Efren Morillo, the lone survivor of a 2016 “Oplan Tokhang,” continues to fight for justice against the unlawful and violent police operation.
He asked the Supreme Court on July 8 to reverse the Office of the Ombudsman’s dismissal of the charges against police officers Emil Garcia, Allan Formilleza, James Aggarao and Melchor Navisaga, all from the Quezon City Police District.
Impleaded along with the policemen were civilians Maria Lorena B. Barcelona, Ma. Leonila Barcelona-Tolones, Mary Joy B. Ralo, Richard Apura Riñon, and John and Peter Does.
Morillo’s petition filed by the Center for International Law (CenterLaw) was in reaction to the Ombudsman’s decision in November last year dismissing the charges against the policemen, saying that the complaint lacked substantial evidence for the administrative charges and the complainants had failed to establish probable cause for the criminal charges. The charges dismissed included murder, frustrated murder, robbery, and planting of evidence.
Joining Morillo in the petition are Maria Belen Daa, Lydia Gabo and Marilyn Malimban, who are relatives of the victims. They argue that the Office of the Ombudsman had committed a grave abuse of discretion in dismissing the charges against the policemen. Part of the petition reads:
“… its disposal of the complaint showcased a capricious or whimsical exercise of judgment done in an arbitrary and despotic manner, amounting to a virtual refusal to perform its duty to the people.”
Source: Center of International Law (CenterLaw), Media Release, July 8, 2024
On Aug. 21, 2016, five men and two women in civilian clothes barged into Daa’s house where, after ransacking and robbing them of their belongings, shot all of the victims. During the operation, the policemen killed Marcel Daa Jr., Jessie Cule, Anthony Comendo, and Rhaffy Gabo.
Morillo survived the operation by playing dead and crawling on a deep ravine as he escaped after the policemen had left the place.
After surviving his wounds and getting to a hospital, Morillo was later brought to the QCPD Police Station 6 despite needing immediate medical attention. He was eventually brought to the East Avenue Medical Center, where he was guarded by QCPD policemen while confined to prevent him from escaping. They kept watch over him until the Commission on Human Rights intervened and took custody of Morillo.
The policemen charged Morillo, alleging he and his group initiated a gunfight during the anti-drug operation. He was acquitted of the charges on March 3, 2023 after the prosecution failed to prove his guilt beyond reasonable doubt.
During Morillo’s trial, the Metropolitan Trial Court also found that the policemen did not follow the legal process in conducting the Oplan Tokhang operation. It said:
“At the outset, the prosecution was not shown to have conducted its Oplan Tokhang on the day of the incident in compliance with PNP Rules.”
Source: Metropolitan Trial Court, Pronouncement, March 3, 2023
The Philippine National Police has recorded more than 6,000 drug suspects killed under Duterte’s war on drugs but human rights groups claim a death toll of over 12,000.
(The author is a communication arts student at the University of the Philippines Los Baños and is doing his internship with VERA Files.)
