Court: ‘Tokhang’ survivor did not assault cops

MANILA, Philippines — A Quezon City court has acquitted a “tokhang” survivor of assault charges filed against him by police officers he accused of murdering his four companions and nearly killing him during a supposed shootout.

In a two-page decision, Metropolitan Trial Court Branch 133 Presiding Judge Gloria Monica Lopez-Lao cleared Efren Morillo in the direct assault case filed against him in connection with the drug raid on Aug. 21, 2016.

“The presumption of regularity will not be stronger than the presumption of innocence in favor of the accused. Otherwise, a mere rule of evidence will defeat the constitutionality enshrined right to be presumed innocent. The foregoing legal aphorism snugs fitting in the present case,” Lopez-Lao said in her decision dated March 3.

The direct assault case was filed by Senior Inspector Emil de los Santos, Police Officer 3 Allan Formilleza, Police Officer 1 James Aggarao and PO1 Melchor Navisaga, who were then assigned to the Quezon City Police District (QCPD) Station 6.

Morillo filed charges of frustrated murder, murder, robbery, and planting of drugs and firearms before the Office of the Ombudsman against the four police officers. The case remains pending.

The lawmen claimed they were conducting house-to-house visits as part of “tokhang” operations when they received information about a drug den in Payatas.

“Tokhang,” taken from the Filipino words “katok” (knock) and “hangyo“ (plea), was the centerpiece of the Philippine National Police’s campaign against illegal drugs during the presidency of Rodrigo Duterte.

It involved going house-to-house to encourage suspected drug offenders to surrender or voluntarily undergo rehabilitation.

Morillo said the lawmen and their informants looted the house of Marcelo Daa Jr. in Payatas. He said he was in the area to collect a debt from Daa.

He said the police officers handcuffed him, Daa, Jessie Cule, Anthony Comendo and Rhaffy Gabo before entering Daa’s house.

Morillo said the police officers removed their handcuffs and allegedly brought him and Daa to a small makeshift room at the back of the house, while the three others were left outside.

Morillo said Formilleza shot him once and Daa three times.

“Thoroughly frightened that I might be shot again, I closed my eyes and played dead,” he said.

Morillo said he heard gunshots outside the room and someone giving orders to plant evidence to make it appear that the victims had fought back.

He said he escaped by crawling to a ravine three meters behind the house. He eventually reached a road and sought help from the driver of a passing jeepney.

He said a medical certificate shows Formilleza shot him “with an intent to kill” near the heart at close range, “directed downwards.”

This means that Formilleza shot him “while he was standing and I was sitting,” according to Morillo.

‘Blatant lie’

Morillo described as a “blatant lie” the police officers’ claim that he and the four victims fought back during the operation, resulting in a shootout.

He said the autopsy reports on the bodies of the victims showed they were shot several times at close range.

“The direction of the gunshot wounds are either downwards or upwards – meaning they were shot while either sitting down, kneeling, or lying on the ground. Most of the shots had exit wounds – meaning they were shot at close range,” Morillo said.

“These circumstances are contrary to what is expected in a shootout, where the victims should have sustained wounds with a straight trajectory, and where most would not have exit wounds,” he added.

Morillo said autopsy reports on Comendo and Cule’s bodies even show that they were shot point-blank in the face and in the right shoulder, respectively, while kneeling down.