The court’s dismissal of the charge of direct assault against police officers filed against a survivor during the 2016 “Oplan Tokhang” operation in Quezon City is a “testament to the importance of pursuing truth so that justice may prevail,” the Commission on Human Rights (CHR) said.
The CHR cited the decision of Quezon City metropolitan trial court (MeTC) Judge Gloria Monica Lopez-Lao who acquitted Efren M. Morillo of the charge of direct assault upon an agent of a person in authority for “failure of the prosecution to prove his guilt beyond reasonable doubt.”
“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.
During its operation in Barangay Payatas, Quezon City on Aug. 21, 2016, Morillo was shot by police officers who claimed that they only retaliated after being fired upon. He survived but a case was filed against him by the police.
Four persons died during the operation. They were identified in published reports as Marcelo Daa Jr, Jessie Cule, Rhaffy Gabo and Anthony Comendo.
The CHR said it granted financial assistance to Morillo and the kins of those who died.
It said it conducted its own probe on the Barangay Payatas incident and came to the conclusion in 2018 that Morillo, together with the other victims who were killed during the raid, "were unlawfully arrested and summarily executed by the respondent-policemen."
The probe also concluded that the acts committed by the policemen were human rights violations such as arbitrary arrest and arbitrary deprivation of life, it also said.
To date, the CHR said it is monitoring the administrative and criminal complaints filed against the policemen that are still pending before the Office of the Ombudsman.
"The Commission on Human Rights (CHR) welcomes this decision and acknowledges the efforts of MeTC in its careful and judicious trial of the case, as well as the Center for International Law and Butuyan & Rayel Law for assisting Morillo in achieving justice," the CHR said in a statement.
"CHR, as the country's independent human rights institution, remains unwavering in our call for the government to scrutinize all cases of human rights violations allegedly linked to the previous government's drug campaign, including cases of alleged extrajudicial killings," it added.
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.