i'.'i1 l•\:i PRIVILEGE SPEECH OF SENATORS DE LIMA, CAYETANO AND HONTIVEROS DIELIVERED ON AUGUST 2, 2016 ATTENDANCE SENATORS PRESENT: t -Chairperson, COm[llittee on Justice and Human, Rights HON. PANFILO M. LACSON -Chairman, Committee on Public !.. Order and Dangerous Drugs HON. FRANCIS "KIKO" PANGILINAN-Vice Chairman, Committee on Justice and Human Rights HON. GREGORIO B. HONASAN II-Vice Chairman, Committee on . Public Order and Dangerous Drugs HON. GRACE POE -Member HON. MARIA LOURDES NANCY S. BINAY-Member HON. EMMANUEL "MANNY" D. PACQUIAO-Member HON. JOSEPH VICTOR G. EJERCITO-Member HON .. FRANCIS G. ESCUDERO -Member HON. ANTONIO F. TRILLANES IV-Member HON. JOSEPH VICTOR G. EJERCITO-Member HON. FRANKLIN M. DRILON -Ex.;Officio Member HON. VICENTE C. SOTTO III -Ex-Officio Member HON. RALPH G. RECTO -Ex-Officio Member HON. AQUILINO "KOKO" PIMENTEL III-Senate President HON. JUAN MIGUEL "MIGZ" F. ZUBIRI-Guest Senator HON. WIN GATCHALIAN -Guest Senator HON. PAOLO BENIGNO "BAM" AQUINO IV-Guest Senator HON. JOEL ~JLLANUEVA -Guest Senator HON. RICHARD J. GORDON -Guest Senator HON. LEILA M. DE LIMA . HON. SONNY:.ANGARA -Guest Senator CERTIFIED TRUE PHOTOCOPY ().fru, ANTONIA P. BARROS ..... '·' ;,• l· . DIRSCTOR ;. Ill 1.EG. RECORDS & ~19.HIVES SVC SENA TE OF THE PHILIPP/NF.S l 2 ;::; ~':::· ': · ; Committee on d~~tlce and Human Rights Joint with the Committee on Public Order and . , , ' Dangerous DrLi~~: · · :1 August 23, 20f9)(Tuesday) }f\J :;i ;: ;'.· !: ~-;: :.r ~ : '.:.. l ~· I•: \11 ~ !· ir '·' ii ii ; ~ "\ :1.• .j\ ··11 .:!:: GUESTS/RESOURCE PERSONS: · · 1rn Dir. Gen. Ro'.q~ld Dela Rosa Hon. Catalino:s. Cuy . .:chief, Philippine National Police (PNP) -Undersecretary, Department of the Interior ·:.•!:: and Local Government (DILG) Hon. Jose Luis Martin C. Gascon-Chairperson, Commission on Human Rights (CHR) Pol. Chief Supt. Leo Angelo D. Leuterio-Internal Affairs Service (!AS), PNP P02 Alipio Balo Jr. -PNP, Pasay City P01 Michael Tomas -PNP, Pasay City Atty. Benedicto Malcontento -PNP Legal Counsel Ms. Mary Rose: Aquino -Witness, Parents killed in drug operation Ms. Harra Kazuo -Witness, Partner and Father-in-law killed ' in drug operation :!'1 r;; SENATE SE~.~ETARIAT: Atty. Philip M. Lina Ms. Charlyne Claire F, Olay Ms. Helen S. Gayapa Ms. Jo B. Cadaing Ms. Maribel P. Mendoza Ms. Norma G. ;Dizon Ms. Nida A. Ma.ncol Ms. Rosemarie J. Ortiz Ms. MQrivic H~ Ulep Mr. Guillermo::Sapinoso Jr. Ms. Anna Lec;ih. Catimbang Ms. Sherill M. Villadiego Mr. Rommel P. Alger Ms. Jeanne M. Saisa Ms. Bathaluman H. Gonzales c. ·]. -Committee Secretary, Committee on Justice and Human Rights -Committee Secretary, Committee on Public Order and Dangerous Drugs -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee Stenographer -Committee -Committee -Committee -Committee Stenographer Stenographer Stenographer Stenographer CERTIFIED TRUE PHOTOCOJ>Y {)ff!y_ ANTONIA P. BARROS DIRl.!iC TOR • JI/ LIEG. RECORDS & ACHIVES SVC SF.NA re OF THE PHILIPPINE:s .1 •. (' 3 ."f .'t. . [' VII-2 August 23, 2016 1:23 p.m. 6 [ii ; :~: ' , U;;f Mayrtjp~ pong gustong idagdag si Usec Cuy., Sir. mi . MR~ q:,QY. Thank you, ma'am. ':}·:i~~!:]t Ma'am, doon sa recent meeting ng Dangerous Drugs, Board, there was a resolution prepared allowing or encouraging th<:! different operating units under the Dangerous Drugs Board like the PNP, the PDEA, the l'JBI, to give monetary incentives to their operatives for successful drug operations. ·;. ~ SEN. POE. So mga magkano po para lang mafntindihan ng ating mga kababayan? MR. CUY. Wala pang na-specify na amount but depende po iyon sa availability ng funds. SEN. 'POE. At ito'y galing sa budget mismo ng? MR. CUY. Respective units, agencies, ma'am. SEN. :POE. Hindi galing sa Office of the President intelligence fund? .. J. MR. CUY. Hindi po, ma'am. SEN.::POE. Hindi pa iyon? MR. CUY. Hindi pa iyon, ma'am. CERrlFIED TRUE PHOTOCOPY _O:f/)J ·:1 _,. ANTONIA P. BARROS D/fU!iCTOR • Ill l.EG. RECORDS & ACHIVES SVC SENA TE OF THE PHILIPPINES 180 ·~: ::-. ·.d:· d,: COMMITTEE~ ON JUSTICE AND HUMAN RIGHTS JOINT \Ill/ITH THE COMtJIITT~.~~:ON PUBLIC ORDER AND DANGEROUS DRUGS Mhulep. ti;H.· VII-2 August 23, 2016 1:23 p.m. 7 l!\l,! i!1'i:;, SEN.J?:PE. Fi> noong Sige. Ang atin lang babantayan dito ay hindi gamitin . mga};~ismong kasangkot ang pabuya na iyan na magtuturo sila ,;·•··1 · ng mga k~~amahan nila tapos sila ang makakatanggap ng reward . .~· ~: ! Tingnan din natin kung ano talaga ang mga koneksyon ~oong mga kasangkot dito. Malapit na iyon.g oras ko. Nais ko na lang sabihin unang-una, sa ating CHR, · maraming salamat din sa inyong courage na patuloy din ninyong ginagawa ang inyong trabaho. Napaka-pupular ng laban sa ma!~ing droga. At gusto natin, lalo na bilang mga magulang na ligtas ang ating mga anak. Pero kasama din noon ang kaligtasan ng bawat inosenteng mamamayan. At kailangan kayo diyan. Sa ·atip naman pong mga kapulisan, ang aking mataas na . paghanga : at respeto sa Inyo noon pa man noong kayo'y iniimbestigahan ko kasama ko nga si General Magalong diyan sa Mamasapario::noon pa. Alam ko delikado din ang inyong trab21ho. General dela Rosa, kung mayroon akong masasabi tungkol sa inyo, nakaka.usap ninyo ang ating mga kababayan at naiintindihan kayo. At iyari '.:ay napakahalaga para mabigyan sila ng kapanatagan. 1 · Pero • "paalala rin, na ang kapangyarihan pa minsan ay nakakalinlang. At pagkat ikaw ay napapalibutan ng mga tao na mga CERTIFIED TRUE PHOTOCOP~' :{PfU. ANTONIA P. BARROS DIFlECTOR • Ill t.F.G. RECORDS & ACHIVES SVC SENATE OF THE PHILIPPINES 181 ' II, ' \i, ,,, 11, ,,,'" "1,, 1 1. 