Case Summary (G.R. No. 247211)
Petitioner and Respondents
Petitioner: Christina Macandog Gonzales
Respondents: PCSupt. Tabian; PCSupt. Enong; PSupt. Gran; PInsp. Dogwe; SPO1 Cadag; PO2 Canilon; John Does (Antipolo CPS AIDSOTF & Provincial SOPU Team)
Key Dates
• March 2015 – Arrest of Christina and Joselito for drug use and sale; released after P50,000 payment.
• August 2015 – Single transaction of “batong-bakal” supplied by police via PO2 Canilon and Marlon Olaco.
• June 2016 – SPO1 Cadag supplied two bags of shabu; threats made against respondent.
• July 4–5, 2016 – Joselito leaves with a police confidential agent; subsequently killed in a buy-bust operation.
• February 17, 2017 – CA grants writ of amparo and interim protection in favor of Christina.
• November 26, 2018 – CA Decision recognizes extralegal killing and issues permanent protection order.
• August 1, 2022 – Supreme Court denies petition for review, affirms CA findings.
Applicable Law
• 1987 Philippine Constitution, Article III, Sections 1 and 2 (rights to life, liberty, security).
• Rule on the Writ of Amparo (A.M. No. 07-9-12-SC).
• Comprehensive Dangerous Drugs Act (R.A. No. 9165, as amended by R.A. No. 10640).
• PNP Criminal Investigation Manual (Revised 2011).
• Republic Act No. 6975 (National Police Commission’s control over PNP).
Factual Background
- Christina and Joselito’s prior arrest in March 2015 and subsequent release on payment established rapport with police officers.
- In August 2015, PO2 Canilon and Olaco supplied Joselito with illegal drug “batong-bakal” on consignment.
- In June 2016, SPO1 Cadag and driver Paulo Austria delivered two more bags of shabu and threatened that “police can kill women.”
- Police visits in June 2016 included a failed house search and extortion attempt (demanding P1,000).
- On July 4, Christina’s mother saw Joselito leave with Christian Raye “Ian” Cleopas, a police confidential agent; Joselito feared being shot.
- July 5, 2016 – A buy-bust operation led by PInsp. Dogwe and PSSupt. Garcia resulted in Joselito’s death by multiple gunshot wounds; no clear evidence of legal procedure compliance.
Court of Appeals Findings
• Recognized Joselito’s death as extralegal killing.
• Declared PInsp. Dogwe, PO2 Canilon, and John Doe operatives responsible for killing.
• Held PCSupts. Tabian, Enong, PSupt. Gran (and successors) accountable for procedural lapses and supervisory failures.
• Found SPO1 Cadag and PO2 Canilon responsible for threats against Christina’s life and security.
• Recommended filing of civil, criminal, and administrative cases against responsible officers.
• Issued permanent protection order preventing respondents and agents from approaching Christina within one kilometer.
Issue on Appeal
Whether the Court of Appeals erred in (a) finding an extralegal killing of Joselito P. Gonzales, and (b) holding petitioners liable under the writ of amparo.
Legal Analysis: Writ of Amparo Standard
• The writ protects rights to life, liberty, security against unlawful acts or omissions by public officials.
• Extralegal killing: deprivation of life without due process (Mayor Mamba v. Bueno).
• Petitioners must establish threats or violations by substantial evidence, viewed in totality.
Analysis of Evidence and Procedure
• Police reports (SOCO, Investigation Report) lacked identities of poseur-buyers, backup, and clear operation details.
• No documentary or testimonial account showing who fired first or complied with R.A. 9165 procedures (e.g., inventory in presence of witnesses).
• Inconsistencies: team leader misidentification, absence of pre-ops coordination, missing spot reports, no marked money record, scant location details.
• Threats to respondent corroborated by prior extortion demands, direct warnings (“we can kill women”), and suspicious persons at the wake.
• Procedural lapses negated presumption of regularity and cast doubt on legitimacy of buy-bust, satisfying prima facie Amparo threshold.
Duty to Investigate and Accountability
• Under the Amparo Rule and Secretary of National Defense v. Manalo, the State has a positive obligation to investigate extralegal killings with “extraordinary diligence.”
• Superior officers (Tabian, Enong, Gran) failed to ensure compliance with PNP Investigation Manua
Case Syllabus (G.R. No. 247211)
Antecedents
- The original Amparo petition named ten respondents, including the President, DILG Secretary, PNP Director General, regional and provincial PNP officers, members of the Antipolo CPS AIDSOTF, and John Does.
- In March 2015, Christina and her husband Joselito were arrested for illicit drug use and sale by PO2 Canilon and Marlon Olaco; they were released after paying ₱50,000.
- In August 2015, Olaco supplied Joselito with batong-bakal for resale; the spouses failed to remit full proceeds.
- In 2016, Joselito met Paulo Austria, who introduced him to SPO1 Cadag of the Antipolo police—Cadag assured protection from arrest in exchange for selling batong-bakal.
Factual Background
- June 2016: Austria and SPO1 Cadag delivered two bags of shabu worth ₱16,000 to Christina, warning that they could kill women if sales proceeds were not remitted.
- Police visits in June 2016:
- First visit by PO2 Canilon and Olaco: house search yielded no drugs; they requested ₱1,000 for gasoline.
- Second visit: officers threatened to kill Joselito upon arrest.
- July 4, 2016: Joselito remained home sick; Christina received calls from Christian Raye “Ian” Cleopas, a supposed police confidential agent.
- Joselito left with Cleopas for a supposed work job; he wore only shorts and a sando, stating “They will just shoot me anyway.”
- July 5, 2016: news of a police-civilian shootout near White Cross, Taktak; Joselito’s body was identified at Heaven’s Gate Funeraria by Christina and barangay officials.
- During the wake, relatives observed suspicious individuals asking for Christina and surveilling the funeral convoy; Christina went into hiding, fearing further harm.
Police Version of the July 5 Incident
- A joint AIDSOTF–PSOU buy-bust operation was conducted against alias “Tulis” (later identified as Joselito) in Brgy. Dela Paz, Antipolo City, at around 9:30 p.m.
- According to P/Insp. Dogwe and PS/Insp. Garcia, the poseur-buyer was discovered by Joselito, who fled and allegedly fired at police; police returned fire, resulting in his death.
- An After-Scene of the Crime Operations (SOCO) Report (July 6, 2016) and an Investigation Report (July 15, 2016) by SPO4 Voluntad, noted by PS/Supt. Gran, concluded that police acted in self-defense against unlawful aggression by “Tulis.”
Procedural History
- February 17, 2017: The Court of Appeals granted Christina’s P