Friday, September 23, 2016

Sample reply of homeowners association to police commander re implementation of Operation Tokhang in a subdivision

Draft reply to PCP No. __ commander

Homeowners Association Letterhead



Police Senior Inspector
PCP No. ___ Commander
__________ St.
Brgy. ______,  _______ City



In re: the abovementioned subject matter in respect of your letter, dated _________, a copy of which is attached as Annex “A” hereof, addressed to our homeowners association, may we respectfully state the following:

1. For the record, our homeowners association respectfully manifests that is supports the present peace and order/anti-drug campaign of the government which your office is now implementing.

2. In re: your request to implement “Operation Tokhang” inside our subdivision by conducting a police visitation in our subdivision, we respectfully request that you formally state in writing in a letter addressed to our board of directors the official

· terms,
· conditions, and 
· parameters thereof

to insure that the applicable human rights laws, the Rules of Criminal Procedure, the PNP Manuals of Operations, the Dangerous Drugs Board (DDB) board regulations, and the Bill of Rights of the 1987 Constitution are properly complied with for the protection of the constitutional and human rights of our members, particularly the 

· right to privacy, 
· right to personal security and peace of mind,
· right against self-incrimination or to remain silent, 
· right against illegal search, seizure and arrest without judicial warrants, 
· right to counsel, 
· right to due process of law, 
· right to equal protection of the law, and 
· other constitutional rights enshrined in Art. III of the 1987 Constitution (Bill of Rights).

3. With due respect, our board of directors is not in a position to provide you with a “list” of alleged drug “suspects” (users or pushers), as you requested in your aforementioned letter, considering

· that such an act is not a part of our legal and corporate duties as a private homeowners association, 

· that our homeowners association is not a part of the law enforcement and intelligence structures of the government and has no intention to be a part of the local law enforcement or police intelligence structure of our city, 

· that the said act is an official duty that properly belongs to Barangay ________ and its security and intelligence personnel, pursuant to the 1991 Local Government Code,

· that it is not fair to our homeowners to implicate and accuse any one of them of any crime without giving them the opportunity to be heard, pursuant to their constitutional rights to due process of law, equal protection of the law, to be presumed innocent, and against self-incrimination,

· that for us to issue to you an official list of drug “suspects” in our subdivision, as you have requested, based on unverified and unconfirmed rumors, raw and invalidated intelligence reports and community gossips is unfair and unjust to the parties named, shamed and accused in such list and the said act may be interpreted as an abusive, libelous, slanderous, incriminatory, wrongful, and tortuous act on the part of our board of directors,

4. It is respectfully suggested that you or your duly authorized representative (with commissioned officer rank) first meet with our board of directors and the council of elders of our homeowners association at our clubhouse on such a date and at such a time that are mutually convenient to all of us, preferably in the evening considering that all of us are employees or businessmen. 

For this purpose, you may contact the undersigned lead officer of our homeowners association assigned to coordinate with you on this matter and to arrange the suggested meeting:

Home Tel. #
Mobile #

5. Rest assured of the full cooperation of our homeowners association, provided, the Constitutional and the applicable laws and rules are duly complied with to protect the constitutional and human rights of our members. 

Thank you.

Very truly yours,


Assisted By:

Pro Bono Counsel for __________ Homeowners Association, Inc.
Unit 15, Star Arcade, C. V. Starr Ave., Philamlife Village
Las Pinas City 1740
Tel/Fax Nos. 8725443 and 8742539


Pro Bono Legal Adviser,
_______________ Homeowners Association, Inc.