Rare conviction for Tokhang killings underscores, not belies, rampant impunity
Let us set the record straight: the conviction of the four Caloocan City police officers is the culmination of a long and arduous struggle for justice within an entrenched architecture of impunity in the Philippines.
June 20, 2024
NUPL
The National Union of Peoples’ Lawyers is a nationwide voluntary association of human rights lawyers in the Philippines, committed to the defense, protection, and promotion of human rights, especially of the poor and the oppressed.

Let us set the record straight: the conviction of the four Caloocan City police officers is the culmination of a long and arduous struggle for justice within an entrenched architecture of impunity in the Philippines.

This conviction does not indicate that the criminal justice system is functioning effectively for the victims of the war on drugs. If it were, why is this case only the fourth out of the tens of thousands of killings to have resulted in a conviction? Why did victims have to seek recourse with the International Criminal Court to hold the chief architects accountable? Why were accused’s superior officers spared from the charges, which were downgraded to the lesser felony of homicide?

The private complainants, Mary Ann Domingo and her family, received no support from the State—from case buildup and evidence-gathering to trial. It was due to the tireless efforts of our NUPL-NCR lawyers, who had to secure the exhumation of the victims’ remains for a re-autopsy by forensic pathologist Dr. Raquel Fortun, that the police officers’ guilt was established beyond reasonable doubt. The Department of Justice (DOJ) showed no intention of prosecuting the case; in fact, Deputy City Prosecutor Darwin Cañete, who was supposed to advocate for the victims, did nothing to assist the private prosecutors and even testified for the defense.

Let us also not forget that during recent hearings before the Committee of Justice of the House of Representatives, former DOJ Secretary Menardo Guevarra admitted that human rights abuses were committed during anti-drug operations. However, he failed to satisfactorily explain why his agency did not determine “by means of competent evidence” the numerous allegations of rights abuses. The DOJ examined only 52 out of the officially acknowledged, but widely disputed 6,000 drug-related deaths—an abysmal performance that will, in the long run, haunt those responsible for perpetuating impunity among the perpetrators.

While this victory may be regarded as a small win, it kindles hope that the courage, resilience, and perseverance of our clients and lawyers will continue to fuel our relentless pursuit of justice.#

References:

Atty. Ephraim B. Cortez
NUPL President
+639172092943

Atty. Josalee S. Deinla
NUPL Secretary General
+639174316396

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