1· :j ,! I ' I ' ' ..I 1 .1:1 ' ' I I ' ,· 111 L I •I :1· : ::1 ·: "' ·111 1 I i~ 1:1 ''1h1~h11ttlm'!Jlfltf!ol1flt1'1°0llltttrhtr!'lt1!lll.!1'1:'1'f'tlt1i1't11•rl••!t~l111"''1! '" 1"l•tll"'ll'lil>i•flll~'''ll•'i111·1!111Llf•~Mlll i I' . H: i H. MM. 1. a. Manama: . . A =5 Olwgm??c?nm? is: Li r--,· '!"<. ......, Republic ofthe Philippines Departtnent of the 11ltetio1' an.cl Local Government National Police Commission REGIONAL CRlMELABORATORY OFFICE· CdRDILLERA Camp Bado Dangwa, La Trii1idad, Benguet MEDICO-LEGAL REPORT NO. BSD-072-16 CASE: Alleged Shooting Incident VICTIM: R.yan. Dave Tuazon Almora TIME AND DATE AND PLACE OF EXAMINAtION: The body was examined at 6:30 PM of29 July 2016 at the morgue of Balmy Damayan Funeral Homes at No. 42, Km. 5, Marcos Highway, Baguio City. REQUBSTlNG PARTY/UNIT: Station Commander Baguio City.Police Office· Police Station 10 Marcos Highway, Baguio Cily SPECIMEN SUBMlTTl~D: Cadaver of Ryan Dave Tuazon Almora, 34 years olcl, married and a resident of No. 183 Muller Subdivision, Crystal Cave; Bakakeng Central, Baguio City. POSTMORTEM. FINDINGS: GENERAL EXAMINATION: The body is that of'a fairly developed, fairly nomished Filipino male appearing to be consistent with the reported .age of 34 years. Tbe leilgth is 163 cm from crown to sole, and the estimated body weight is 140-180 lbs. There is a well•developed rigor mo1tis in the face, jaw, upper extremities and lower extt'etnities, with a dark purple and fixed postmortem liviclity at the dependent and posterior po1tions of the body. Preservation of the body is good, With no embalming. BODY MARKINGS: There are tattoo marks in the right anu,. lefl ann, left wrist, middle finger ofthe left hand, back, rig:h.ttl1igh roid the leftl~g. Scars are noted in the right anterior axillary' region and dorsum.oftheleft hand. No .oldsurgiCill scars, pigmented venipuncttiie sites, de:fonrtities or amputatiohs are noted. I., . HEAD AND NECK: TI1e head 1s ~1onnocephalic, and the scalp is intact mid covered with a black hair measm'ing 7 cm ill' length at the crown., The ears are nonnally formed.and free of drainage. Both sclera and conjurtctivae of the lower lids show a few small petechiae. The nose is intact. There js 110 fol'eign material it1 the mouth. The neck.is straight and synnnetric, with no indication. of abrasion, contusion, swel1ing, GSytlimeuy, or other nbnci1111ality. CHEST. AND ABDOMEN: The chest is symmetric and free of deformities. The breasts .;are .male. Them are perforating gunshot wounds in tlie chest, .to be described below. 111e abdomen is globular and finn. '11lere is a penetrating gunshot injury in the right upper qt1adratit of the abdomen, to be .described below. TI1e genitalia are that of an adult male, with the penis circumcised, with no evidence of recent genital injwy. Two testes are descended and palpable in the partially dried scrotunl, which is otherwise nom1al. The per:iileum,,and inguinal regions are normal. · -over- Cause of Death: Hemorrhage secondary , to Multiple Gunshot Wounds; Chest and Abdomen Manner of Death: Homicide Examined by: JAIME· RODRI Police Superint, ;;E'fRERO LEAL, MD ent Medico~Legat. (Forfutu feJnquirylreference; pfease. cit•g ·tllis MMic~~LegatReporf/VO.) '· Postmortem Finc1ings continued: EXTREMITIES: The tlppei" extremities are slightly flexed at the elbows. They are symmetl'.ical, well developed and free Of evidence of recent injury. The fh1ger111:tils are clean, neatly t1itnmed and have up to 1-2 mm overhang. The lower extretnities are straight, well developed and symmetrical, and free of eviden.ce of recent injury. There is 110 edema. 1'he feet are umemark11ble. BACK: Examination of the poste1for s1trface of the tnutlc reveafo exit gw1shot injuries, to be described below. There is no evidence of antemortem blunt force trauma. The buttocks are normal. The an11s is Clean and free of trauma. INTERNAL EXAMINATION: TI1e body is opened in the usual Y ~shaped thoraco-abdomirtal incision revealing a 3 cm thick abdominal fat layer. The anterior thoraco-abdomiilal wall has its normal muscular components and gunshot injuries are evident in the right pleural, left ])leural and peritoneal swfaces: Exposure of the body cavities shows· the contained organs in. their usual anatomic locations with their usual. a11ato1niC telatioi\ships. The serosal surfaces are smooth, thin, and glistening.· There is evidence of hemorrhage. in the right pleural, left pleural, petitoneal and pericardial cavities, which cbn:tain 1000 ml, 1500 ml, 500 ml and 150 mrblo6d and blood clots, respectively. The gastric :mucosa is intact and pinkish with no indication of any injury. There are no focal lesions and .no residual medications. The mgal folds are visible with neither ulcers nor erosions noted. The stomach .contains 250 ml partially digested food paiticles, negative for alcoholic odor. . Reflection of the scalp reveals 1lO hem01Thages. The calvarium is intact. There is no epidural or subd11ra1 hemorrhage. Removal of the dura from the base of the skull reveals no fractures. The leptoineninges ate thin and transparent with slight vascular congestion but no underlyii1g blood or exudate. Exaniination of the cerebral convexities reveals an .rtnremarkable gyral pattern with no asyinnietries, edema, atrophy,. focal softe1iing or hemorrhage. Examinati01t of the base Cif the brain reveals no