Court orders PNP to comply with 2017 directive on Quezon City Tokhang deaths

DAVAO CITY – The Court of Appeals (CA) has ordered the Philippine National Police (PNP) to comply with a 2017 Supreme Court (SC) directive to produce final investigation reports on the 2016 killing of four men in Quezon City, one of the earliest cases linked to the controversial Oplan Tokhang campaign of the previous administration.

The six-page resolution, dated January 3, 2025, comes as part of the writ of amparo protection issued by the SC for Efren Morillo, the lone survivor of the incident, who has been seeking justice for the past eight years.

“Wherefore, the Philippine National Police, through the Directorate for Investigation and Detective Management, is directed to inform the Court whether or not the investigation of the subject incident has been completed. It is further ordered to furnish the Court and the petitioners with copies of the final investigation report within ten (10) days from notice,” the CA stated in its resolution.

The court emphasized that if the investigation remains incomplete, the PNP must still submit all the latest reports and relevant documents from the past eight years within the same time frame.

The case revolves around the deaths of Raffy Gabo, Anthony Comendo, Marcelo Daa Jr., and Jessie Cule, who were killed during a police operation in Barangay Bagong Silangan, Quezon City, on August 21, 2016. Morillo survived a gunshot wound to the chest and later filed a petition that led to the issuance of a writ of amparo—a legal remedy for the protection of constitutional rights against threats or violations.

The SC’s permanent protection order barred four identified police officers involved in the case from coming within a 1-kilometer radius of Morillo and the surviving relatives of the victims, who were also petitioners. Additionally, the SC mandated reassigning the officers to posts outside Quezon City and Montalban, Rizal, and ordered the suspension of Oplan Tokhang activities concerning the petitioners.

Morillo, under the protection of the Commission on Human Rights, has repeatedly requested access to investigation reports and information on whether charges were filed against the officers involved. Despite these efforts, the PNP has yet to provide complete and final results, prompting petitioners to file a motion before the SC.

In its resolution, the CA noted that the “initial” report submitted by the PNP in 2017 was neither complete nor sufficient to inform petitioners of the events of August 21, 2016, or the actions taken against the implicated officers.

“The initial reports were by no means final and complete to apprise the petitioners of what happened that fateful day, nor were they adequate to inform them of the actions taken by the PNP against police officers involved in the incident,” the CA stated.

This development highlights ongoing challenges in ensuring accountability for alleged abuses linked to the anti-drug campaign. The SC’s writ of amparo order, considered a significant legal victory, underscores the importance of transparency in police operations, particularly those tied to Oplan Tokhang, which has faced widespread criticism for alleged extrajudicial killings and human rights violations.

The CA’s directive is expected to intensify public scrutiny of the PNP’s handling of the case and its commitment to addressing allegations of police misconduct during the anti-drug operations of the Duterte administration.