Reinforcing the Guidelines for the AFP and the PNP in the Implementation of Measures to Suppress and Prevent Lawless Violence

November 22, 2018

MEMORANDUM ORDER NO. 32

REINFORCING THE GUIDELINES FOR THE ARMED FORCES OF THE PHILIPPINES AND THE PHILIPPINE NATIONAL POLICE IN THE IMPLEMENTATION OF MEASURES TO SUPPRESS AND PREVENT LAWLESS VIOLENCE

WHEREAS, Proclamation No. 55 (s. 2016) declared a state of national emergency on account of lawless violence in Mindanao and called out the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to undertake all necessary measures to suppress any and all forms of lawless violence in Mindanao and prevent the spread and escalation thereof elsewhere in the country;

WHEREAS, Memorandum Order (MO) No. 3 (s. 2016) provided guidelines for the AFP and the PNP for an effective and expeditious implementation of the President's directive under Proclamation No. 55;

WHEREAS,a number of sporadic acts of violence have occurred recently in particular areas of the country, particularly in the provinces of Samar, Negros Oriental, Negros Occidental, and the Bicol Region, which appear to have been committed by lawless groups;

WHEREAS,there is a need to reinforce the directive of the President in order to prevent further loss of innocent lives and destruction of property and bring the whole country back to a state of complete normalcy as quick as possible;

WHEREAS,to ensure respect and protection of the fundamental civil and political rights of our citizens, there is a need to reiterate the measures that the AFP and PNP can undertake during the state of national emergency on account of lawless violence;

WHEREAS, Section 27, Chapter 9, Title III, Book III of Executive Order No. 292, otherwise known as the "Administrative Code of 1987," empowers the Executive Secretary to implement presidential directives, orders and decisions;

NOW, THEREFORE, I, SALVADOR C. MEDIALDEA,by the authority and order of President Rodrigo Roa Duterte, do hereby promulgate the following directives and guidelines to be observed during the subsistence of a state of national emergency on account of lawless violence: CAIHTE

SECTION 1. The salient provisions of MO No. 3 are herein reinforced and reiterated. Further, the Department of National Defense (DND) and the Department of the Interior and Local Government (DILG) shall coordinate the immediate deployment of additional forces of the AFP and PNP to suppress lawless violence and acts of terror in the provinces of Samar, Negros Oriental, Negros Occidental, and the Bicol Region, and prevent such violence from spreading and escalating elsewhere in the country.

SECTION 2. The AFP, PNP and the Department of Justice, in close coordination with each other and other law-enforcement agencies and with the assistance of the intelligence community, shall intensify their local and transnational intelligence operations against individuals or groups suspected of, or responsible for, committing or conspiring to commit acts of lawless violence in the Philippines, as well as the prompt investigation and prosecution of all individuals or groups apprehended for committing, or conspiring to commit, acts of lawless violence.

SECTION 3. All local government units are enjoined to give their full support and utmost cooperation to ensure the effective implementation of this Order.

SECTION 4. At all times, the constitutional rights of every individual shall be respected and given due regard by the AFP and PNP in the implementation of this Order. No civil or political rights are suspended during the existence of a state of national emergency on account of lawless violence. In particular, the AFP and PNP are enjoined to observe existing rules and jurisprudence in instances that may justify the implementation of warrantless arrests, searches and seizures, as well as ensure compliance with guidelines for police/military checkpoints and stop-and-frisk situations.

SECTION 5. Any AFP or PNP personnel found violating any of the foregoing constitutional rights shall be held administratively, civilly or criminally liable therefor.

SECTION 6. This Order shall take effect immediately.

Manila, November 22, 2018.

 

Published in the Official Gazette, Vol. 114, No. 49, p. 8153 on December 3, 2018.