Intensification of Intelligence Operations
- The AFP and PNP must intensify intelligence operations, both local and transnational, targeting individuals or groups suspected or responsible for lawless violence.
- Operations may utilize duly appropriated budgetary funds designated for this purpose.
Coordination for Investigation and Prosecution
- The Department of Justice (DOJ) is instructed to closely coordinate with the PNP and other law enforcement agencies.
- The aim is the prompt investigation and prosecution of apprehended individuals or groups involved in lawless violence.
Support from Local Government Units
- All local government units (LGUs) are enjoined to provide full support and cooperation to ensure the effective implementation of the Memorandum Order.
Protection of Constitutional Rights and Limitations on Warrants
- Constitutional rights remain fully respected; no suspension of civil or political rights during the state of lawless violence.
- Warrantless arrests are limited to specific conditions:
- Offense committed in the presence of the arresting officer.
- Recent commission of offense with personal knowledge by the arresting officer.
- Escaped prisoners from confinement.
- Waiver of rights against warrantless arrest by the individual.
- Warrantless searches and seizures are similarly restricted to situations including:
- Consent or waiver by the person searched.
- Incident to lawful arrest.
- Search of vessels/aircraft for immigration/customs violations.
- Search of vehicles at borders for immigration or smuggling offenses.
- Plain view doctrine.
- Stop-and-frisk.
- Exigent/emergency circumstances.
- Checkpoint inspections are limited to non-intrusive measures (e.g., roll down windows, visual checks, ID and registration requests).
- No intrusive vehicle searches or demands without consent.
- Stop-and-frisk limited to light patting on outer garments strictly for weapon detection.
Accountability and Liability of AFP/PNP Personnel
- Any AFP or PNP personnel violating constitutional rights under this Memorandum Order shall face administrative, civil, and criminal liabilities.
Immediate Effectivity
- The Memorandum Order is effective immediately upon promulgation as per the authority of the President.