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3Republic of
31\epublic of tbe ~bilipp :ines
tle 3bilippines
Supreme
~upreme QJ:ourt
Court
it
Baguio «:itp
;inguio

ENBANC
EN BANC

NOTICE
Sirs/Mesdames:

banc issued a Resolution

Please take notice that the Court en bane
dated APRIL 2, 2019, which reads as follows:

"GR. No. 234359 (AILEEN ALMORA, et al. v.

"G.R. • DIRECTOR GENERAL
RONALD DELA ROSA, in his capacity as Chief. Chief of the Philippine
National Police, and all officers, agents, or other persons acting under
his authority and supervision, et al.)

G.R. No 234484 (SR. MA. JUANITA R. DANO, RGS, RSW, et al. v.

THE PHILIPPINE NATIONAL POLICE [PNP], represented by PDG
et al.)
RONALD DELA ROSA, Chief, Philippine National Police, ct

x--------------------------------------------------�
x--------------------------------------------------~

RESOLUTION
RESOLUTION·

In the Resolution dated 14 August 2018, this Court resolved to: (l)
( l)
grant the Letter dated 25 July 2018 of Atty. Jose Manuel I. Diokno,
Chairperson, Free Legal Assistance Group, and counsel for petitioners in
G.R. No. 234359, requesting copies of Annexes 11 to 57 attached to the (i)
Compliance dated 26 April 2018 and (ii) Compliance dated 25 June 2018
(0SG); and (2) require the OSG
filed by the Office of the Solicitor General (OSG);
to furnish Atty. Diokno with the aforesaid Annexes 1I to 57 and to submit
proof of such compliance within five days from notice.

In its Compliance (With Motion for Partial Reconsideration) dated 4

September 2018, the OSG unilaterally declared that there are two categories
of documents required from them, to wit:

Category II consists of:

a. list of persons killed in legitimate police operations from II July 2016 to

30 November 2017;

JJ
2016 to 30 November
b. list of deaths under investigation from l1 July .2016
2017;
c. list of Chinese and Fil-Chinese drug lords
iords who have been neutralized;
Notice ot Kesolut1on --2-
2- G.R. Nos. 234359 & 234484
April 2, 2019

d. list of drugs involved whether shabu, cocaine, marijuana, opioids, etc.;

e. comparative tables on index crimes;
f. statistics of internal cleansing within the police force;
g. drug watchlist in the affected areas;
xxx
XXX
k. list of warrants and warrantless arrests in High Value Target (HVT)
police operations; and
I. list of cases under investigation under Internal Affairs Service (IAS).

Category 2, on the other hand, consists of:

h. reports and.documents regardingAlmora,

and documents regarding Almora, Aparri and Soriano;
i. pre- and post-operation reports in all the Dafio
Dario incidents; and
j. number of buy-bust incidents in San Andres Bukid from 1I July 2016 to
30 November 2017;
xxxx
xx xx

Pursuant to its own classification, the OSG decided to send only the
documents under Category 2, attached as Annexes 2 to 30-m 3 0-m and 34, to
Dano, et al. The OSG claimed that
petitioners in Almora, et al., and in Da:fio,
petitioners are not entitled to the production of Category I1 documents,
because these documents are irrelevant to the issues involved in the instant
petition for a writ of Amparo or to the petition for prohibition. The OSG
further claimed that the Category 11 documents contain very sensitive
information with law enforcement and national security implications. Also,
these documents do not directly relate to the constitutional issue in the
present petition for prohibition, and are not pertinent to the alleged violation
of the rights of the victims in Almora, which is the subject of the present
petition for a writ of Amparo.

On 25 September 2018, we issued a Resolution that required

petitioners to comment on the OSG's Compliance (With Motion for Partial
Reconsideration) dated 4 September 2018.

