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SolGen on protection sought by Payatas 'tokhang' victims: We didn't contest it


The Office of the Solicitor General on Friday did not contest the protection sought by relatives of drug suspects killed in a police operation in a Quezon City village in August last year, saying it was duty of the government to guard its citizens.

Assistant Solicitor General Herman Cimafranca explained before the Court of Appeals (CA) 14th Division, which is assigned to hear the writ of amparo petition filed by the families of slain drug suspects, the government shared the petitioners' view that their right to life and liberty must be protected.

"The State is not opposed to that because it is the duty of the government to guarantee and protect every citizen. There's no dispute," Cimafranca told reporters after the hearing.

Cimafranca also said the police have furnished the petitioners copies of intelligence and surveillance reports, police blotters, coordination, video and other documents pertaining to the anti-drug operation on August 21, 2016.

The government also manifested that the Oplan Tokhang or the police's knock-and plead-strategy of convincing drug suspects to stop using illegal drugs had already been suspended.

The petitioners, represented by lawyers from the Center for International Law, thanked the government for its gesture.

"We can now sit down and spell out the specifics [of the final protection order],” lawyer Joel Butuyan said.

The case is now submitted for decision.

The Supreme Court earlier issued a writ of amparo as well as a temporary protection order prohibiting the respondent police officers and their agents from entering within a radius of one kilometer from the residence and work addresses of the petitioners. 

The petitioners are Efren Morillo, Martino Morillo, Victoria Morillo, Ma. Belen Daa, Marla Daa, Maribeth Bartolay, Lydia Gabo, Jennifer Nicolas and Marilyn Malimban.

The petition arose from a "tokhang" operation carried out by four Quezon City policemen.

The policemen shot and killed, supposedly without warning, four drug suspects, namely Marcelo Daa Jr., Raffy Gabo, Anthony Comendo, and Jessie Cule, following a raid on Daa's house at Group 9, Area B, Barangay Payatas, Quezon City.

A fifth victim, Efren Morillo, survived and is now a witness in the murder and frustrated murder cases being readied against policemen involved: Senior Inspector Emil Garcia, PO3 Allan Formilleza, PO1 James Aggarao, and PO1 Melchor Navisaga.

All four policemen have been relieved from their posts and are now under restricted custody at the Quezon City Police District headquarters in Camp Karingal, Quezon City. —KBK, GMA News