evidence of uncal or cerebellar tonsillar heritiatioIL The circle of Willls is nonnally formed and free of atherosclerosis or :memysms. EVIDENCE OF INJURY: 1) There is a perforating g1111Shot wound of the left chest. ·• Entrance: Measuring 0.7 x 0.6 cm, 2 cm from the mtterior n1idli1te and 126 cm from the he.el is a gunshot wound entry site at the left anterior cos\al region. It is Bun·ounded by a contusion collar "Wbicli measures 03 cm superiorly, 0.2 cm medially, ancl 0.1 cm· laterally and inferiorly. The gunshot w01md entry site is not associated with any scorching, singeing; sinudgit1g or powder tattooing. Exit: Measuring, 1·x 1 cm, 13 cm from the posteiior mid1ine, and 112 0111 from the heel is a .gunshot wom1d pomt·ofexit li.t the leftlumbar regio~. Woumltrac/i: The bullet enters the left pleutaLcavity by D:acturing tl1e .S 1h left tl1oracic db, then lacerating the upper lobe ofthe left lung, pericru·?tal sac, rightventricle of the heart, left ventricle Of~ffheal.t, lower lobe of the left ltmg, diaphntgm and the spleen. Tt exits in the left Iuiubar regio1t by lacerating the. left posterior peritoneal wall. The wound track is associated with hemon·hage in the left· pleural, pericardia1 ·and peritoneal cavities. ' · Trajectory: Posterimward, down,ward and later~ward. 2) ·There is a perforating gunshot wound of the right cl1est. Entrance: Measudng 0,7 x 0.6 cni, 11.5 cm from the anterior tnidline and·1:io cm from the.heel is a gunshot wound entry site at the light anterior costaLregi.on. It is surrounded by a contusion collar which measures 0.5 cm laterally, 0.4 cm supei'iody, and 0.2 cm 111edially and inferiorly. The gunshot wound entry site is not associated With any scorching, singeing, smudging or powder tattooing. -over- PSUPT JAIME RO ' .. •··.: ~ :'I f, II Evidence of Injury continued: Exit: Measuring 0.7x 0.7 cm, 8 cm fromthe posterior midline, and 101 cm from the heel is a g\Ulshot wound pointof exit at the left lumbar region. Woiwd track: The bullet enters the right pleural cavity by fracturing the 5th right thoracic rib, then lacerating the middle lobe ofthe right lung, diaphragm,· colon and lhe small intestine. ft exits in the left lumbar region by lacerating the left posterior peritoneal wall. The wound track is associated with hemorrhage in the right pleural and peritoneal cavities. Trajectory: Posteriorward, downward and from right to left. 3) There is n penetrating gunshotwound of the abdomen. Entrance: Measuring 0.7 x 0.7 ctn, 4 cut from the llhterior 1nidline and 109 cm from the heel is a gunshot wound entry site at the right upper quadrant of the abdomen. It is surrounded by a contusion collar which measures 0.2 cm superiorly, laterally, inf'ei:iorly arid medially. Tiie gunshot wound entry site is not associated with. any scorching, singeing, smudging or powder tattooing. Wmmd tracl': Wound tracl•: The bullet enters the light peritoneal cavity, pierci11g the colon .and the right kidney qnd thet1 fracturing the lumbar .vertebra. The wound track is a$sociated with heinotrhage in the peritoneal cavity. A fired bullet was recovered at t11e backbeneath the lumbarvertebr.a. Trajectory: Posteriorward, dow11ward andmedial~ard. xxx :xxx PSUPT JAIME RO \ :... xxx .-·' "· ·· l~epµtlllc olthe Philippines · ..... D.epat1rnenl.of fhe lntertor cmd Lbc:al·Govsrnmenf ' .. : Nallonal Police Gornmlsslon . l'HILIPPINE:l-IATIONAL rouc:r: I BAGUIO ClfY CIU.MI! l'.AsoRA TORY Metdlc·o·l~gal :01vlsl6n · upi;er·~ayong st,. llag\110 C::llY ·:• NA~~ /1 ·....•. ·~··l',L.U. 0~.v ,: fi'f~ ··1 ·. Or: • · 9\· rni=D1co-LEGAL9f'Fl~~:._MJ\l) .. ·;pc· • ~ a;;·~.9 .. , f' W t ~ \I-Ir 0 , 2.:;m. ''" ' '"' -~·''" 1\I,! ~,,· f REPUBLIKA NG PILIPlNAS ) ) S.S. SINUMPAANG SALAYSAY Ako, si ROWENA BUSTAMANTE APARRI, Pilipino, may sapat na gulang, kasal kay Nelson Aparri, at may address sa Purok 3, Isla Puting Bato, Brgy. 20, Tondo, Manila, ay malayang nagsasaysay, pagkatapos manumpa ng naaayon sa batas, na: 1. Ako ay kasal kay Nelson Apairi. Kami ang mga magulang ng lalaking pinatay na si Rex Aparri ("Rex"); 2. Ang aming pamilya, kasama si Rex, ay nakatifa sa maliit na baliay, na may dalawang palapag, sa Purok 3, Isla Puting.Bato, Brgy. 20, Tondo, ;: Manila· ' 3. Noong ika-13 ng Setyembre 2016, mga 7:00 ng gabi, habang ako ay nanonood ng telebisyon sa bahay at habang nasa taas si Rex at ang kanyang kaibigan na si Vanessa, biglang dumating ang anak ni · Vanessa. May sinabi yung anak ni Vanessa kay Vanessa, tapos nagmadali silang umalis. Naiwan si Rex sa taas; 4. Pagkaalis nila Vanessa, may limang armadong lalaki, na nakasuot ng damit sibilyan, na dumating sa bahay namin. Tinanong nila ako kung nasaan si Rex; 5. Pinuno ng mga armadong Ialaki ang lalaking mamayang nagpakilala sa sarili niya bilang "Alvarez", vigilante ng Delpan. Nakasuot si Alvarez ng puting shirt noong gabi ng incidente; 6. Habang karga ko si Lorens, ang l 0 buwan gulang na anak ni Rex at ang kanyang live-in partner na si Lory Ann Albarida ("Lory Ann"), tinulak ako ng isa sa mga armadong lalaki para makapasok sa bahay namm; 7. Pmnasok sa aming bahay si Alvarez at dalawa sa mga annadong lalaki. Tumuloy sa taas ng bahay si Alvarez, at isa sa kanyang mga kasamang armadong lalaki. Naiwan yung isang armadong lalaki sa baba para bantayan kami nina Lory Ann, Lorens, at Reycell Mae, ang ~n" lt-" l\T!:itnT~n n-:irn-:in C'".l 1".llh.".leo "'",.,. ,:J...,1..., .. ,,., ..,,,...,..,..... ,.,..,...,.,.,.1,..._,.. 