Victims’ Kin Urge Supreme Court to Declare ‘Tokhang’ Unconstitutional

Manila: The families of 27 victims of the former Duterte administration's war on drugs have appealed to the Supreme Court (SC) to address their amparo petition, seeking to nullify two memorandum circulars that served as the foundation for the lethal Operation Tokhang, initiated a decade ago.

According to Philippines News Agency, the families submitted a nine-page manifestation to the high tribunal, requesting a permanent protection order and the declaration of Philippine National Police Command Memorandum Circular No. 16-2016, as amended by CMC No. 01-2017, as unconstitutional, illegal, and unenforceable. Represented by attorneys Joel Butuyan and Gilbert Andres, the victims' kin emphasized the heightened need for judicial protection due to ongoing harassment linked to the prosecution of former President Rodrigo Duterte at the International Criminal Court (ICC).

The petitioners argued that there is a pressing need for the privilege of the writ of Amparo, due to systematic disinformation, fake news, propaganda, and various forms of harassment against the families and communities affected by the 'war on drugs'. This urgency has been exacerbated by the ICC's prosecution of former President Duterte. The appeal coincides with the 10th anniversary of the Duterte administration's 'war on drugs', which has been marked by significant bloodshed.

The petitioners further stated that a judicial declaration by the SC would reinforce the claim that the Philippines has an operational judicial system. They argued that only through a definitive ruling can the Supreme Court fulfill its essential duty, uphold the Constitution, and ensure that the fundamental rights to life, liberty, and security of every Filipino are never again compromised by violent and oppressive governance.