PRESIDENT Rodrigo Duterte has signed Memorandum Order (MO) 32, directing the immediate deployment of troops to Samar, Negros Oriental, Negros Occidental, and Bicol in an effort to thwart lawless violence and acts of terror in these areas.
Under MO 32, Duterte sent additional personnel of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) 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."
He issued the latest directive, citing the recent "sporadic acts of violence" that may have been committed by lawless groups in the provinces of Samar, Negros Oriental, Negros Occidental, and Bicol.
The President's signing of MO 32 also came amid the promulgation of a state of national emergency on the ground of lawless violence in war-torn Mindanao.
"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," the memorandum order read.
In 2016, Duterte inked Proclamation 55, declaring a state of national emergency on account of lawless violence in Mindanao and ordering the AFP and the PNP to undertake measures that will suppress all forms of lawless violence in the besieged region and prevent the spread and escalation in some parts of the country.
Also in 2016, Duterte signed MO 3, providing guidelines for the state forces to ensure effective and expeditious implementation of Proclamation 55.
MO 3 states that warrantless arrest will take effect only if an individual has "committed, is actually committing, or is attempting to commit an offense," is a "prisoner who escaped from a penal establishment," and has "voluntarily waived his rights against warrantless arrests."
MO 3 further provides that warrantless searches and seizures are allowed, if the person to be searched has voluntarily waived right against the search and seizure warrant, or if certain acts violate the laws, among others.
Duterte's MO 32 reiterated the directive to the AFP, the PNP, and the Department of Justice (DOJ), specified under MO 3, to step up 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 country.
The three agencies were also reminded anew to conduct a prompt investigation and prosecution of all nabbed individuals or groups for "committing, or conspiring to commit," acts of lawless violence.
The AFP, PNP, and DOJ were instructed to have close coordination with each other and other law enforcement agencies, as well as to ensure assistance from the intelligence community.
MO 32 also reiterated the provision under MO 3, enjoining all local government units to give their "full support and utmost cooperation" to ensure the effective implementation of Duterte's latest directive.
It likewise reminded the members of the AFP and the PNP once again to observe the constitutional rights of every individual "at all times" amid the implementation of MO 32.
Any AFP or PNP personnel found violating the individuals' constitutional rights would be held administratively, civilly or criminally liable, as specified both under MOs 3 and 32.
"No civil or political rights are suspended during the existence of a state of national emergency on account of lawless violence," MO 32 reiterated.
"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 or military checkpoints and stop-and-frisk situations," it added.
MO 32 was signed by Executive Salvador Medialdea, by order of the President, on Thursday, November 22.
A copy of MO 32 was released by MalacaƱang on Friday, November 23. (SunStar Philippines)