On 9 November 2018, we received the Comment on Respondents'

Compliance (with Motion for Partial Reconsideration) dated 4 September
2018 filed by petitioners Dano, et al. In their Comment, petitioners Dafio, et
al. alleged that due process and fairness demand that the parties be furnished
copies of these documentary submissions, so as to intelligently participate
Dafio, et al. also stated that "this is an
further in the proceedings. Petitioners Daiio,
opportunity to show the critics of drug war that the government is open,
transparent, able and willing to investigate and prosecute those that may be
killings."'1 On 15 November 2018, we received the
for the killings."
responsible for
Opposition/Comment (To Respondents' Compliance with Motion for Partial
,filed by petitioners Almora, et al. In their
Reconsideration) .filed
Opposition/Comment, petitioners Almora, et al. alleged that the OSG should
produce and furnish them both the Category 11 and 2 documents, because
both documents are relevant to the issues presented by petitioners, and its

Comment on Respondent's Compliance (with Motion for Partial Reconsideration) dated 4

September 2018 filed by petitioners Daflo,
Dario, et al, p. 16.
JJ
Notice of Resolution --3-
3- G.R. Nos. 234359 &
& 234484
April 2, 2019

production hinges on the constitutional right to information.

Dario, et al. in G.R. No. 234484,

On 26 September 2018, petitioners Dafio,
counsel, filed a Motion to be Furnished
through counsel, Furnished a Copy of Respondents'
Documentary Submissions. On 16 October 2018, we asked respondents to
comment on the 26 September 2018 Motion. After several motions for
extension, the OSG submitted its Comment on 12 March 2019. The OSG O$G's
's
Comment stated, in part:

7. On September 4, 2018, the OSG filed its Compliance 'withwith Partial

Motion for Reconsideration dated September 4, 2018. It furnished the
Almora petitioners with the Category 2 documents (Annexes '2' to '30-m'
and '34 limited to such
~). However, it prayed that the submission be limited
'34).
documents. The issue is still pending with the Court.

8. The OSG did not furnish the Dario

Dafio petitioners with both Category 1I and
2 documents since, as recognized by the counsel for the Dano
Daiio petitioners,
the Court merely noted the request-letter dated June 28, 2018.

9. To obviate any further controversy on this matter, the OSG will furnish
the Daiio petitioners with all Category 2 documents given to the Almora
petitioners, which documents will be attached to the instant Comment.

1O. With the Submission

10. Dano
submission of the Category 2 documents to the Dafio
petitioners, the grounds cited in the Motion to be Furnished a Copy of
Respondents' Documentary Submissions can no longer be invoked. 2

The OSG is mistaken. We deny the OSG's motion for partial

dated 4 September 2018. We direct the OSG to provide
reconsideration d.ated
Daro, et al. With
petitioners Almora, et al. and Dano, with copies of the entire set of
Annexes from l1 to 57.

When the OSG submitted its Compliance dated 26 April 2018 and
Compliance dated 25 June 2018, it did not make any reservation that certain
documents covered by its Compliance would be withheld from petitioners.

Thus, the OSG's Compliance dated 26 April 2018 stated:

l. Honorable Court's Order dated December S,

1. In compliance with this I:lonorable 5,
2017 and Resolution dated April 3, 2018, the respondents respectfully
ollowing documents:
f
submit the following

"1
Annex "1" Letter dated April 12, 2018 from PDG Ronald M. Dela
Rosa requesting the Office of the Solicitor General
allow
(OSG) to take appropriate action for the SC to alJow
them more time to comply with the directives.

O
J
2 - Case folder relating to the death of Ryan Dave Tuazon
Annexes "2"
2-1
"2-i" Almora.
Almora. /

Comment (on Petitioners' Motion to Be Furnished a Copy of Respondents' Documentary

Comment
Submissions) filed by the OSG, p. 3.
 of Resolution
Notice ot - 44-- G.R. Nos. 234359 & 234484
April 2, 2019
,·

Annexes "3" - Case folder relating to the death of Rex Appari.

"3-g"
"4'' - Case folder relating to the injury of Jefferson Soriano.
Annexes "4"
"4-b"
Berofia III y
Annexes ''5" - Case folder relating to the death of Conrado Berona
"5-s"
"5.-s" Gonzales.

Annexes "6" - Case folder relating to the death of Jomar Manaois y

"6-kk"
"6-kk' Nombre.

Annexes "7" - Case folder relating to the death of Ryan Eder y Supnet.
«1-nn"
"7-nn"
·8 -. Case folder relating to the death of Willie Temora.
Annexes "8"
Apnexes Ternora.
·8-nn"
"8-nn"

9 - Case folders relating to the deaths of Jerson Colaban y

Annexes "9''
"9-vv" Motajes, Joseph Baculi y Francisco and Jossing Colaban
y Motajes.
Annexes "10" Case folder relating to the death of Emilio Blanco y
--·10-
"10-r" Niedo.

