Court acquits Tokhang survivor of assaulting policemen
Court acquits Tokhang survivor of assaulting policemen
A Quezon City court has acquitted of direct assault a Tokhang survivor who lived to belie the police's "nanlaban" claim.
Brief background:
Morillo and other unknown companions allegedly fired at the officers, who shot back. Morillo’s 4 companions were killed in the alleged shootout. They were identified as Anthony Comendo, Jessie Cule, Marcelo Daa, Jr., and Rhaffy Gabo.
Morillo, who was shot on the chest, played dead. He was later arrested and accused of shooting the policemen.
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Doctrine:
PRESUMPTION OF INNOCENCE OVER PRESUMPTION OF REGULARITY
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The officers, it said, did not comply with the Double Barrel circular of the Philippine National Police which requires coordination with local drug abuse councils for the conduct of Tokhang.
“Indeed, when the performance of duty is tainted with irregularities, the presumption is effectively destroyed,”
- the court said.
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“While the law enforcers enjoy the presumption of regularity in the performance of their duties, this presumption cannot prevail over the constitutional right of the accused to be presumed innocent, and it cannot, by itself, constitute proof of guilt beyond reasonable doubt. The presumption of regularity is disputable and cannot be regarded as binding truth,”
- the court added.
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In a statement, Morillo's lawyers welcomed the ruling.
"It is a beacon of light for those whose hopes have been dimmed and distorted by the pro forma, lawless, and soulless ‘Nanlaban’ narrative. This decision is proof that truth will prevail and lives on,”
- they said.
Take note:
TOKHANG CHALLENGE BEFORE THE SUPREME COURT
Morillo, assisted by the Center for International Law (CenterLaw) and the Butuyan & Rayel Law Offices, was among the first to question Oplan Tokhang before the Supreme Court in January 2017.
The petition remains pending but the Court of Appeals, in February 2017, granted the privilege of writ of amparo providing protection to Morillo, his family and companions.
Full story:
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