1,.1,.1~: ,..;. !.1 ,,, binantayan nila ang pintuan namin para hindi makialam ang aming mga kapitbahay~ 8. Habang kami ay nasa baba, wala kaming naririnig sa mga pangyayari sa taas kung saan sina Rex, Alvarez, at isa sa mga annadong lalaki. Pinilit kami ng armadong lalaking nagbabantay na iwanan nainin ni Lory Ann ang aming dalawang cellphone sa ibabaw ng telebisyon. Kinapkap din niya ang bulsa ni Lory Ann, at kinuha niya yung pitaka na may pera sa loob; 9. Habang kami ay naghihintay ng halos isang oras, nakatutok sa amin ang baril ng annadong lalaki na nagbabatay sa amin. Tinakot din kami ng dalawang armadong lalaki na nasa labas ng balmy; 10.Noong nakalipas ang isang oras, habang kami (ako, si Lory Ann, Lorens at Reycell Mae) ay nakaupo sa sala, bigla nalang sumigaw ang annadong lalak:i na nakabantay sa amin. Sumigaw siya ng, "Sir! Positive! Patayin na natin siya!" Parang inip na inip lang siya, dahil wala naman siyang natuklasan o nalasig City MCLE Complianr.1> No. V-0013894 0211112016 ,:' MA.NILA POUCC DISTRICT r Cf~IMINAL Ii) INVl:.Sl10.A'f!ON lll'tANCH 'i- Crim•• Ao;olMit PnrsOIMJ lnYU11tJg11llon Scic.tlon Unltc_,d Nerron.5 A111tnoe C()n'\(tr Sao Mril'CO)\too Slrttel, Em'U'Lll. Manila T.,.I No !124-4'.l'l 1 l· "Ii.;.,; ...... ~~~:~ v;~tJ ~~~. MEMORANDUM FOR : THRU ; C, CtoU SUBJECT : SpotReport ·x· j· • ., H ......., ,,,.,,.,. '"'1·• Acting Oiatrici Director DATE : September 14, 2016 Reference.: Blotter Entry No. 2265; At 8:40 am of September 13. 2016. telephone Call from SP02 Gene Reyes of Moriones Police Station (PS#2) of this District was received by this office re Gun shooting incident wherein suspeet DOS at Purol< 3. Isla Puling Sato. Tondo. Manila. No other details were given. After nottfying concerned offices, SP03 Milbert Ballnggan and the undersigned Investigator responded to investigate. Nature of the Case : Shooting Incident Pel'$ons involved : P1-Etemont of O&lpan PCP led by P03 Ronatd Alvarez P2- REX APARRf y BUSTAMANTE, 30 years old, single, iobless, La.st resided at Purok. 3 Isla PuUng Bato. Tondo, Manila (Deceased) DTPO : September 13, 2016 at about 7:30 p.m., inside makeshift abode of the suspect located at Purok 3, Isla Puting Bato, Tondo, Manila (PS#2, MPO AOR) Evidence : 1. Death Certificate and Autopsy of the victim {to be presented tater} 2. One (1} .38 revolver without serial number loaded with five (5) live bullets and two (1) fired bullet (SOCO Custody) 3. Two (2) .9 mm fired cartridge cases (SOCO Custody) 4. Four (4) heat sealed plastic sachet of white crystalline substance suspected to be Methamphetamine hydrochloride a\s.o known as ·sHABU~ (SOCO Custody) Facts: of the case tnitial investigation disclosed that element of OELPAN PCP composed of P01 Nelson Macabadbad. P01 Ryan Binosa, P01 Edmar Lztsgan led by P03 Ronald Alvarez were conducting OPtAN TOKHANG and patrolling at the place. They knocked on the suspect's residence as part of the OPt.AN and spotted the herein suspect thereat. The \awmen identified· themselves as poUoemsn and approached the suspect but the latter suddenly drew out his gun and fired shot on the approaching lawmen but he missed his mark. At this instance, after sensing that their lives were in imminent dangel"., P01 EDMAR LATAGAN was constrained to retaliate and hit the suspect. After the smoke of gunshots subsided, the suspect was seen lying lifeless on the floor. SOCO Team led by PSI MESALYN MILAGROS R. PROBAOORA arrived and processed the crime scene. Cursory examination on the cadaver revealed gunshot wounds on the body. After recovering all the evidences. rough sketches and photographs were taken, the cadaver was brought by his family to the funeral of their own choice for autopsy. P01 EDMAR LATAGAN was advised to submit his incident. report and likewise present his service fwearm before this office for GPR examination. For information. """" 2.__ 2bharte-& John Duran Investigator-on-case ·· Noted and Forwarded: jf&'t.fMEL S ANICETE . ,Police Senior Inspector "' ;', : l!l't,~,f...f c·:A Df$ . ~·>·}:::~:-~·.:::'~:.'.y ~·.~.'1(: . nr.- ' J,\. ' L 1" '' ,1 .... \ I: ,1,;1 " -ti 1'~;\ )\1f...:··: ' : '.i. ' ~;j ,,:; ('·,• 1 REPUBLIKA NG PILIPINAS ) ) S.S. SINUMPAANG SALAYSAY Ako, si JEFFERSON ACENA SORIANO, Pilipino, walang asawa, nasa wastong gulang, at may address sa No. 74, Sto. Rosario Street, Brgy. Holy Spirit, Quezon City, ay malayang nagsasaysay, pagkatapos manumpa ng naaayon sa batas, na: 1. Isang gabi noong Mayo 2017, mga ika-8 ng gabi, :ilang mga dikilalang lalaki na armado ng mga baril at naka-suot ng pang-sibilyan · ang dumating sa aking tirahan; 2. Ako lamang at ang aking pinsan na si Jomar Tugad nasa baliay noong oras na iyon; {'~Jomar") ang 3. Ang mga lalaki ay dumating salcay ng 2 van:: na kulay gray, na sa aking pagkakaalam ay ginagamit ng pulis kapag nagsasagawa ng "tokhang operations" sa aming lugar; 4. Pagkapasok nila sa aking baliay ay tinutukan nila ako ng baril ha.bang · tinatawag ang aking pangalan at ang pangalan ni Jomar; 5. Tinanong nila kami kung nasaan si Atchay, isang kaibigan na madalas bumi sita sa amin; 6. Nang hindi namin sila maisagot ay hinawakan kam:i ni Jomar at pinagpapalo ng tabla sa ulo ng maraming beses habang patuloy na paulit-ulit na tinatanong; 7. Pagkatapos ay sapilitan kaming pinasakay sa isa sa mga van; 8. Sa loob ng van ay nakita ko sina Lyka, Salakab, at Jeffrey, aking mga kakilala, na unang naaresto sa amin; 9. Dina.la nila kaming lima sa Precinct 6 kung saan may halos 20 na kapulisan ang nag-hihintay; ''\, ...