Annexes "11"
11 Case folder relating to the death of Jerry Estreller y De
"ll-1"
--"11-1 Belen.

Annexes "12" Case folder relating to the death of Delfin Sicson.

-12-x"
- "12-x"
Annexes "13" Case folder relating to the death of Emil Morales.
"13-w"
--"13-w"
14 Case folder relating to the death of Eduardo Gores y
Annexes "14"
"14-r"
--"14-' Montemayor.

Annexes "15"
"15 Case folder relating to the deaths of Leo Geluz y
- "15-z"
''15-z" Merced, Joshua Merced y Merced and Bimbo Merced y
Siprano.

Annexes "16" Case folder relating to the death of Ryan Dimacali.

--·16-n"
"16-n"
Annexes "17" Case folder relating to the death of Reynaldo Javier, Jr.
--·17-£°
"17-x"
18 Case folder relating to the death of
Annexes "18" Ramon Rodriguez y
ofRamon
--18-q"
"18-q" Marcos.

'19 Case folder relating to the death of Paul Jhon Michael

Annexes "19"
-·19-x
- "19-x" Enrera y Natividad.
Annexes "20" Case folders relating to the deaths of Rolly Viros y
"20-p"
--'20-p" Soliven and Ronnie Viros y Soliven.

Annexes "2l" Case folder relating to the death of Crisanto Baquial.

--"21-m"
"21-m"

Annexes "22" Case folder relating to the death of Ernesto Cruz. ) J

 Notice of Resolution --5-
5- G.R. Nos. 2343 59 & 234484
April 2, 2019

--"22-u
"22-u"
Annexes "23
''23'' Case folder relating to the death of Elmer Lagunsad y
"23-p"
--"23-p Cayubit.

24 Case folder relating to the death of Paul John Martinez.

Annexes "24"'
"24-hh"
- "24•hh"

25° Case folder relating to the death of Alvin John Mendoza.

Annexes "25"
'25-q"
- "25-q"
Annexes "26"
''26" Case folder relating to the death of Gelber Begelme y
- "26-k"
-"26- Badeo.
SPO3 Dennis Padpad
Annexes "27" Case folder relating to the death of SP03
--"27-
"27-k" y Navarette.

28" Case folder relating to the death of Edwin Eduardo y de

Annexes "28"
--"28-
"28•1" Gracia.

"29 Case folder relating to the death of Jeffrey Degala.

Annexes "29"
29-a
- "29-a"
'30°' Case folder relating to the death of Manuel Roy
Annexes "30"
Annexes·
·30-m
- "30-m" Maalac.
Manalac.

31
Annex "31" Copy of Double Barrel Alpha or Command
Memorandum Circular No. 01-2017.

32'
Annex ''32" Internal Cleansing and Process Flow
Statistics on PNP Intern.al
on Handling Complaints.

33°
Annex "33" Chine.se and Filipino-Chinese covering
List of Arrested Chinese
the period of CY 2003-2017.

Annex "34"
"34 Number of buy-bust incidents in San Andres Bukid from
I, 2016 to November 30, 2017.
July 1,

"35"
Annex ''35" Manila.3
Drug watch lists in Sta. Ana, Manila.

36
Annex "36" Summary of Administrative Cases of All RIAS Offices
on Anti-Illegal Drugs
Drugs Operations (DOUBLE BARREL).

Annex "36-a''
"36-a" Summary of Administrative Cases of NIAS on Anti-
Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-b" NIAS Investigation on Anti-Illegal Drugs Operations

2016 -- December 2016 and January 2017 ---
(July 2016-December
December 2017).

Annex "36-c" NIAS Pre-Charge Investigation on Anti-Illegal Drugs

-- December 2016 and January
Operation (July 2016 -December
2017 --- December 2017).

''36~d" NIAS
Annex "36-d NLAS Summary Hearing Proceedings on Anti-Illegal
Drugs Operations (July 2016 --- December 20 I 6 and
January 2017 -- December 2017)
-December
l!
3
of G.R. No. 234359 (Almora), pp. 2006 to 2097. Vol. IV ofG.R.
Vol. IV ofG.R. of G.R. No. 234484 (Dafio),
(Dano), pp.
2033 to 2123.
Ivouce 01 .Kesomuon
l"louce oI KeSOIuI1on - --
- O
() G..
U.K. Nos. 234359 & 234484
April 2, 2019

"36-e" Summary of Administrative Cases of RIAS I1 on Anti-

Annex."36-e"
Annex.
Illegal Drugs Operations (DOUBLE BARREL).
BARREL).

