A LAWYERS’ GROUP whose championing of human rights dates back to the Marcos dictatorship in the 1970s petitioned the Supreme Court (SC) on Wednesday, Oct. 11, to stop President Rodrigo R. Duterte’s bloody war on drugs.

Meanwhile, Malacañang also on Wednesday issued a “Memorandum from the President” directing the Philippine Drug Enforcement Agency (PDEA) as the “lead agency” in anti-drug operations, in line with Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

‘KILLING THE POOR’
The Free Legal Assistance Groups (FLAG), which was founded in 1974 by former senator and Marcos-era political detainee Jose W. Diokno, petitioned the high court yesterday for Writs of Amparo, Injunction and Prohibition, Temporary Protection Order and Temporary Restraining Order, all of which aim to challenge the drug war and its attendant extrajudicial killings.

The lawyers’ group, now headed by national chairman Jose Manuel I. Diokno, son of the late senator Diokno, is the same organization that provided free legal services to victims of martial-law abuses during Ferdinand E. Marcos’s rule.

In a press statement, Mr. Diokno said: “We are all opposed to illegal drugs, crime and corruption. But the war on drug being waged by the government is not going to stop illegal drugs, crime and corruption.”

He said the drug war “will only result in killing more and more people, especially the poor and it will also kill the justice system.”

“We have to ask ourselves why they are so rampant in our country. When we know the cause of the problem, we will be able to find its solution,” Mr. Diokno also said, adding:

“The solution to rampant crime and corruption, therefore, is to strengthen our justice system and not short-cut it.”

‘DROP BOX PRACTICE’
In a press conference also on Thursday, FLAG questioned Command Memorandum Circular No. 16 of the Philippine National Police (PNP), the acknowledged basis of the drug war, as well as Memorandum Circular No. 2017-112 of the Department of Interior and Local Government which, as Mr. Diokno described it, “establish(es) a system of anonymous reporting of suspected criminals…(and) violates the right to due process of law and to be presumed innocent.”

“What is being asked of citizens is submitting names and not reporting crimes” Mr. Diokno said, adding this practice is unconstitutional because “anyone can give the name of any person simply by putting it in the drop box.”

Mr. Diokno also explained the background of FLAG’s co-petitioners and their experience with EJKs: Aileen T. Almora, whose brother, Ryan Dave, was killed in the course of a warrantless home search; Rowena Aparri, whose son Rex was killed under similar circumstances; and Jefferson Soriano, who was shot thrice but survived.

‘SOLE AGENCY’
In its memorandum dated Oct. 10, Malacañang has directed “the NBI (National Bureau of Investigation, PNP (Philippine National Police), Armed Forces of the Philippines (AFP), Bureau of Customs (BoC), Philippine Postal Office and all other agencies or any and all ad hoc anti-drug task force, to leave to the PDEA, as sole agency, the conduct of all campaigns and operations against all those who…are involved in or connected with illegal drugs.”

The memorandum also cites “the said law (as) specifically provid(ing) that ‘when the investigation being conducted by the NBI, PNP or any adhoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency. the NBI, PNP or any of the task force shall immediately transfer the same to the PDEA…xxx”

However, the PNP is still directed to “maintain police visibility, as a deterrent to illegal drug activities.” — Andrea Louise E. San Juan and  Rosemarie A. Zamora

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