The War on Drugs, spearheaded by former President Rodrigo Duterte, has come under intense scrutiny following the recent revelations of former Police Colonel Royina Garma. Her testimony unveils the deeply rooted corruption within the Philippine National Police (PNP), whose officers were transformed into agents of extrajudicial killings. Garma’s account reveals a broken system where lists of drug suspects were hastily compiled, often without verification or due process. Police officers were allegedly paid excessively to execute those on the list, and ambitious officers vied for opportunities to "neutralize" suspects to further their careers. Evidence, Garma attests, was manipulated or outright fabricated to justify these killings and arrests.
These practices, as described by Garma, were systemic and hierarchical. From the PNP National Headquarters to regional and provincial offices, target quotas for arrests and deaths were established. The pressure to meet these quotas led to the trampling of constitutional rights, including the right to due process, a fair trial, and the presumption of innocence. Evidence manipulation and false crime scene narratives further undermined the judicial process, casting serious doubt on the integrity of convictions secured during this period.
The Scope of the Duterte Drug War
Empirical data supports these claims. Between July 2016 and March 2022, government figures estimate that over 6,200 individuals were killed during anti-drug operations, though human rights groups estimate the true death toll to be significantly higher, possibly exceeding 30,000. Moreover, data from the Bureau of Corrections (BuCor) shows that more than 50,000 Persons Deprived of Liberty (PDLs) are currently imprisoned, with over half of them convicted for drug-related offenses. Many of these individuals, particularly low-level drug users and first-time offenders, were caught up in a judicial system that was compromised by falsified evidence and coerced testimonies.
The allegations of fabricated evidence are particularly concerning in the context of the Anti-Torture Act of 2009 (Republic Act No. 9745), which prohibits the use of torture or other coercive means to extract confessions or manipulate evidence. Yet, Garma’s revelations suggest that police officers were under extreme pressure to deliver results, even if it meant violating this law. Officers who failed to meet their quotas risked being demoted, transferred, or labeled as drug protectors themselves, further exacerbating the culture of fear and impunity within the force.
Judicial Complicity and Systemic Failures
The ramifications of this corrupted process extended to the prosecution and judiciary. Prosecutors, fearing political backlash or reprisal, often did not challenge the manipulated narratives presented by the police. This institutional silence effectively sanctioned the unlawful practices of the PNP. Judges, in turn, accepted evidence at face value, failing to scrutinize the legitimacy of the investigations or question the glaring inconsistencies in police reports. The judiciary, entrusted to act as a safeguard against abuses of power, thus became complicit in perpetuating a system that criminalized the vulnerable and rewarded corruption.
This failure of the judiciary can be measured by the thousands of individuals who are now serving life sentences based on questionable evidence. Many of these cases involved small-scale drug users or first-time offenders, who were subjected to the harshest penalties under the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165). Section 11 of this law mandates life imprisonment for possession of certain quantities of dangerous drugs, regardless of whether the person is a low-level user or a major trafficker. This disproportionate sentencing framework has only exacerbated the overcrowding crisis in the country's correctional facilities.
The Human and Institutional Costs
The consequences of this illegitimate war on drugs are not confined to the prison walls. Overcrowding in Philippine prisons has reached crisis levels, with some facilities operating at over 500% capacity. According to BuCor data, the New Bilibid Prison, the country’s largest correctional facility, houses over 28,000 inmates despite being designed for just 6,000. This overcrowding has resulted in inhumane living conditions, including limited access to healthcare, education, and rehabilitation programs. It has also created fertile ground for the spread of communicable diseases, as demonstrated by the high incidence of tuberculosis among inmates.
Furthermore, research in criminology underscores the “criminogenic” effects of imprisonment, particularly for first-time offenders. Studies show that incarcerating low-level, non-violent offenders alongside hardened criminals increases the likelihood of recidivism, as these individuals are exposed to more dangerous criminal elements within the prison environment. The Duterte drug war, by indiscriminately sweeping up first-time drug offenders and subjecting them to life sentences, has inadvertently created a breeding ground for future criminality, thus undermining its own stated goal of reducing crime.
The Path Forward: A Call for Judicial and Executive Action
Given these revelations, there is an urgent need for systemic reform. First, the Supreme Court should mandate an automatic review of all drug-related convictions from the Duterte era. This review must scrutinize the validity of the evidence presented, particularly in light of Garma’s testimony, and determine whether individuals were wrongfully convicted based on manipulated or fabricated information. An empirical audit of drug-related cases could be conducted in partnership with independent legal organizations, ensuring that the review is both thorough and impartial.
Second, the Office of the current President, Ferdinand Marcos, Jr should exercise its powers of executive clemency to commute the sentences of low-level drug offenders who have been unjustly imprisoned. According to data from BuCor, reducing the prison population by granting parole or conditional release to first-time offenders could significantly alleviate prison overcrowding and reduce the financial burden on the state. This measure would also restore the lives of those who have been wrongfully imprisoned, allowing them to reintegrate into society and contribute to their communities.
Finally, legislative reforms are needed to prevent future abuses. The Anti-Torture Act must be strengthened with more rigorous enforcement mechanisms, and the oversight functions of the Commission on Human Rights (CHR) must be expanded to ensure greater accountability within the PNP. In addition, the Comprehensive Dangerous Drugs Act should be amended to allow for more proportionate sentencing, particularly for low-level, non-violent drug offenders.
The Duterte drug war represents a dark chapter in the Philippines' criminal justice system—one that has inflicted untold harm on individuals, families, and institutions. The revelations of Police Colonel Royina Garma provide the necessary impetus for judicial and executive action to rectify the injustices that have been committed. By revisiting the convictions secured under this illegitimate war, the Philippines has the opportunity to restore faith in its judicial institutions, alleviate prison overcrowding, and pursue a more just and humane approach to drug enforcement.
Empirical data and legal frameworks point to the urgent need for reform, not only to correct past wrongs but to ensure that such abuses of power are never repeated. The future of the Philippine justice system—and the lives of thousands of incarcerated individuals—hang in the balance.
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