Annex "36-f'' Summary of Administrative Cases of RIAS 2 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).

"36-g" Summary of Administrative Cases of RIAS 3 on Anti-

Annex "36-g
Illegal Drugs Operations (DOUBLE BARREL).
Annex "36-h"
36-h Summary of Administrative Cases of RIAS 4A on Anti-
Illegal Drugs Operations (DOUBLE BARREL).
Annex "36-i"
36-i Summary of Administrative Cases of RIAS 4B on Anti-
Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-j" Summary of Administrative Cases of RIAS 5 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-k" Summary of Administrative Cases of RIAS 6 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-1" Summary of Administrative Cases of RIAS 7 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).

Annex 36-
"36- Summary of Administrative Cases of RIAS 8
8 on Anti-
m" Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-n" Summary of Administrative Cases of RIAS 9 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).
Annex "36-o" Summary of Administrative Cases of RIAS l O0 on Anti-
Illegal Drugs Operations (DOUBLE BARREL).
Annex "36-p" Summary of Administrative Cases of RIAS 11 on Anti-
Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-q" Summary of Administrative Cases of RIAS 12 on Anti-

Illegal Drugs Operations (DOUBLE BARREL).

36-r Summary of Administrative Cases of RIAS 13 on Anti-

Annex "36-r"
Illegal Drugs Operations (DOUBLE BARREL).

Annex "36-s" Summary of Administrative Cases of RIAS ARMM on

Anti-Illegal Drugs Operations (DOUBLE BARREL).

"36-t
Annex "36-t" Summary of Administrative Cases of RIAS COR on
Anti-Illegal Drugs Operations (DOUBLE BARREL).

36-u" Summary of Administrative Cases of RIAS NCR on

Annex "36-u"
Anti-Illegal Drugs Operations (DOUBLE BARREL).

Annex "37" Copies of the references mentioned in CMC-16-2016.

Annex "37-a" Pronouncement of President Rodrigo R. Duterte to get

rid of illegal drugs.

Annex "37-b" Memorandum Circular No. 89, s. 2015, Implementation

Institutionalization of the National Anti-Drug Plan
and Institutionali.zation
of Action.
JJ
Notice of Resolution
ofResolution --7-
7- & 234484
G.R. Nos. 234359 &
April 2, 2019

Annex "37•c"
"37-c" Resolution No. 2015-5547, Approving the Creation of
the. Anti-Illegal Drugs Group
.Police.Anti-Illegal
the Philippine National Police
as a National Operational Support Unit.
Annex "37-d"
37-d Memorandum Circular No. 2015-63, Revitalization of
Barangay Anti-Drug Abuse Council (BADAC) and
the BarangayAnti-Drug
their role in Drug Clearing Operations.

on Anti-Illegal Drugs Operations

37-e" Revised PNP Manual onAnti-Illegal
Annex "37-e"
and Investigation.

Annex "37-f'' Departmentof

37.£ US Department in Action, Country
of State Diplomacy in.Action,
Reports --
- Moldova through Singapore.
Annex "37-g" LOI 16/2012, Kontra Droga Charlie (Plan for a
Revitalized Campaign Against Illegal Drugs).
Annex "37-"
''37-h" DDB Board Regulation No. 1,I, Guidelines in the
Implementation of Operation: "Lawmen".

37-1' NAPOLCOM Memorandum Circular --- 2009-001,

Annex "37-i"
Directing the Philippine National
National. Police to undertake an
Campaign Against Illegal
Intensified and Unrelenting Campaign
Use and Trafficking of Dangerous Drugs.

Annex "37-j" DDB Board Regulation No. 2, Providing for Revised

Guidelines in the Conduct of Baran gay Drug-Clearing
Barangay
Operations.

37- Executive Order No. 218, s. 2003, Strengthening the

Annex "37-k"
Support Mechanism for the Philippine Drug
Enforcement Agency.
2.· The respondents need additional time to .submit
2. submit the other documents
required by the Court because said documents will still be collected and
validated.

