A Philippine National Police memorandum circular on the ant-idrug war to be implemented under “Oplan Double Barrel” has been available to the public since July 2016, contrary to former PNP Chief Archie Francisco Gamboa’s claim that it was confidential.
Command Memorandum Circular No. 16 – 2016, signed by then PNP chief, now senator Ronald “Bato” Dela Rosa on July 1, 2016, was uploaded to the official page of the PNP’s Directorate for Investigation and Detective Management (DIDM) on July 1, 2016, according to Google search results.
The document, which provides the general guidelines, procedures and tasks of the PNP offices in implementing the anti-illegal drugs campaign plan, was first archived on Wayback Machine on Feb. 22, 2017.
Meanwhile, the DIDM page that lists the circular was first archived on Wayback Machine on July 26, 2016.
Gamboa, former PNP chief during the Rodrigo Duterte administration, told the Oct. 28 Senate committee hearing on the war on drugs at the 2:47:44 mark:
For your information, that plan that was presented is classified as confidential. There are limits to the access of that. Why? Because while it may not endanger national security, peace and order, and public safety, it might be prejudicial to the interest, prestige of national government activities. It may cause administrative embarrassment. It may cause unwarranted injury, and it may be advantageous to other nation. I am telling this because first and foremost, those documents are not supposed to be accessed by the public.
He was reacting to human rights lawyer Jose Manuel “Chel” Diokno’s testimony at the hearing during which he cited the PNP circular as a key reference when tracing the origin of the Duterte administration’s war on drugs.
Gamboa cited three laws that he said prohibit government employees from disclosing classified documents: Napolcom Circular 2016-002, Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 (Sec. 3), and the Code of Conduct and Ethical Standards for Public Officials or RA No. 6713 (Sec.7).
He said these three regulations emphasize the importance of upholding confidentiality in government to protect police operations and public safety.
During the hearing, Sen. Aquino “Koko” Pimentel III, chairperson of the Subcommittee on the Philippine War on Illegal Drugs, said no part of the memorandum circular was labeled confidential.
Gamboa responded:
The circulation is controlled…it’s supposed to be confidential. It (is) supposed to have a cover page and down below should be stated confidential. But probably, because the PNP already officially released it, that’s why they removed it.
The objective of the Oplan Double Barrel, as stated in the circular, is to “clear all drug affected barangays across the country, conduct no let-up operations against illegal drugs personalities and dismantle drug syndicates” through a two-pronged approach: Project Tokhang, focusing on house-to-house visitations of listed illegal drug users, and Project HVT (high-value target), focusing on anti-illegal drug operations targeting illegal drug personalities and syndicates.
From July 1, 2016 to May 31, 2022, the Philippine Drug Enforcement Agency reported 6,252 deaths and 345,216 arrests during the 239,218 anti-illegal drug operations conducted by the government.
The International Criminal Court initiated an investigation on the Duterte’s war on drugs campaign. As of Sept. 15, 2021, 1,530 individuals and 1,050 families were recognized as victims during the court’s victim representation process.
The Philippines withdrew from the Rome Statutes, ICC’s founding treaty, on March 17, 2019. (AS)