-·. 10. Sa Precinct 6) kaming lima ay pa.tuloy na pinagpapalo ng tabla sa ulo habang tinatanong pa rin tungkol kay Atchay, ngunit wala sa amin ang makasagot; 11. Sabi ng isang pulis na kapag itinuro namin kung nasaan si Atchay ay. bibigyan nila kami ng parte ng pabuya na matatanggap nila; 12. Pagkatapos ay isa-isa kaming kinunan ng litrato; 13. Dinala kami sa pang..apat na palapag o bubungan ng PriecinCt 6; 14. Buong gabi kaming tinorture ng mga pulis sa bubungan kung saan walang nakakakita sa amin; 15. Kami ay pinagpasa-pasahan ng marami sa kanila upang masiktnuraan; 16. Hindi kami makatakas o makasi gaw sapagkat may mga baril na nakatutok sa aming mga ulo; 17. Ng kina..umagahan, kami ay ibinalik sa loob ng Precinct 6; 18. Pinapinna kami sa isang dokumento na hindi pinabasa sa amin; 19. Sinabi ng isang pulis na may kaso na isinampa sa amin:, 20. Wala na akong napagkaalaman tungkol sa kaso na sinabing isinampa at wala din akong natanggap na kahit a.no mang dokumento kaugnay sa nasabing kaso; 21. Nang ako ay pinauwi, isang pulis na nagngangalang Vargas ang naghatid sa akin gamit ang sasakyang pampulis; 22. Sa aking pagkaka..alam, wala akong natanggap na kahit anong subpoena or pag-sugo mula sa kahit ano mang korte kaugnay sa nasabing kasong inihain la.ban sa akin; 23. Noong ika-17 ng Hunyo 2017, ako at ang aking kaibigan na si Manuel Berbosa ("Manuel") ay nakaupo sa isang sari-sari store sa intprl;'!Plr~i"nn no- S:tn P r.co:l.,-1r. S:t · 24. Napansin ko na may isang 'di kilalang lalaki na nakatayo sa kabilang gilid ng kanto kung saan kami ay nakaupo: 25. Bandang 10:30 ng gabi, nakita ko ang isang lalaking sakay ng motorsiklo at may baril sa kanyang bulsa na huminto sa tabi nung di!: kilalang lalaki, upang may iabot sa kanya; 26. Sa pagbaba ng lalaki mula sa kanyang motor, ay bigla niyang itinutok ang kanyang baril sa ulo ni Manuel at ito ay pinaputukan; 27. Isang metro lamang ang layo nam.in sa taong bumaril at nakita ko ang agarang pagpatay at pagbagsak ni Manuel sa sahig; 28. Agad akon.g napatayo sa gulat ng bigla na lang ako binaril sa kanang bahagi ng aking lalamunan, sa bandang ibaba ng aking panga; 29. Matapos akong tamaan ng bala, sinubukan kong tmnakbo palayo, subalit ako ay muling binaril sa kanang hita na siyang nagpabagsak sa akin· ' 30. Dahil nakutuban ko na ako ay babarilin sa ulo, ipinasok ko ang aking ulo sa butas ng kanal; 31.Ako ay nilapitan at muling binaril ng pangatlong beses sa kaliwang bahagi ng aking lalamunan; 32. Nagkunwari akong pata.y hanggang sa narinig kong lumisan ang motorsiklo; 33. Hindi ako gumalaw hanggat may ilang tao na ang narinig kong pumapalibot sa akin; 34. Dumating ang ambulansya at dinala ako sa ospital; 3 5. Sa ospital, ang aking mga magulang ang tanging dumalaw sa akin, at walang kapu1isan ang nag-imbestiga sa pangyayari; 36. Nagpasya kami ng aking pamilya na umalis kaagad ng ospital dahil sa takot na mabalikan ako ng taong bumaril sa akino ng kanyang mga · kasamahan; .. ' 37. Bilang resulta ng pagtanggap ng dalawang bala sa a.king lalamunan, ako ay nawalan ng boses; 38. Ikinakatakot ko na ako ay makita at mapatay ng bumar:il sa akin at ng kanyang kasamahan, ngunit ako ay determinado na makamtan ang hustisya para sa ginawa nila sa akin at sa aking mga kakilala; 39. Isinasagawa ko ang salaysay na ito upang patotohanan ang lahat ng nakasaad sa itaas at para sa anupamang kadahilanarng naaayon sa batas. BILANG K.ATUNAYAN NG LAHAT, ako ay lumalagda ngayong ika- /1=_ ng J'tft~~htl , 2017, sa {}Mt1Al1 Pilipinas. &Jti __, SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika- /~ ng !!f!/.-. Doc. No. Ji/ -' Page No. i~ - 1DROSA, JR.. Coll1lllisslon N<>.. NP-1 7' (2016-2017) NotaryPublic for · ·ezon City Vaiid until Decem . 31, 2017 u~· Alley~ •. Road). Prqject: 6, Quezon Cit)'._ Atto.roey :Roll No. 61770 ,)?TR No. 38640291/91201'7 Quezo1;1 City IDPNo.10612l3 l/9/20J.7PasirzCitv I I 'i I : ·1·· ' I , i . i 1 1 IJ I I !T:!Ji1L·~Jawt~~~.I! ~11111111·1 ~M· !1t!Plm11r~.i'll1t!rlt'flJ,il!D1i~l,:llltl11H~N11 ! t!UbJl l'l~l l I l•· l•r "•'M· !l'.l~ 11~1!J1·1~1·ln•r·"t !I~ !"\I~" I L ,I ' ! , • 11 I . ~ , ! lfl"lllrl: 1111m•1n":fmH1M1 Hl!lllllll• I Jp1· / l;J. I'' ' I JI 111·11 '~·I•'• · ~ ·r l"N' r:"r:: . ,.A:·. V' . 11~.:~~\t~t:1;)·;. \.\ J ·~fl' (~: () .J\l .r~. 11 :1.~ ~~~·;. I .\: ( ;:- , l··lr tJ . /\ J\f ~~<- u .~.r ~:;~ CERTIFICATION This is to certify that, based on the data from its Regional Offices, the Commission on Human Rights has recorded three (3) criminal cases filed before the courts against law enforcement authorities allegedly involved in drug-related extrajudicial killings. Issued for whatever purpose it may serve. Done this 4th day of October 2017 in Diliman, Quezon City. itauu.w' ,"4.n ~"tlAJ . ATIY. HOM ERO MA1'THEW P. RUSIANA OIC, Office of the Executive Director '-1_ • Republic of the Philippines Commission on Human Rights Ditiman, Quezon City ii § ~ "' Cases filed before the courts against law enforcemer.t authorities allegedly involved in drug-related "nanlaban" cases ' !!" ~­ ~ 1Jti~-x:c~a~~~Nil!hh"ef: - 1- , ~ ~- P02 Alipio Balo and IFiled in RTC of Pasay City P01 Michael B. Tomas CHR-NCR-2016-0426 BUENDIA, Arnel A. CHR-IX-2016-0648 BARANGOT, Karl Vincent CHR-X-2016-0505 "-· ~ -'-j(;Xf'8e¥pdndgo_ts- PO Ric Ric Saladaga and PO Villano both of Gutalac Municipal Police Station SP01 Ronald C. Eugenio IFiled in RTC of Liley, Zamboanga Del Norte - - - - - - - - -- l I" f ~ ,. ~ J ",, ----------- Filed in RTC of Misamis Oriental i:o- f 5 i I?