REPORT ON INVESTIGATED KILLINGS
IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN
CHR Regional Office obtained police documents from the local police station that
conducted the alleged buy-bust. However, the Provincial Criminal Laboratory Office (PCLO)
refused to provide a copy of the Autopsy Report pursuant to Section 11-2 Control of SOCO
Reports, Photographs, and other Related Records of the Revised Crime Laboratory Scene of
Crime Operation Manual (June 2014). In its letter dated 17 July 2018, the acting chief of
Quezon PCLO explained that a formal request should be submitted to then PNP Chief
Director General Oscar Albayalde for approval of the release of forensic documents.
In other instances, despite the refusal or inaction of the PNP, the Commission received
copies of police reports from the victims’ families. There were also instances that police
officers allowed CHR investigators to check the blotter record and jot down details. Other
police documents were also gathered upon the submission of the Respondent-police
officers of their counter-affidavits.
In a September 2021 report, the Commission has already noted the uncooperativeness
of the PNP in investigations conducted in the National Capital Region, Central Luzon, and
CALABARZON. Such refusal to access police documents continued to hamper the
Commission’s investigations into the possible human rights violations perpetrated by law
enforcers and other persons sanctioned by the State. It has also interfered in the
monitoring of the police’s compliance with human rights laws and international covenants.
A CHR Regional Office aptly described in one of its resolution such denial of access as
indicative of the “failure or unwillingness from the state authorities to prevent, investigate,
or prosecute the same. Their refusal to provide the said documents impeded the proper
investigation of the case."94
6.2. Internal investigations into police operations
resulting to death
Republic Act (RA) No. 6975, as amended by the Philippine National Police Reform and
Reorganization Act of 1998,95 mandates the Internal Affairs Service (PNP-IAS) to
automatically investigate motu proprio, among others, “incidents where death, serious
physical injury, or any violation of human rights occurred in the conduct of a police
operation.”96 This was reiterated in Rule 6 of NAPOLCOM's Memorandum Circular No. 2016002.97 Documents as to these motu proprio investigations were however not made available
to CHR.
94
CHR IV-A 2019-0115.
95
Republic Act No. 8551, available at https://www.lawphil.net/statutes/repacts/ra1998/ra_8551_1998.html
96
RA No. 8551, Section 39(b),.
97
Section 1, Rule 6, Internal Affairs Service. Authority to Conduct Motu Proprio Investigation – “The IAS shall conduct motu proprio
investigation on the following cases:
a.
Incidents where a police personnel discharges a firearm;
b.
Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of police operation;
c.
Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;
d.
Incidents where a suspect in the custody of the police was seriously injured;
e.
Incidents where the established rules of engagement have been violated.”
32