SC Assoc. Justice Jardeleza sees basis to issue TRO on ‘Oplan Tokhang ~Share

Arresting criminals and controlling criminality is a very difficult job. Before Rody Duterte became the President, criminality was practically out of control to the point that many people did not even bother reporting crimes to the police because most people felt it was futile and a complete waste of time.

When Duterte became President, the reduction of crime was immediately experience and there was a sense that the streets were safer.

Duterte always linked drugs with criminality and because TOKHANG went after the drug dependents and the pushers the crime rate dropped significantly.

But crime might once again increase if a TRO or temporary restraining order is issued and Supreme Court Associate Justice Francis Jardeleza sees a basis to issue TRO on ‘Oplan Tokhang’.



What is TOKHANG?

“Tokhang” – a combination of the Cebuano words “toktok” (to knock) and “hangyo” – is part of the PNP's Project Oplan Double Barrel.

Supreme Court Associate Justice Francis Jardeleza believes there’s a basis to stop “Oplan Tokhang,” the house-to-house visitation during which police pleads with suspected drug users to change their ways.

According to Jardeleza, “To my mind, and not examining the mass of facts presented by the petitioners, it seems to me there is a prima facie to issue a temporary restraining order against stage 3 [the CMC] on house-to-house visitation,”.

Petitioners are seeking to nullify the CMC, arguing that it has allowed constitutional rights violations by the police.



During the interpellation, Solicitor General Jose Calida tagged the house-to-house visitation as a display of the “bayanihan spirit,” because village officials would accompany police officers in their anti-crime campaign.

But Jardeleza said such act by the police could be considered coercive, because five to 10 police officers knocking at a suspect’s house, especially at night, would give the impression that a police precinct has been transported there.

“When the police under ‘Tokhang’ knock on the door, effectively they have invited themselves into the home of the suspect and that is a violation of the definition of custodial investigation,” Jardeleza said.

“If the police cannot invite you to the station, the police cannot under the same circumstances invite themselves into your home.”



“I am saying that as a matter of constitutional law [the provision on the house-to-house visitation] is crafted in such a manner that it violates RA 7438,” he added.

Republic Act No. 7438 is the law defining the rights of arrested or detained persons or persons under custodial investigation.

“The person is not secure in his house for any purpose and the avowed purpose which says to confront, even if I accept your formulation, which is to stop evil ways, is not the purpose allowed under the Bill of Rights,” Jardeleza pointed out.

If Supreme Court Associate Justice Francis Jardeleza has his way and a TRO on TOKHANG is issued, street crime can return and as the expression goes, "tapos na ang maliligayang araw natin".