MANILA, Philippines – The Office of the Ombudsman junked criminal and administrative charges filed by a drug war survivor against police officers accused of killing four individuals in Quezon City during the early days of former President Rodrigo Duterte’s war on drugs.

The case junked by the Ombudsman was filed by drug war survivor Efren Morillo and the families of his companions killed during a 2017 operation. Center for International Law (CenterLaw), in a statement released on Thursday, July 20, confirmed the dismissal of the charges against police officers Emil Garcia, Allan Formilleza, James Aggarao, and Melchor Navisaga in a decision issued earlier this week.

“The charges against the policemen were dismissed despite the submission of a court testimony of Morillo’s attending physician, attesting to the fact that Morillo’s bullet wounds had a higher elevation entry point and a lower elevation exit point, clearly corroborating Morillo’s testimony that he was shot by a standing policeman while he was seated on a chair,” CenterLaw, which represents Morillo, said.

The full copy of the resolution has yet to be uploaded in the Ombudsman’s website, as of writing.

In 2017, a murder charge was filed against the cops over the killing of Marcelo Daa Jr., Rhaffy Gabo, Anthony Comendo, and Jessie Cule. A frustrated murder charge was also filed by Morillo, who survived the killing after he “played dead” and then escaped.

Morillo testified how his friends were killed by cops “execution-style shot in the head or torso at close range – while they were merely playing pool in Payatas, Quezon City.” From a small opening in the makeshift room where they were shot by the cops, Morillo escaped while injured and eventually reached the highway. He was given proper medical care only after nine hours.

After Morillo filed the charge, the families of his companions also filed a supplemental case to bolster their pushback against the cops.

ICC probe needed

In their statement, CenterLaw said the recent dismissal of charges against the cops “reinforces the necessity for the International Criminal Court (ICC) to exercise its jurisdiction in order to prosecute the masterminds behind the thousands of extrajudicial killings during the Duterte years.” The ICC appeals chamber recently junked the Philippine government’s petition against the resumption of the probe into drug war killings under former president Rodrigo Duterte.

CenterLaw also noted that the charges against cops were dismissed despite two court decisions “that supported the complainants’ narratives of the incident.”

In 2017, Morillo and the families of his companions filed the first drug war-related petition with the Supreme Court. They sought the issuance of the privilege of writ of amparo – a remedy used to seek a protection order. The Court of Appeals later granted the privilege of the writ and issued a permanent protection order for Morillo and his fellow petitioners in the case.

Must Read

Hindi nanlaban: QC court acquits drug war survivor of direct assault

The Quezon City Metropolitan Trial Court Branch 133 also acquitted Morillo in March 2023, after police personnel alleged he had assaulted them. After the police discovered that Morillo survived the operation, he was slapped with a direct assault charge.

The court acquitted Morillo after the prosecution failed to establish the elements of direct assault in the case. The court noted that the alleged crime did not happen “at the time the police operatives were in the lawful exercise of their duties.” – Rappler.com

After ICC junks PH gov’t appeal, kin of drug war victims feel ‘closer to justice’