SOLICITOR GENERAL Jose C. Calida has tagged the cases filed against the administration’s war against narcotics as nothing but a plot to destabilize the Duterte government and “sow anarchy.”

“It is therefore not difficult to see that the present petitions are disingenuous moves to destabilize the Duterte administration and sow anarchy,” Mr. Calida said in his opening statement at the resumption of oral arguments before the Supreme Court yesterday, Nov. 28.

He outlined how the petitioners “seek a hodgepodge of relief that should not be granted” and why the consolidated cases are “procedurally infirm.”

Mr. Calida pointed out that the petitions intend to: “(1) drive a wedge between the President on the one hand, and the PNP (Philippine National Police) and DILG (Department of Interior and Local Government) on the other, inciting disobedience to the Chief Executive and depriving him of his powers and prerogatives; and (2) emasculate the government’s police powers by rendering inutile the PNP’S sworn mandate to enforce the law and maintain peace and order.”

Mr. Calida asked the country’s highest court to junk the petitions, warning that what these seek “will have long-term, catastrophic effects on the nation’s stability and security.”

He asserted that the PNP Command Memorandum Circular (CMC) No. 16-2016 and DILG Memorandum Circular No. 2017-112 are constitutional and in line with the two agencies’ respective authorities.

Mr. Calida argued that the PNP memorandum circular could not be considered unconstitutional because of its use of terms “negated” and “neutralized.”

“They construe these terms as synonymous to ‘killing’ and assume that PNP CMC No. 16-2016 directs the killing of drug personalities,” he explained.

He distinguished Project Tokhang from a buy-bust operation saying: “Buy-bust operation is an entrapment technique employed by a peace officer as an effective way of apprehending a criminal in the act of committing an offense… Project Tokhang is a means of effectively accelerating the drive against illegal drugs in affected barangays after a thorough validation process.”

Project Tokhang involves house-to-house visitations by the police of suspected drug personalities.

“It is only after the validation process has been completed that house-to-house visitations are conducted to persuade suspected illegal drug personalities to stop their activities,” he said.

Mr. Calida added that the memorandum circulars do not violate the Philippines’ International legal obligations under the International Covenant on Civil and Political Rights (ICCPR).

“CMC No. 16-2016, being operational guidelines governing house-to-house visitations, does not violate the rights of persons of interest. The visits are based on verified information. The police respect the right of a person of interest to refuse visitation,” he pointed out.

Finally, Mr. Calida emphasized: “The petitioners failed to show any clear legal right for the injunctive relief to issue, just as they have not shown any compelling evidence that their life, liberty and security are in imminent danger to warrant the writs of prohibition an amparo.”

He added: “The remedies they have resorted to can be considered as a broad plea to strike down prevailing law enforcement practices on dubious constitutional grounds rather than on distinct and personal threats to their lives and safety.”

In early October, President Rodrigo R. Duterte pulled the PNP out of anti-drug operations and designated the Philippine Drug Enforcement Agency as the “sole agency” in charge of his controversial campaign. The order, contained in an Oct. 10 memorandum, came on the heels of a series of police killings, particularly of teens, that sparked public anger. — Andrea Louise E. San Juan

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