PRAYER
XX xx
xx XX

Copy furnished:

ATTYS. RUIZ BUTUYAN, ROGER

R. RAYEL, GILBERT TERUEL
ANDRES, GEEPEE A. GONZALES,
ANDRES,
ETHEL C. AVIS
AVISADO,
ADO, ZHARMAI C.
GARCIA, CRISTINA I.
ANTONIO, GIL ANTHONY E.
AQUINO, CRISPIN FRANCI M.
JANDUSAY and KIMBERLY
ANNE M. LORENZO
Counsel for Petitioners in GR. No. 234484
Center for International Law Philippines
Centerior
1105 Antel Corporate Center
Valero Street,
121 Va:lero Street, Salcedo Village
Makati City 1227

I
 r'luuce esoIuuon
Ivouce or Kesomuon -~ - U.K.
G.K. Nos. 2:;4:;)9
234359 & 234484
April 2, 2019

ATTYS. JOSE MANUEL I.

DIOKNO, PABLITO V. SANIDAD,
ARNO V. SANIDAD and FELIX J.
MARINAS, JR.
Free Legal Assistance Group
Counsel/or
Counsel for Petitioners in GR. No. 234359
c/o Sanidad Law Office
Malak.as Street
77 Malakas
Brgy. Pinyahan, Quezon City 1100

xx xx
XXXX

Meanwhile, the OSG's Compliance dated 25 June 2018 stated:

1. On April 26, 2018, the OSG filed Compliance with Motion for
Extension of Time to Submit Additional Documents for sixty days from
April 26, 2018, or until June 25, 2018.

2. The respondents respectfully submit the following additional

documents:

Annex "38" List of Names of Chinese National Arrested and

their participation and charges filed against them for
the period covered July I, 2016 to November 30,
2017.44
Annex "38-a" List of Wanted Listed Drugs Personalities Arrested
for the period covered July 1, 2016 to November 30,
2017.°5
2017.
38-b" List of Warrantless arrests operations for the period
Annex "38-b"
2017.66
1, 2016 to November 30, 2017.
covered July l,
Annex "38-c"
"38-c'' List of Drug Personalities who died in PDEA-
initiated anti-drug operations for the period covered
1, 2016 to November 30, 2017.77
July l,
Annex "39" Letter dated June 20, 2018 from Adelio Benjamin G.
Annexu39"
Castillo.
Annex "40" Comparative Tables on Index Crimes.
41" Update
Annex "41" on Recovery and Wellness Program
Accomplishment.
Accotnplishrnent.
Annex "42" Percentage of Operations Thru Warrant of Arrest.
Annexes "43"
43 3 CDs from Police Regional Office 11 containing the
to "43-b"
"43-b lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
1, 2016 to November 30, 2017.
period July l,
Annexes "44" 4 CDs from Police Regional Office 2 containing the
to "44-c" lists and names of victims per case folders of ll
4
Vol. VI, G.R. No. 234359 (Almora), pp. 2969-2971.
5 Vol. VI, G.R. No. 234359 (Almora), pp. 2972-2980.
6
Vol. VI, G.R. No. 234359 (Almora), pp. 2981-2991.
7
Vol. VI, G.R. No. 234359 (Almora), pp. 2992-2995.
Notice of Resolution
ofRes.olution 9--
-9 & 234484
G.R. Nos. 234359 &
April 2, 2019

