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In 2022, the Ombudsman dismissed Efren Morillo’s complaint against the police, and he is now appealing to the Supreme Court and the Court of Appeal
Efren MorilloHe narrowly escaped death after four of his friends were killed during a Tokang operation, and is now fighting a legal battle to hold accountable the police officers who nearly shot him to death.
After failing to get the Office of the Ombudsman to approve murder charges against a local police officer in Quezon City who carried out the bloody operation in 2017, Morillo filed a petition on July 8 with the Supreme Court (SC) and the Court of Appeals (CA) seeking exhaustion of remedies.
“This case clearly demonstrates the state’s unwillingness or inability to truly investigate or prosecute crimes committed in its campaign against illegal drugs,” Morillo’s attorneys, CenterLaw, said in a statement. “While police admitted to the killings, no investigative process was conducted. Now, the Ombudsman’s office is effectively preventing the prosecution of the defendants without probable cause and with prejudice to the evidence.”
Morillo survived Payatas tokhang operations In 2017, he played dead and, despite gunshot wounds, rolled down a hill and found rescue alive. His friends Marcelo da Jr., Rafi Gabo, Anthony Komendo and Jesse Kuhl were all killed by local police under the command of then-Police Officer. Colonel Little diesHe is one of the Davao policemen transferred to Metro Manila after Duterte launched an all-out war on drugs.
Morillo was charged by police with direct assault, a common legal tendency against drug suspects who are not killed, but he was acquitted in 2023 by the Quezon City Metropolitan Trial Court Branch 133.
Last year, the Office of the Ombudsman Rubbish Murder complaints were filed against officers Emil Garcia, Allan Formilleza, James Aggarao and Melchor Navisaga. The Ombudsman also dismissed robbery and plantation charges, as well as administrative complaints.
In the resolution, the Ombudsman said that the performance of duty was a valid reason for exemption from criminal responsibility. As in many similar cases, the police claimed that Morillo’s gang was armed and fought back. “However, unfortunately, the police actions resulted in death,” the Ombudsman said in its resolution.
The ombudsman said the complainant failed to prove probable cause for the criminal complaint, adding that the administrative proceedings lacked substantive evidence.
The new petitions want the Supreme Court to overturn the ombudsman’s ruling so they can proceed with a criminal trial, and for the Court of Appeal to review possible administrative sanctions against the police.
“Petitioners firmly believe that the Ombudsman’s judgment was erroneous and therefore seek to remedy a grave abuse of discretion and lack of jurisdiction,” CenterLaw said.
“The Ombudsman’s decision suffered from multiple flaws, including a failure to provide a reasonable basis for its findings and a blatant disregard of material facts and circumstances through the misapplication of legal concepts. The Ombudsman’s Office also failed to give due deference to the factual findings and judgments of closely related prior court cases,” it added. “Taken together, these demonstrate a serious abuse of discretion.”
Why did the Ombudsman dismiss the complaint?
The ombudsman, led by Duterte appointee Samuel Martires, said two witnesses did not see what happened because they were outside the house when they heard the gunshots. That made Morillo the only eyewitness. However, the ombudsman said his testimony was “dubious” because he was one of the targets of the anti-drug operation.
Regarding the administrative complaint, the ombudsman said: “Because the administrative charges are based on the same facts as the criminal charges, the Office finds that the complainant has failed to provide substantial evidence to establish the administrative liability of the defendant.”
In his petition to the Supreme Court, Morillo called the Ombudsman’s decision “a blatant error amounting to a grave abuse of discretion and lack of or excess of jurisdiction.”
The International Criminal Court (ICC) is investigating the killings in Duterte’s anti-drug campaign. Under ICC rules, the court can withdraw its investigation if it finds that the Philippines is able and willing to use its own local system to investigate the killings. But ICC rules also follow a “same person-same conduct” test, requiring the Philippines to investigate the same matter the ICC is investigating in order to be eligible to withdraw its investigation.
Why this matters
The complaint filed by Morillo is significant because it opens the possibility of another group of police officers being tried, as few have been tried and convicted of the estimated 30,000 killings — 7,000 of which occurred during police operations.
The trial of the officers is likely to establish their ties to Duterte because their station commander at the time was Patay, one of the so-called “Davao Boys,” or policemen plucked from the former president’s hometown to enforce tocon in Metro Manila, which later became the epicenter of drug killings.
Patay is Subject of ongoing House investigationMany believe this is a pressure point for Duterte as he disbands the Uniteam coalition. Patay, whose police station recorded the most killings at the start of the drug war, was recently appointed police chief of Duterte’s hometown of Davao City but was quickly replaced. It took only four hours to replace.
Morillo’s case to the Supreme Court is significant for the entire fight for drug war accountability because this latest officer to be convicted (only the fourth overall) was the last best option for Rise Up, an organization that helps relatives of drug war victims.
The fourth and latest police officer to be appointed Convicted of murder Police Senior Sergeant Virgilio Cervantes and police corporals Arnel de Guzman, Johnston Alacre and Artemio Saguros were sentenced for the murder of the father and son Luis and Gabriel Bonifacio 2016. Mary Ann Domingo, the victim’s wife or mother, is currently appealing to the Supreme Court, seeking to upgrade the case to murder. – Rappler.com
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