Question & AnswerQ&A (MEMORANDUM ORDER NO. 3)
The Memorandum Order No. 03 provides guidelines for the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) in implementing measures to suppress and prevent lawless violence during the state of national emergency declared in Mindanao.
President Rodrigo Roa Duterte declared the state of national emergency on September 4, 2016, under Proclamation No. 55 due to lawless violence in Mindanao.
The Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) are the primary agencies responsible for suppressing lawless violence.
The Department of National Defense (DND) and the Department of Interior and Local Government (DILG) are instructed to coordinate the immediate deployment of additional AFP and PNP forces in Mindanao and other parts of the country as needed for deterrence and quick response, focusing on major streets, malls, and train stations without causing undue public alarm.
No civil or political rights are suspended during the existence of a state of lawless violence, and these rights must always be respected by the AFP and PNP.
Warrantless arrests can be made when: (i) the offense is committed or attempted in the presence of the arresting officer; (ii) the officer has personal knowledge that the person committed the recently committed offense; (iii) the person is an escaped prisoner; or (iv) the person has voluntarily waived their right against warrantless arrests.
Warrantless searches and seizures are limited to: consented searches; searches incident to lawful arrest; searches of vessels and aircraft for immigration/customs violations; searches of automobiles at borders for such violations; objects in plain view; stop-and-frisk situations; and searches based on exigent/emergency circumstances.
At checkpoints, inspection is limited to requesting vehicle windows to be rolled down, searching for things in plain view, and checking identification and vehicle registration papers. More intrusive actions like opening trunks or asking passengers to step out require consent.
AFP or PNP personnel who violate constitutional rights shall be held administratively, civilly, and criminally liable.
The DOJ is tasked to closely coordinate with the PNP and other law enforcement agencies for the prompt investigation and prosecution of individuals or groups apprehended for committing or conspiring to commit lawless violence.