= ~ -- - - - - - --- '· J \ ,~f,Nl UF 'l'i. ~'\ ~~ ~·~ OFFICIAL "4.;- ~l~ELEASED~ Republic of~he Philippines ~ DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezo http://www.dllg.gov.ph ~ 5- Jj-gn nme· ~ E-- Signature DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Date ~ t~co"~ Sl£CT10N ~~ -ion 'lV'Jo'\ REVISED GUIDELINES ON THE IMPLEMENTATION OF MAMAMAYANG A.YAW SA ANOMALYA, MAMAMAYANG AYAW SA ILIGAL NA DROGA (MASA M.ASID) Memorandum Circular No. 2017-112 Reference Number: Date: August 29, 2017 Rev. No. 00 1. BACKGROUND The Department, through Republic Act (RA) 6975, otherwise known as the "Department of the Interior and Local Government Act of 1990," is mandated to promote peace and order, ensure public safety, and strengthen local governance aimed towards the effective delivery of basic services to the citizenry. As such, the Department has formulated plans, programs, and policies to reinforce this mandate. In line with the priorities of the current administration to rid the country of i11egal drugs, criminality, and corruption, Memorandum Circular (MC) No. 2016-116 entitled "Implementation of MASA MASlD (Mamamayang Ayaw sa Anomalya, Mamamayang Ayaw sa Jligal na Droga) Program" was signed on September 2, 2016. MASA MASID is a project which encourages the involvement of the community through a multi-sectoral and mass-based approach to ensure an effective and efficient implementation. However, there were significant changes as the project is being implemented. The CommunityBased Rehab!litation Program (CBRP) is no longer part of the strategies. Also, with the recent terrorism-related incidents, the Department realizes the role that MASA MASID may play in preventing the entry of groups or individuals who wish to spread fear in the community. Thus, violent extremism and other threats to peace and security shall be added to the Cllncerns that the MASA MASID shall protect the communities from. With these changes, the existing policy has to be enhanced so as to address other concerns of the project. Hence, this Revised Guidelines in the Implementation ofMASA MASID. 2. DESCRIPTION The MASA MASID Project promotes community involvement to contribute In addressing problems on corruption, illegal drugs, criminality, violent extremism and other threiats to peace and security down to itq sources. The project is geared towards achieving improved governance starting at the local level and decreased crime activities, thus, helping in., the realii:ation of the mandate of the Department to promote peace and order, ensure public SfI:fety, and improve the performance of the LGUs in upholding good govermmce. Multi-sectoral and mass-based approach shall be adopted to attain its objectives. The project recognizes the importance of the interplay between the government and dvil society organizations. Hence, MASA MASID Groups shall be organized to bring together the government and the private sector to achieve peaceful, orderly, and safe communities. 1 DEPARTiiiENT CF T~i LOCAL GOVERNMENT CERTIFlt~D TRUE wt1~~. COPY M. l.LAD9-tH:s . Chlef,r;~.~~~~W MA. FE . I .... C' ~ 3. PURPOSE The project aims to promote synergy between the state and the private sector to contribute in ridding the country of corruption, illegal drugs, criminality, and violent extremism and other threats to peace and security. Specifically, it aims to: 3.1. Organize, establish, and capacitate MASA MASID Groups (MMG) in the city/municipal (C/M) and barangay level; 3.2. Enjoin the active participation from civil society organizations such as faith-based, non-government, and people's organizations; 3.3. Intensify the government's campaigns against corruption, Illegal drugs, 1:riminality1 and violent extremism and other threats to peace and securityi and 3.4. Set up a mechanism of reporting In the community level mobilizing community volunteers ii. < 4. SCOPE This policy covers all local government units (LGU). 5. POLICY CONTENT AND GUIDELINES 5.1. Implementation Strategies The project is guided by the following implementation strategies: 5.1.1. Advocacy 5.1.1.1. Advocacy to heighten the level of awareness on Corruption, Illegal Drugs, Criminality, and Violent Extremism and Other Threats to Peace and Security 5.1.1.2. Advocacy to encourage community participation and partnership building 5.1.2. Reporting System A system of reporting shall be established in various modes to ;gather and assess information for referral to appropriate agency /!es. 5.1.2.1. Modes ofReporting ,. Reports shall be coursed through hotline, drop box, electronic mall, Short Message Service (SMS), or directly reported to any member of the MMG. All C/M shall establish these modes of reporting: • Hotline - A dedicated landline or cellphone number for MASA MASID reports. It is a 24/7 facility lodged at the C/M PNP Station. 2 ---·--'4-·-·----...._______. __ DEPARTMENT OF THE lNIFRJOR AN!r) LOCAL . CiOVERN!V!ENT C r,'~...P'\ "'f I •).: il LJc' ') '" ·i:,1.{ iI..r 1:I.. ('. 0 nI Y l,:.J MA. Ff: Lot47-ir:s M. LLADOMES -··fl l.fllt!, .\('i 'J!·.. -. ,_..,_....,. __ ....... _ _ ___ _ . . :;.(.'!'~1(),1 ,~-·----- hL . ,. 'l.·D U-f"'-J.:.!