‘Are present writs sufficient to uphold citizens’ rights?’

MANILA, Philippines -  Are the legal remedies available in courts sufficient to address the continuing spate of extrajudicial killings and human rights violations in the country?

Chief Justice Maria Lourdes Sereno has raised this question as she revealed that the judiciary is presently in search for answers.

During her annual meet the press event held recently in Cebu, the Supreme Court chief admitted that she herself was uncertain if the writs of amparo, habeas corpus and habeas data provided in courts would suffice to address the issue on killings vis-à-vis the administration’s war on drugs.

“Are the present writs sufficient to uphold citizens’ rights? This question has been bothering me sometime now,” she said.

“Of course it is our duty to do what we can, so how do we account for the number of violent deaths being seen right now?” Sereno asked.

The Chief Justice revealed that the judiciary, through its special human rights committee chaired by Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, is currently reviewing the sufficiency of the writs in addressing human rights issues in the country.

“We’re still in the process of evaluation on what still could be done,” she bared.

Sereno said she has also discussed the issue with several groups of journalists due to continuous spate of media killings in the country.

Still, Sereno stressed that the hands of the judiciary are tied when it comes to cases of EJKs because it could only step in when these are filed in courts.

“The problem is we have a Constitution that places judiciary as the last part of the process... Because of this sequence, we find ourselves timid because we do not do investigation, we do not file cases, so the limitations remain,” she explained.

The SC chief lamented that of all the reported cases of EJKs, not too many were actually filed in court.

She pointed out that the mandate to conduct investigations and file cases in courts belongs to the executive branch.

“The executive implements the law and has the sole monopoly of the use of force. When force is used and results in death, legal questions come in and that are brought before the courts. But so far we have not had so many questions brought before us,” Sereno added.

Of the thousands of reported cases of killings in the war on drugs during the 13 months of the Duterte administration, only one has reached the SC last January.

The high court issued a writ of amparo upon petition of a survivor and families of four drug suspects killed in a police operation in Payatas, Quezon City last year.

It also issued a temporary protection order (TPO) that specifically prevented policemen assigned in Station 6, which conducted the operation in the area in August last year, from entering the residence and workplaces of survivor Efren Morillo and other petitioners within a one-kilometer radius.

Last March, charges of multiple murder, frustrated murder, robbery and planting of evidence as well as grave misconduct were filed against the policemen involved in the operation where drug suspects Marcelo Daa Jr., Raffy Gabo, Anthony Comendo and Jessie Cule were killed.

Lawyers of Morillo from the Center for International Law also filed a petition last April seeking promulgation of a new rule – the writ contra homo sacer, which will provide for mandatory inquest proceedings in a case of death from either legitimate police operations or vigilante-style killing.

In another case, the Department of Justice (DOJ) has indicted members of the Criminal Investigation and Detection Group (CIDG) team involved in the killing of Albuera, Leyte mayor Rolando Espinosa and fellow inmate Raul Yap inside a sub-provincial jail in November last year for murder.

But upon review, the DOJ downgraded the case to homicide last May that allowed the 19 accused led by Supt. Marvin Marcos to post bail.