00:00De La Rosa issued a pre-drafted command circular, No. 16 of 2016, on 1st of July of that year,
00:11formally launching the anti-illegal drugs campaign nationwide in express pursuance of Duterte's campaign promises.
00:23There is no dispute that CMC No. 16 of 2016 mentions Project Double Barrel,
00:33which was indeed modelled after Davao City's policing strategy
00:38and was directed at the neutralisation of illegal drug personalities nationwide.
00:46But here we come to the crux of the prosecution case.
00:51The manifestation of the criminal plan in writing.
00:59Neutralisation as a euphemism for murder.
01:05Ms. Robin Croft certainly thought so when making her submission on behalf of the prosecution,
01:11highlighting the word in bright red.
01:13I'm presenting us with a slide where the word neutralisation forms an integral element of the common plan.
01:24To import an element of criminality into what would otherwise be a perfectly anodyne legal document,
01:34the prosecution resorts to relying on speeches and interviews given by Ronald De La Rosa Bato
01:44within a day or two of him being appointed the chief of Philippine National Police.
01:51For example, in an interview relied on by the prosecution at footnote 136 of the pre-confirmation brief,
02:04De La Rosa explains how Tok Hang means knock and plead,
02:10and that it is a totally legitimate police strategy.
02:17However, the citations relied on by the prosecution
02:21to infer that Tok Hang was a criminal modus operandi
02:27are completely taken out of context.
02:31I shall just cite one question and answer from the media interview
02:37on which the prosecution relies at paragraph 27
02:41to prove that De La Rosa,
02:45when talking about instilling fear,
02:49instilling fear in the hearts of drug users,
02:53was actually proposing a policy
02:55which was anything but criminal
02:59and totally supportive
03:00of the main tenet of the defence,
03:03namely, that the only use of force
03:06would be that envisaged by way of self-defence.
03:12And I quote,
03:13question,
03:16Sir,
03:17you mentioned about instilling fear.
03:20When you instill fear,
03:23how do you ensure
03:24that you do not violate human rights?
03:29Answer.
03:30Good question.
03:33We will see to it
03:34that the police operational procedures
03:37are being followed
03:38in every legitimate police operations.
03:42When they see
03:44that the police are really determined
03:47to go for them,
03:49legally,
03:51legally,
03:52he stresses the word,
03:54and many of them go down,
03:56maybe they'll get scared.
04:00That's PHL,
04:02OTP,
04:03000,
04:0616403,
04:07at page 13.
04:11In any event,
04:13what the prosecution has not told you,
04:16and what it has not shown you,
04:18by way of its opulent images
04:21on the video screen,
04:23is that the supposed criminal blueprint
04:26set out in Command Circular 2016,
04:31number 16 of 2016,
04:34is totally negated
04:36by the content of the document itself.
04:39Let us take a look
04:41at paragraph 8E and F
04:44of the very same Command Circular,
04:47number 16,
04:48of 2016,
04:51which states quite clearly
04:53that all operations
04:55should strictly observe
04:57the rights of the accused
04:59enshrined
05:00in the Philippine Constitution,
05:03as well as international law
05:06and human rights.
05:13I ask you,
05:16did Mr. Edward Jeremy,
05:19counsel for the prosecution,
05:21in his very eloquent
05:22and gilded address,
05:24not screen this part
05:26of the Command Circular?
05:30After all,
05:31this Command Circular,
05:34as elaborated by Ms. Robin Croft,
05:36was the very essence
05:38of his criminal common plan,
05:40in writing.
05:43This is the basis,
05:44so Mr. Jeremy stated,
05:46for the criminal agreement
05:47to kill high-value targets.
05:51And if that were not enough,
05:56the lawfulness
05:59of Command Circular 16,
06:01of 2016,
06:03was reiterated
06:04three weeks later,
06:05on 22 July,
06:08through the initiation
06:09and issuance
06:10of PNP investigative directive
06:12number 12,
06:14of 2016,
06:16which set out
06:17additional policies
06:18and guidelines
06:19in the conduct
06:21of double barrel.
06:22I think there,
06:24Madam President,
06:24if I may,
06:25we can take a break,
06:27obviously,
06:27with your permission.
06:30Bien sûr,
06:31Maître,
06:31je vous remercie,
06:32Catherine,
06:32je vous remercie beaucoup.
06:33Thank you,
06:34Council.
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