Homicide Cases Under Investigation covering the

to November
period July 1, 2016 to November 30, 2017.
Annexes 45 7 CDs from Police Regional Office 33 containing the
Annexes "45"
45.-£
to "45-f" lists and names of victims per case folders of
Homicide Cases Under Investigation
46° 9 CDs from Police Regional Office 4-A containing
Annexes "46"
to "46-h" victims per case folders of
"46-h the lists and names of victims
Homicide Cases Under Investigation covering the
period July 1, 201 7.
l, 2016 to November 30, 2017.
47 13 CDs from
Annexes "47" from Police Regional Office 4-B containing
to "47-1" the lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.
48 165 CDs from Police Regional Office 5 containing
Annexes "48"
to foJders of
the lists and names of victims per case folders
48-
"48- Homicide Cases Under Investigation covering the
hhhhhhh"
hhhhbhh" 1, 2016 to November 30, 2017.
period July l,
"49 8 CDs from Police Regional Office 6 containing the
Annexes "49"
"49-f' lists and names of victims per case folders of
to49.£'
to
Investigation covering the
Homicide Cases Under lnvestigation
period July 1, 2016 to NQvember
November 30, 2017. ·
Annex "50" 11 CD from Police Regional Office 8 containing the
lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.
"51 46 CDs from Police Regional Office 9 containing the
Annexes "51"
· to "51-ss"
51-ss" lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.
".52" I1 CD from Police Regional Office I10
Annex ''.52" 0 containing the
lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.
Annexes''53"
Annexes 53" 2 CDs from
from Police Regional Office 11 containing the
53-a" lists and names of ·victims
to "53-a" victims per case folders of
Homicide Cases Under Investigation covering the
1, 2016 to November 30, 2017.
period July l,
'period
"54 3 CDs from Police Regional Office 13 containing the
Annexes "54"
to "54-b" lists and names of victims per case folders of
Homicide Cases Under Investigation covering the
1, 2016 to November 30, 2017.
period July l,
Annexes "55" 15 CDs from Police Regional Office 12 containing
55-0° the lists and names of victims per case folders of
to "55-o"
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.
Annex "55-p" Police Regional Office 12 Homicide Cases Under ~
/]
Investigation Transmittal sheet. /
/
Ivouce
l'IUlH.:t: o1 u - G.K.
U.K. Nos. :234359
234359 && 234484
cSOIuL1On
Ul 1"\.t::SOlUllOil - 11U
April 2, 2019
..

56 33 CDs from Police Regional Office COR containing

Annexes "56"
"56-b the lists and names of victims per case folders of
to "56-b"
Homicide Cases Under Investigation covering the
period July 1, 2016 to November 30, 2017.

[No mention of Annexes "56-c

"56-c" to "56-e
"56-e" in the 25
June 2018 Compliance.]

"56-f'' Police Regional Office COR Homicide Cases Under

Annex "56-£'
Investigation Transmittal sheet.
Annex "57"
"57 Police Regional Office NCR Homicide Cases Under
Investigation Transmittal sheet

PRAYER
xx xx
xxxx

Copy furnished:

ATTYS. RUIZ BUTUYAN, ROGER R.

RAYEL, GILBERT TERUEL ANDRES,
GEEPEE A. GONZALES, ETHEL C.
AVISADO, ZHARMAI C. GARCIA,
CRISTINA I. ANTONIO, GIL
ANTHONY E. AQUINO, CRISPIN
FRANCI M. JANDUSAY and
KIMBERLY ANNE M. LORENZO
Counsels/or
Counsels for Petitioners in GR. No. 234484
Center for International Law Philippines
1105 Antel Corporate Center
121 Valero Street, Salcedo Village
Makati City 1227

ATTYS.
A TTYS. JOSE MANUEL .I.
I. DIOKNO,
PABLITO V. SANIDAD, ARNO V.
SANIDAD and FELIX J. MARINAS,
JR.
Free Legal Assistance Group
Counsel/or
Counsel for Petitioners in GR. No. 234359
c/o Sanidad Law Office
77 Malakas Street
Brgy. Pinyahan, Quezon City 1100

xx xx
xxxx

The Affidavit of Service further shows that the OSG caused to be

served a copy of its Compliance by registered mail to the counsels of the
petitioners. Thus, the OSG itself, without any qualification or condition,
furnished to the counsels of petitioners in both GR.
G.R. No.
No. 234359 and GR.
G.R.
No. 234484 its Compliance dated 26 April 2018 and Compliance dated 25
June 2018. )
)
 Notice of Resolution 11--
- 11 G.R. Nos. 234359 & 234484
April 2, 2019

Subsequently, in its Compliance (With Motion for Partial

Reconsideration) dated 4 September 2018,2018, the OSG unilaterally declared,
for the first time,
time, that there are two categories of documents required from
it. The OS:G
OSG never mentioned any category of documents during the oral
arguments, or even during its prior Motion for Reconsideration dated 18
December 2012017,7, when it refused to submit all the information and
documents requested by Members of this Court.

