QC court acquits 'Oplan Tokhang' survivor of charge of direct assault of policemen
A survivor of the “Oplan Tokhang” anti-illegal drugs operations has been acquitted by a Quezon City trial court of the charge of direct assault of police officers in 2016.
“Oplan Tokhang” was an anti-illegal drugs operation where policemen visited the houses of suspected illegal drugs traders or users. It was enforced by the past administration to combat illegal drugs.
In an 18-page decision promulgated on March 17, Judge Gloria Monica Lopez-Lao of metropolitan trial court (MeTC) acquitted Efren M. Morillo of the charge of direct assault upon an agent to agent of a person in authority for “failure of the Prosecution to prove his guilt beyond reasonable doubt.”
Morillo was shot by police officers who claimed that they only retaliated after being fired upon during the conduct of “Oplan Tokhang” in Barangay Payatas in Quezon City on Aug. 21, 2016.
A criminal charge was filed by the police against Morillo.
In her decision, Judge Lao said that “assiduously reviewing the record, the Court is convinced that the Prosecution failed to establish that all the aforementioned elements of Direct Assault are attendant in this case.”
“The Prosecution did not establish with moral certainty that accused Morillo assaulted, attacked and employed personal violence or intimidation on the police operatives,” Judge Lao pointed out.
The judge said that the prosecution relied on the testimony of Police Officer Allan Formilleza who fired at a group of persons, including Morillo, during the operation.
“However, on cross-examination he (Formilleza) disclosed that he was unaware whether accused Morillo actually fired his gun,” the judge stressed.
The Center for International Law (CenterLaw), the legal counsel of Morillo, lauded the decision of the court.
CenterLaw pointed out that four of Morillo’s companions died during the police operation that day. It did not say if cases have been filed in connection with the deaths of Morillo’s companions.
In its statement, CenterLaw said:
“Mr. Morillo and his legal team welcome the Quezon City trial court decision. It is a beacon of light for those whose hopes have been dimmed and distorted by the pro forma, lawless, and soulless ‘Nanlaban’ (fought back) narrative.
“This decision is proof that truth will prevail and lives on. In light of this judicial finding, Mr. Morillo believes that his case before the Ombudsman should soon be resolved in his favor.
“With victims’ families steadfast and relentless in the pursuit of justice, Mr. Morillo – the one who lived – continues his call for accountability against his perpetrators and other perpetrators of the drug war.”