Human rights lawyer Chel Diokno and Sen. Bato dela Rosa clashed on the police interpretation of "neutralization" of drug suspects during the Senate's drug war probe on Oct. 28, 2024. Senate livestream

MANILA — What does the Philippine National Police (PNP) mean when they used the terms "neutralize" and "negate" in the context of the Duterte administration's bloody war on drugs?

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Armed with classified documents, interviews with victims, and corroboration with other police records, human rights lawyer Chel Diokno showed the Senate Blue Ribbon sub-committee that the Duterte drug war might have had a policy of killing drug suspects. 

During the first day of the Senate's drug war probe — held in parallel to an inquiry at the House — Diokno presented the PNP's Command Memorandum Circular No. 16-2016 issued on July 1, 2016 by then-PNP chief Ronald "Bato" dela Rosa, defining the framework of the Oplan Double Barrel.

"Ang kampanya kontra ilegal na droga ng administrasyong Duterte ay hindi lang basta-basta nagmula sa kalsada at barangay. Ang pinagmulan ng war on drugs ay isang utos o command na galing mismo sa pinakamataas na opisyal ng PNP," said Diokno, referring to now-senator Dela Rosa.

(The anti-drug campaign of the Duterte administration did not just come from the street. It started from an order or command from the highest official of the PNP.)

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Diokno said the circular marked a transformation in the government's approach on illegal drugs as it introduced the terms "neutralization" and "negation" of drug suspects.

"Anong pinagkaiba ng Oplan Double Barrel sa dating drug war? Dalawa po, unang una may utos sa loob ng command circular na mag-neutralize at mag-negate ng mga suspected illegal drug personalities... Ikalawa, ang utos ay gumamit ng drug list para linisin ang mga sangkot umano sa ilegal na droga," Diokno said.

(How different was Oplan Double Barrel? Two things, there was an order to neutralize and negate suspected drug personalities and there was an order to use a drug list to to clean up people allegedly involved in illegal drugs)

With no legal definition, Diokno said the "neutralize" and "negate" were freely interpreted by the PNP. 

"Kumbaga, bahala na sila magpasya kung ano ang ibig sabihin nito," he said. 

(Basically, what it meant was up to them)

Analyzing how the PNP interpreted the terms, Diokno cited statements from previous police officials saying the term meant "killing" drug suspects. 

"Ayon mismo sa PNP spokesperson noong 2016, ang ibig sabihin ng neutralized ay pinatay o killed," Diokno said.

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Diokno's Free Legal Assistance Group (FLAG) also had at least 20 police reports that "contain almost identical use of the word 'neutralize' in buy-bust operations where the alleged suspect was killed dahil 'nanlaban' daw sila." 

Sen. Risa Hontiveros said the killing spree of drug suspects was also encouraged by the "perverse incentive" system supposedly by the government itself.

"Pag aresto walang reward, pero pag napatay, may incentive," she said.

(There is no reward for arrests but an incentive for kills)

DEFINITION BY GOOGLE

But Dela Rosa accused Diokno of misinterpreting the term "neutralize" and even read out a definition he looked up online.

"If I would give you the Google meaning of neutralize, ito po ang sabi: 'Render something ineffective or harmless by applying ang opposite force or effect.' So anong ibig sabihin nyan? Yan ang sinasabi mong negation operation," Dela Rosa said.

(So what does that mean? That is what you are saying is a negation operation)

Visibly riled up, Dela Rosa accused Diokno of being a "know-it-all."

"Gusto mong magpulis-pulisan eh, gusto mo i-insist yung talagang gusto mong meaning eh. Yung negation operation ay pagko-conduct ng operation against the suspect. Pwede mo syang maaresto, filean mo ng kaso, para makulong at hindi na sya mag-commit ng further crime," Dela Rosa said.

(You like playing cop. You want to insist on your defintion. But a negation operation can be through arrest, or filing a case to put them in jail and to keep them from committing more crimes)

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He then admitted that drug operations may inevitably have ended in killings if the suspects fought back. 

FORMER PNP CHIEF AGREE

Former PNP chiefs Archie Gamboa and Debold Sinas also came to Dela Rosa's defense and opposed Diokno's presentation.

"It does not mean pag sinabing neutralize, ang sinasabi namin sa tao sa baba ay patay," Sinas said.

(When we say neutralize, we are not telling our subordinates to kill)

He said that police officers are expected to "stop [the suspect's] operation, stop the aggressions on equal force just enough to neutralize them."

While official government data said 6,181 people were killed in Duterte's war on drugs, several rights group believed up to 30,000 may have been killed, some innocent victims, and that corruption was allegedly rife among security forces that acted with impunity.

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