We find that it cannot now impose conditions on its compliance. We

find that it is
is only the OSU
OSG, which unilaterally classified the documents into
Categories 11 and 2, without the knowledge of or consent from this Court
and the parties, for the first time on 4 September 2018, or after it already
submitted its Compliances to the Court and the parties without any
condition on 26 April 2018 and 25 June 2018.
qualification or c.ondition

Furthermore, we find that the arguments raised by the OSG in its

present motion were already raised and ruled upon by this Court in·
present in'its
its
Resolution dated 33 April 2018. Again, we find that the OSG arrogated upon
itself the determination of the relevance of the documents to the issues
involved in the present petitions. To reiterate, we have ruled in our
Resolution dated 3 April 2018 that the determination of whether particular
evidence is relevant rests largely at the discretion of this Court. Moreover,
we also ruled in the same Resolution that "[c]ontrary to the claim of the
Solicitor General, the requested information and documents do not
obviously involve state secrets affecting national security. The
information and documents relate to routine police operations involving
violations of laws against the sale or use of illegal drugs. There is no
showing that the country's territorial integrity, national sovereignty,
independence, or foreign relations will be compromised or prejudiced by the
release of these information and documents to this Court or even to the
public. These information and documents do not involve rebellion, invasion,
terrorism, espionage, infringement of our sovereignty or sovereign rights by
foreign powers, or any military, diplomatic or state secret involving national
security. It is simply ridiculous to claim that these information and
documents on police operations against drug pushers and users involve
matters."
national security matters. "8

The OSG, in its 4 September 2018 motion, did not state any basis,
either factual or legal, as to how the documents under their alleged Category
11 contain very sensitive information with law enforcement and national
security implications, and as to how the said documents do not relate to the
constitutional issue in the present petition for prohibition. The OSG merely
made a hasty conclusion that "[ "[rr ]equiring the respondents to produce the
alleged documents would amount to a premature and virtual grant of the
relief prayed for by the petitioners. By requiring the production of said
writ of amparo. "9
documents, this Honorable Court, has, in effect, issued the writ !J
8
s Resolution, pp... 50,.
R<lsolution, 50, 3 April 2018.
9
Compliance (with Motion for Partial Reconsideration), p. 5, filed by the OSG.
OsG.
I1 vUuUc
'jVU\.,C UI IUUILLIUII
VJ. 1'.C:SU1UL1U11 1L
-- 1 -
L. - \J.1"-. 1"40S
U.IX. 1NOS.• 45152 &. 254444844
..Gj4j.)~ & ..lj44~4

April 2, 2019

0SG, in its 12 March 2019 comment, recognized this Court's role

The OSG;
in determining the relevancy of required documents. It reiterated our 3 April
2018 resolution when it stated that "the Supreme Court is the sole
determinant of relevancy of the required documents and that it has plenary
respondents." 10 In the
constitutional powers to require such documents from respondents."!
same vein, the OSG cannot unilaterally arrogate to itself the power to
determine which documents it should furnish petitioners.

We do not tolerate the OSG's unilateral arrogation. We reiterate what

we stated in our Resolution dated 3 April 2018 that "this Court is also
mandated to protect and enforce the people's right to information. Article III,
Section 7 states that '[t]he right of the people to information on matters of
public concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or decisions x
x x shall be afforded the citizen x x x.' The undeniable fact that thousands of
ordinary citizens have been killed, and continue to be killed, during police
drug operations certainly is a matter of grave public concern."1111 Thus, sound
factual and legal bases mandate the OSG to comply with our Resolution
dated 14 August 2018, without any qualification.

WHEREFORE, the motion for reconsideration filed by the Office of

the Solicitor General is DENIED. The Office of the Solicitor General is
hereby directed to furnish the petitioners, within ten (I 0) days from receipt
( 10)
of the Resolution, with copies of Annexes "I" to "57" "57 attached to its (i)
Compliance dated 26 April 2018 and (ii) Compliance dated 25 June 2018."
Jardeleza, J., on official business. Reyes, J., Jr., J., on official leave.
Hernando, J., on leave. (adv62)

Very truly yours,

\.

~
G 0. ARIC~fTA
O.ARICHETA
~f
Clerk of Court \([

°
1
to Comment (on Petitioners' Motion to Be Fumished a Copy of Respondents' Documentary
Submissions), p. 7.
11
Resolution, p. 45.
~ '

Notice of Resolution 13--

- 13 G.R. Nos. 234359 &
& 234484
April 2, 2019

ATTYS. JOSE MANUEL I. DIOKNO, SOL GEN. JOSE C. CALIDA (x)

