The Supreme Court (SC) issued yesterday a Writ of Amparo with temporary protection order (TPO) to the survivor and family members of four persons killed in “Oplan Tokhang” in August last year in Payatas, Quezon City.
With the TPO, policemen involved in the operation are barred “from entering within a radius of one kilometer from the residence and work addresses of the petitioners.”
The TPO was issued in favor of survivor Efren Morillo and his family members Martino Morillo and Victoria Morillo, Ma. Belen Daa, Marla Daa, Maribeth Bartolay, Lydia Gabo, Jennifer Nicolas, and Marilyn Malimban.
Those killed during the “Oplan Tokhang” conducted by the police on Aug. 21, 2016 in Group 9, Area B, Payatas, Quezon City were Marcelo Daa, Jr., Raffy Gabo, Anthony Comendo, and Jessie Cule.
The SC remanded the petition to the Court of Appeals (CA) for hearing and reception of evidence.
The respondents in the petition, led by Philippine National Police (PNP) Chief Director General Ronald dela Rosa, were ordered to answer the petition within five days from receipt of the SC resolution.
The CA was directed “to immediately conduct the hearing on the petition and on the other interim reliefs prayed for, and decide the case within 10 days after its submission for decision.”
A Writ of Amparo is a special constitutional remedy available to any person whose right to life, liberty and security is violated or threatened.
The petition, the first filed with the SC in connection with the government’s campaign against illegal drugs, pleaded for the suspension of “Oplan Tokhang” in Areas B, Payatas, Quezon City.
The petition arose from a “Tokhang” operation carried out by Police Senior Inspector Emil S. Garcia, Police Officer 3 Allan Formilleza, and Police Officers 1 James Aggarao and Melchor Navisaga of the Quezon City Police Station 6 on Aug. 21, 2016 in Group 9, Area B, Payatas, Quezon City.
It told the SC that the four policemen “shot dead, execution style, four men, namely Marcelo Daa, Jr., Raffy Gabo, Anthony Comendo, and Jessie Cule.”
It said that “a fifth victim, Efren Morillo, miraculously survived, and he is now a vital witness in the murder and frustrated murder cases being readied against the assailants.”
Named respondents aside from Dela Rosa were Police Senior Supt. Guillermo T. Eleazar, Police Supt. Lito Patay, and the four policemen – Garcia, Formilleza, Aggarao, and Navisaga. (REY G. PANALIGAN)