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CenterLaw asks Supreme Court to declare ‘war on drugs’ unconstitutional

The Center for International Law (CenterLaw) asked the Supreme Court on July 3 to declare former president Rodrigo Duterte's bloody war on drugs unconstitutional and to grant judicial protection to petitioners who are victims of the campaign.

By Ellen Tordesillas

Jul 3, 2026

2-minute read

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The Center for International Law (CenterLaw) asked the Supreme Court on July 3 to declare former president Rodrigo Duterte’s bloody war on drugs unconstitutional and to grant judicial protection to petitioners who are victims of the campaign.

In a Manifestation and Urgent Motion for Resolution filed on behalf of petitioners Sr. Daño, et al., representing surviving families and communities affected by the drug war, CenterLaw noted that the High Court recently marked its 125th anniversary, celebrating more than a century of upholding the rule of law and protecting constitutional rights.

The petitioners first filed their motion in 2017 in the consolidated cases Sr. Daño, et al. v. PNP, et al. (G.R. No. 234484) and Almora, et al. v. Director General Dela Rosa (G.R. No. 234359). Both remain pending before the High Court.

The motion also pointed to what it called a “somber milestone:” July 1, 2026 marked the 10th anniversary of the launch of the Philippine war on drugs through the issuance of PNP Command Memorandum Circular No. 16-2016, or Project Double Barrel.

“While the High Court celebrates its historic legacy of constitutional protection, the families of war on drugs EJK victims are left commemorating a decade of grief, loss, and unaddressed systemic violence,” CenterLaw said.

The petitioners urged the Supreme Court to immediately resolve their pending petition for a writ of amparo, arguing that the court has yet to rule on its merits despite the 10-day judgment period under Section 18 of the Rule on the Writ of Amparo, which states that “the court shall render judgment within ten (10) days from the time the petition is submitted for decision.”

CenterLaw said the need for amparo protection has become even more urgent as surviving families and affected communities face increasing harassment, disinformation, fake news, and propaganda linked to the prosecution of Duterte before the International Criminal Court.

The petitioners also asked the SC to declare unconstitutional, invalid, illegal, and unenforceable the executive issuances that served as the legal framework for the drug war—PNP Command Memorandum Circular No. 16-2016, as amended by CMC No. 01-2017, and DILG Memorandum Circular No. 2017-112.

“These war on drugs issuances have never been suspended and remain a dangerous legal justification that police officers may invoke if they are ever held accountable for future drug war deaths within the Philippine justice system,” CenterLaw said.

A copy of the Manifestation and Urgent Motion for Resolution is available here.

 

 

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