Title
Guidelines for AFP, PNP on lawless violence
Law
Memorandum Order No. 3
Decision Date
Aug 19, 2022
The Philippine law, Memorandum Order No. 3, provides guidelines for the deployment of additional forces, intensification of intelligence operations, and coordination for investigation and prosecution to suppress lawless violence and protect constitutional rights in the country.
A

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.

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