SOL.
PABLITO V. SANIDAD, ASG RENAN E. RAMOS (x)
ARNO V. SANIDAD, ASG REX BERNARDO L. PASCUAL (x)
ALEXANDER PADILLA, ASG MA. CIELO SE-RONDAIN (x)
PABLITO E. SANIDAD II and ASG MYRNA N. AGNO-CANUTO (x)
MARINAS, JR. (x)
FELIX J. MARlt:jAS, ASG MARISSA MACARAIG-GUILLEN (x)
Free Legal Assistance Group ASG HENRY S. ANGELES (x)
Counsel for Petitioners in G.R. No. 234359 134 Amorsolo St., Legaspi Village, Makati City
c/o Sanidad Law Office, 77 Malakas Street
Brgy. Pinyahan, Quezon City THE CHIEF (x)
Philippine National Police
ATIYS. RUIZ BUTUYAN,
ATTYS. Philippine National Police Headquarters
ROGER R. RAYEL, Camp Crame, Quezon City
GILBERT TERUEL ANDRES,
GEEPEE A. GONZALES, SECRETARY EDUARDO ANO (x)
ETHEL C. AVISADO, Department of Interior and Local Government (DILG)
ZHARMAI C. GARCIA, DILG NAPOLCOM Center
CRISTINA I. ANTONIO, corner Quezon Avenue, Quezon City
EDSA comer
GIL ANTHONY E, AQUINO,
CRISPIN FRANCIS M. JANDUSAYand
JANDUSAY and POLICE SENIOR SUPERINTENDENT JOEL
KIMBERLY ANNE M. LORENZO (x)
KIMBERLYANNE NAPOLEON M. CORONEL (x)
Counsel for Petitioners in G.R. No. 234484 District Director of the Manila Police District (MPD)
Center for International Law Philippines MPD Headquarters, U. N. Avenue, Manila
Antel Corporate Center
1105 Antel
121 Valero Street, Salcedo Village POLICE SUPERINTENDENT OLIVIA
Makati City 1227 ANCHETA SAGAYSAY (x) (x}
Station Commander of MPD Police Station 6
6
ATTY. ROGELIO CASURAO (x) Plaza Hugo, Sta Ana, Manila
Chairperson
National Police Commission POLICE SUPERINTENDENT JERRY B.
Napolcom Bldg., Edsa-Quezon Avenue CORPUZ (x)
()
Footbridge, Quezon City MPD Headquarters, U. N. Avenue, Manila

ATTY. ALFEGAR TRIAMBULO (x) POLICE SUPERINTENDENT ROBERT

POLICE
PNP Internal Affairs Service C. DOMINGO (x)
PNP Headquarters, Colonel Delgado St., Quezon City MPD Headquarters, U. N. Avenue, Manila

PO2 PRINCETON FELIA (x)

P02 THE DIRECTOR-GENERAL (x)
PO1 HARRY ALLAN R. CRUZ (x)
P01 Philippine Drug Enforcement Agency
PO1 KENNITH A. GAA (x)
P01 NIA Northside Road
PSI CONCORCIO PANGILINAN (x) National Government Center
Police Officer known as ALIAS "HARRY" (x) () EDSA, Brgy. Pinyahan, Diliman, Quezon City
Police Officer known as ALIAS "JR" (x)
()
Police Officer known as ALIAS "IVAN" (x) THE DIRECTOR (x)
Police Officers JOHN AND JANE DOES (x) () Office of the National Administrative Register
c/o Manila Police District (MPD) Police Station 6
6 Rnm. 208 Bocobo Hall
Sta Ana, Manila University of the Phils. Law Center
Diliman, Quezon City
PO3 ALLAN ESCRAMOSA (x)
P03
PO3 RODOLFO OCAMPO, JR. (x)
P03 THE OFFICER-IN-CHARGE (x)
THE
PO2 FRANCISCO MENDOZA (x)
P02 Dangerous Drugs Board
PO1 EFREN G. GUITERING (x)
P01 NIA Northside Road, National Government Center
PO2 JOCELYN M. SAMSON (x)
P02 EDSA, Brgy. Pinyahan, Diliman, Quezon City
PO2 RHAFAEL RODRIGUEZ (x)
P02
c/o Manila Police District, UN Avenue, Ermita, Manila

P02 ROESTRELL OCAMPO (reg)

PO2
Basilan Provincial Office, PRO ARMM G.R. Nos. 234359 && 234484
Camp General Salipada, K. Pendatun
Parang, Maguindanao
0
(
(
kat 4/2/19 (URes62) 4/10/19
/