_ ~ Chairperson: Members: Local Chief Executive DILG Field Officer Cl ty /Municipal Chief of Police Representative from Faith-Based Organization (FBO) Responsibilities • • • • Oversee the implementation of the project; Mobilize the support of the LGUs and key stakeholders; and Monitor the implementation of the project. Technical Working Group The TWG shall be organized with the following composition and, responsibilities: Composition Chairperson: Members: C/M DILG Field Officer C/M Administrator or any Department Head designated by the LCE C/M Chief of Police Representative from FBO Representative from CSO Representative from the C/M Anti-Drug Abuse Council Representative from the C/M Peace and Order Council Liga ng mga Barangay C/M Chapter President ResponsibH!ties_ • • • • v • Establish the MASA MASID modes of reporting in the C/M level and put in place an effective reporting mechanism to ensure tlhat reports are properly acted upon; Consolidate reports coursed through the modes of reporting, validate submitted reports and refer to concerned agencies if needed; Organize and mobilize the MMTs; Organize and mobilize MASA MASID Volunteers (MMV); Ensure the effec.tive implementation of MASA MASID Activities; and Provide effective and regular monitoring and evaluation mechanism. 4 --·--------o:: THE J(\!Tf PJOR. LOCAL , GCIVf.J!NMENT , (, 1-.. R"' 1· I i".;.t "'' J) -r ,{',\. \. r·, C', o:. P '' MA. Fr: LO~Wf.S i'v1. LLAD~ES AN~ DEP/IJffMENT , .• 1 !,;' A 1 1 Cf1 it~f,~.~s_::;~.~i2:.2~~~- I 1J Another number may be set up to accommodate calls during office hours. • • .. Drop Box - Drop box shall be installed in C/M and barangay halls. Electronic mail (E-mail) - C/M shall create an e-mail account for MASA MASJD. (e.g. pasay.masamasid@email.@m) SMS - A dedicated cellphone number to receive text messages for MASA MASID reports. 5.2. Activities to be Undertaken 5.2.1. Advocacy to heighten the level of awareness on Corruption, IllEtgal Drugs, Criminality, and Violent Extremism and Other Threats to Peace and SEicurity • • • 5.2.2. .Development, Production, and Distribution of IEC materials Conduct of Symposium and Forum Campaign through quad-media (Radio, Television, Print, and lnt1!:?rnet) Advocacy to encourage community participation and partnership bullding Orientation on partnership building .Development, Production, and Distribution of !EC materials Campaign through quad-media (Radio, Television, Print, and lnt12rnet) MOA signing • • • • 5.2.3. Capacity Development for MMGs • • 5.2.4. Training activities Skills enhancement Reporting System • • Set up modes of reporting in C/M level Establish monitoring and referral mechanism 5.3. Composition and Responsibilities of MMG 5.3.1. The MASA MASID Groups (MMG) The MASA MASID Groups in the C/M level shall include the Steering Committee and Technical Working Group (TWG). • Steering Committee The Steering Committee shall be organized with the following c·ompos!tion and responsibilities: 3 DEPA!{TT:1Er~:j:-6F.TH E :·tJT EPJ 0 n:-:\N t5°LOCAL 1 . (,()V !}' hif' \Ei.JT 1 C ·o " . I t:'f J~' il~ 1"i. t MA. H \' iI. I~ L I "\'/. .,'.\,. , t•.i !.OU~;;; 1:: C".. 0 ul y ~ M. LI.A.DONES Chief, :~'-'C\Jr•.:~ '.'-!'rth1 Vii 0, ~ 1 ---·-·-~-·-·········--·-·----~-tCT.. 5.3.2.MASA MASID Team (MMT) MMT is the main implementing arm based in the barangay and shall w1lrk closely with Barangay Peace and Order Committee (BPOC) and Barangay Anti-Drug Abuse Council (BADAC). It shall be organized with the following composition and responsibilities: Composition Punong Barangay Sangguniang Barangay member who is the chairperson of the Committee on Peace and Order Representatives from FBO, NGO, PO, and other volunteer grouJPS CSO/NGOmemberofBADAC CSO/NGO member of BPOC Responsibilities On Advocacy • • • Organize fora, seminars, and related activities on prevention of corruption, illegal drugs, r.rime, and violent extremism and other threats to peace and security; Distribute !EC materials; and Establish partnership with academic Institutions, f'aith·based organizations, and other key stakeholders. On Reporting System • • • Ensure the involvement of the community and volunteers in gathering and reporting information; Collect reports coursed through drop boxes installed in the barangay hall for submission to the TWG; Ensure that Good Governance is being practiced and institutionalized in the barangays through 1,monitoring of the following: 1,. ' Compliance with DILG MC No. 2010:93 dated August 31, > 2010, entitled "Full Disclosure of Local Budget and Finances, and Bids and Public Offerings", MC No. 2014· 81 dated July 15, 2014, entitled "Amendment to DILG Memorandum Circular No. 2010·149 Re: Posting of Barangay Budget, Statement of lnmme and Expenditures and other Barangay Financial Transactions and Annual Procurement Plan;" s ,.. __ ..,.....,.__.;. DEPARTMENT OF THE INTERIOR AN~ LOCAL . GOVERNMENT CERTIFIED TRUE COPY Ml~. LO~~ FE M. LLADONES -·~hief,Records.~&jl in·:>·a, >>- Participation in the Semestral Synchronized. Barangay Assembly Day; and Adherence to all other policies provided in DILG MC 2010-122 dated October 26, 2010, entitled "!Guideposts in Promoting and Sustaining Barangay Good Governance." 5.3.3.MASA MASID Volunteers (MMV) Volunteers are individuals or members of any organizations In the barangay with strong moral values and integrity, and willing to contribute time, talent, and resources to the cause. Roles of MMVs: MMVS shall assist the MMT in the conduct of advocacy activities and slhall handle the information gathering in the barangay level. 