REPORT ON INVESTIGATED KILLINGS IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN According to the Advisory, which was based on an opinion by the PNP Legal Service, the PNP may deny the Commission access to records based on “exceptions on the constitutional guarantee of the people’s right to information” provided by the Supreme Court, to wit: i. Issues that cover national security, intelligence information, trade secrets, banking transactions, and criminal matters; ii. Information on military and diplomatic secrets; iii. Information affecting national security; and, iv. Information on investigations of crimes by law enforcement agencies before the prosecution of the accused.87 The PNP may also cite Inventory of Exceptions to E.O. No. 02, specifically those “which include information which are peculiar to the PNP and other law enforcement agencies.” To note, some recorded refusals have directly quoted this particular paragraph in the Memorandum: “[w]hile the PNP is bound to recognize the constitutional mandates of the CHR, it may however, in some instances, deny the latter of its access to records if the same falls under the aforementioned exceptions.” In the same Advisory, the PNP HRAO reiterated that “reasonable requirements or conditions” may still be imposed before the release of any document pursuant to Section 26 (Powers, Functions, and Term of Office of the PNP Chief) of RA No. 6975, or the DILG Act of 1990. The “presidential directive” and the subsequently issued PNP Advisory dated 25 September 2017 have been regularly cited to deny the Commission’s subpoenas. For example, in an attempt to obtain documents about the killing of an alias “Dinio” on 29 May 2018, the CHR Regional Office IV issued a subpoena to the General Mariano Alvarez Municipal Police Station in Cavite where the incident allegedly occurred. The said Municipal Police Station through its Acting Chief of Police refused to abide, stating in his letter dated 19 June 2018 that: In this regard, we regret to inform you that pursuant to the Presidential Directive that was relayed by The Directorate of Investigation Detective Management on September 19, 2017, no copies of police blotter, progress report, investigation report, SOCO report, and other documents of similar nature shall be released to the Commission on Human Rights, other Human Rights Organizations/Bodies and other requesting Agencies. While the PNP is bound to recognize the constitutional mandates of the CHR, it may however, in some instances, deny the latter of its access to records if the same falls under the exemptions provided by Executive No. 163. 87 The Advisory referred to the decision in Mario Jose Sereno v. NEDA, G.R. No. 175210, 01 February 2016. 30