5.4. Institutional Arrangements 5.4.1.The DILG The DILG through the MASA MASID Project Management Office shall: Formulate the policy and oversee its implementation; • Coordinate with and provide technical assistance to DILG RegiC>nal Offices and Focal Persons in the implementation of the project; • Orient DILG Regional, Provincial, HUC, and ICC Focal Persi:ms in the project; • Develop resource materials such as training modules, promotional materials, and other collaterals pertinent to the implementation of the project; o Establish an effective monitoring mechanism to track the progress of the project implementation; and • Serve as the National Secretariat. o DILG Regional Offices shall: • • • • Disseminate the policy to the DILG Provincial and Field Offices; Coordinate with and provide technical assistance to DILG Provincial and HUC/ICC focal persons in the implementation of the project; Oversee the implementation of the project in the region and ensure its successful implementation; and Ensure timely submission of report to the MASA MAS ID PMO. 1. 6 ----M~----~~~-------.......-·~~~~--~~~~ DEPAFCflliE~ff OF TH~ INTERIOR AN!j;I LOCAL GOVERNMENT CERT IF 1 t.~!2.JT RUE C 0 PY . MA. FE LO~DES M. LLA.DONES Chit~f. necord~ ~:,ectir~ll..:ll. ,,j DILG Provincial Offices shall: Coordinate with and provide technical assistance to DILG Field Officers at the City/Municipal level In the Implementation of the project; Ensure that TWG and Steering Committee are organized and fu:nctlonal; Oversee the implementation of the project in the province and ensure its successful implementation; and Ensure timely submission of reports to the Regional Offices; and Supervise the Community Facilitators. • • • • • DILG City/Municipal Field Officers, as chairperson of the TWG shall: Spearhead the organization and mobilization of the TWG and MIMT; Conduct orientation/trainings of the MMTs; Maintain a registry of the MMTs and MMV s; Oversee the implementation of the MASA MASID project within their jurisdiction and ensure its successful implementation: and Oversee activities of MMVs and other stakeholdersl participating in the project. • • • ., • The C/M Chief of Police as member of the TWG: • • o Assist in the organization of the MMTs; Provide technical assistance; and Together with the other members of the TWG, assess th1~ reported concerns and take necessary actions Including, but not limited to, filing of casei:; and/or referral of drug users for counseling and/or rehabilitation, investigation of reported criminal activities, among others. 5.4.2.The Local Government Unit (LGU) The Local Chief Executive, as Chairperson of the Steering Committee, shall mobilize the support of LGUs and other key stakeholders. The C/M Administrator or Department Head designated by the LCE, as member of the TWG, shall assist in the organization of the MMTs and provid1e technical assistance. The C/M Anti-Drug Abuse Council (ADAC) and C/M Peace and Order Council Representative, as members of ~he MASA MASID TWG, shall: " " Work closely with the DILG City /Municipal Field Officer on the implementation of the MASA MASID project; Provide technical and administrative support; and tt Provide Secretariat support. 7 DEPARTMENT OF Tnf lNTERIOH AN!iil l.00\L . GOVEP.NMEHr ; CERT 1 F l E :l R ll E CQ.P Y L~'~DES M. l.t~.ADO ES . _ • ·--- ----·MA. rE Ch1ei, l(ecvrd~; :iect1on The Liga ng mga Barangay C/M Chapter President, as member of the MASA MASID TWG,shall: " • Assist in the organization and orientation of the MMTs; and Collaborate with the MMTs for the conduct of advocacy activities within their jurisdiction. 5.4.3.The Private Sector Representatives from the CSO and FBO, as members of the TWG: t1 ti t1 Assist in organizing and orienting the MMTs and MMVs; Mobilize the support of other CSOs, FBOs;, and other stakehold1m; and Spearhead the advocacy and education campaigns in the community. 6. FUNDING Funds allotted for this project shall be disbursed In accordance with the usual accounting and auditing rules and regulations. 7. REFERENCES 7.1. Executive Order No. 15, s. 2017, Creation of the Inter-agency Committe1e on Antilllegal Drugs (ICAD) and Anti·lllega Drug Task Force 7.2. DILG Memorandum Circular 2016-116, Implementation ! of MASA MASID (Mamamayang Ayaw sa Anomalya, Mamamayang Ayaw sa lligal ~a Droga) Program, September 2, 2016 · 7.3. MC No. 2014-81, "Amendment to DILG Memorandum Circula:r No. 20Jl0·149 Re: Posting of Barangay Budget, Statement of Income and Expenditures and other. Barangay Financial Transactions and Annual Procurement Plan," July 15, 2Cll4 7.4. DILG MC No. 2010-83, "Full Disclosure of Local Budget and Finances, and Bids and Public Offerings," August 31, 2010 7.5. Republic Act 9165, Comprehensive Dangerous Drugs Act of 2002, June 7, 2002 7.6. Republic Act (RA) 6975, "Department of the Interior and Local Government Act of 1990," December 13, 1990 8. EFFECTIVITY This policy shall take effect immediately. 9. MONITORING AND SUBMISSION OF REPORTS AND OTHER REQUIREMENTS The MASA MASID Project Management Office shall be responsible for the monitoring of the DILG Field Offices and LGUs' compliance to this policy, which shall be conducted on a regular basis. Submission of monthly and quarterly reports shall be sent electronically via e-mail through masamasjd@gmail.com, and hard copies shall be sent to the MASA MASID PMO at the 11th floor, DILG NAPOLCOM Center, EDSA cor. Quezon Ave., Quezon City. 8 ----- -- ..--··--~----·-·-..··-... ..·-DEPllJ"THEJ!T OF THE !1'ffEPJOP. AN~ LOCAL coveP.i,;:·,1c~H '·\ T C c!::, Hf\. 'rI ,.{ rr· ,l 1,:':', ~/ Mil. ti: l) !'.• l') I'~, C.. () p y LO~DF'i