MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Memorandum Order No. 37, October 12, 2001 ]

PROVIDING FOR THE FOURTEEN PILLARS OF POLICY AND ACTION OF THE GOVERNMENT AGAINST TERRORISM

WHEREAS, the September 11, 2001 terrorist attacks against the United States of America brought to the fore of international consciousness the threat of terrorism;

WHEREAS, since the September 11, 2001 terrorist attacks, the directions and parameters of the global war against terrorism have begun to take shape;

WHEREAS, as a Charter Member of the United Nations and as part of the international coalition against terrorism, the Philippine Government (Government) must actively implement the United Nations Security Council Resolution No. 1368 (UNSC Resolution No. 1368) adopted on September 12, 2001;

WHEREAS, Paragraph 3 of UNSC Resolution No. 1368 calls on all states to work together urgently to bring to justice the perpetrators, organizers and sponsors of the terrorist attacks against the United States and stresses that those responsible for aiding, supporting or harboring the perpetrators, organizers and sponsors of these acts will be held accountable;

WHEREAS, Paragraph 4 of UNSC Resolution No. 1368 calls on the international community to redouble their efforts to prevent and suppress terrorist acts;

WHEREAS, consistent with the Philippine Constitution and other laws, the Government is prepared to participate in the international struggle to prevent and suppress terrorist acts;

WHEREAS, the impact of our involvement in the war against terrorism will not be measured by our contributions to the international coalition alone. To a greater degree, it will be measured by our own achievements in defeating terrorism in our own territorial boundaries;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

ARTICLE I

The following measures shall be taken by the Government in connection with its commitment to cooperate in the international struggle against terrorism:

1. Join the international counter-terrorist coalition and work with the United Nations;

2. Work closely with the United States on intelligence and security matters concerning terrorism;

3. Make available Philippine airspace and facilities if the latter are required as transit or staging points;

4. Contribute logistical support in the form of food supplies, medicine and medical personnel;

5. Subject to the concurrence of the Philippine Congress, provide combat troops if there is an international call for such troops; and

6. Prevent the flow of funds to terrorist groups in accordance with the Anti-Money Laundering Act of 2001 (Republic Act No. 9160) and other laws.

ARTICLE II

The Government reiterates its commitment to prevent and suppress terrorism in all forms within the territorial boundaries of the Philippines.

ARTICLE III

The Government adopts the following policies and shall undertake the following actions pursuant to its commitments under Articles I and II herein:

1. Supervision and implementation of policies and actions of the Government against terrorism. The Cabinet Oversight Committee on Internal Security (Cabinet Oversight Committee), headed by the Executive Secretary, shall oversee and supervise the implementation of the policies and actions of the Government against terrorism as set forth herein. All special committees, task forces and work groups bearing related responsibilities shall be placed within the ambit of the Cabinet Oversight Committee. The Cabinet Oversight Committee is authorized to call upon any department, agency or office of the Government to support its functions and responsibilities.

2. Intelligence coordination. The National Security Adviser shall undertake a special intelligence coordinating project to consolidate all covert or overt, domestic or international, sources of information relevant to the policies and actions of the Government against terrorism as set forth herein. Such consolidated intelligence will be shared within the Cabinet, with Congress, with the allies of the Government in the international coalition against terrorism and with the media, as called for by the situation.

3. Internal focus against terrorism. With the support and active participation of all local government units down to the Barangay level, non-governmental organizations and private citizens, the Armed Forces of the Philippines and the Philippine National Police shall perform all acts necessary to prevent and suppress all lawless violence engendered by the terrorist threat.

4. Accountability of public and private corporations and personalities. The Department of Interior and Local Government and the Securities and Exchange Commission shall conduct an inventory of all public or private corporations and personalities reasonably suspected of working as fronts of terrorists or of involvement in terrorist activities or in aiding and abetting terrorists. Information obtained by the Department of Interior and Local Government and the Securities and Exchange Commission shall be made available to the relevant government agencies. The Department of Interior and Local Government and the Securities and Exchange Commission shall institute all necessary legal proceedings to suppress the activities of such public and private corporations and personalities.

5. Synchronizing internal efforts with global outlook. The Department of Foreign Affairs shall fast track a regional consensus in the war against terrorism, starting with Indonesia and Malaysia and extending to the larger community of Asean nations.

6. Legal measures. The Department of Justice shall anticipate all legal issues and concerns relating to the policies and actions of the Government against terrorism as set forth herein. For this purpose, the Department of Justice shall set up a team to serve the special requirements of the campaign against terrorism, including the speedy prosecution, deportation and extradition of suspects, in accordance with the provisions of the Constitution and relevant laws.

7. Promotion of Christian and Muslim solidarity. The Presidential Adviser on the Peace Process shall undertake all actions necessary to forge religious understanding, ecumenism and solidarity, including but not limited to pursuing broader inter-faith dialogues.

8. Vigilance against the movement of terrorists and their supporters, equipment, weapons and funds. All law enforcement agencies shall exercise the strictest vigilance against the movement of persons reasonably suspected of involvement in terrorist activities or reasonably suspected of aiding and abetting terrorists. The Bureau of Immigration shall guard against the entry of such individuals.

All law enforcement agencies shall likewise exercise the strictest vigilance against the movement of all firearms, explosives, raw materials of explosives, toxic materials and biological materials. Funds and other financial resources of individuals, corporations, associations and organizations reasonably suspected of involvement in terrorist activities or of aiding and abetting terrorists shall be investigated by the appropriate government agency in accordance with the Anti-Money Laundering Act of 2001 (Republic Act No. 9160) and other laws and established rules and procedures.

9. Contingency plans. The National Disaster Coordinating Center shall formulate contingency plans to be implemented in case of catastrophic terrorist attacks, however remote this may be.1aшphi1

10. Comprehensive security plans for critical infrastructure. In coordination with other responsible departments and agencies of the government and with the private sector, the Cabinet Oversight Committee shall prepare a comprehensive security plan for critical infrastructure which shall include, without limitation, power plants, power transmission and distribution facilities, oil and gas depots, key public works structures, vital communications installations, public and private buildings and other facilities in the center of commerce and industry.

11. Support of overseas Filipino workers. Recognizing that the interest of overseas Filipino workers are paramount, the Department of Foreign Affairs and the Department of Labor and Employment shall support their immediate transfer out of harms way in the event of tactical contingencies anywhere in the world.

12.Modernization of the Armed Forces of the Philippines and the Philippine National Police. The modernization of the Armed Forces of the Philippines and the Philippine National Police must take into consideration the current and emergent needs to contain the global terrorist threat. Subject to the approval of the President, the Secretary of the Department of National Defense and the Secretary of the Department of Interior and Local Government shall submit their proposals for the redeployment of the funds of the Armed Forces of the Philippines and the Philippine National Police in order to support the policies and actions of the Government against terrorism as set forth herein. If necessary, the President shall submit the proposals to Congress.

13. Media support. For the purpose of obtaining the support of media in (i) implementing the policies and actions of the Government against terrorism as set forth herein; (ii) enlightening the public of the rationale behind said policies and actions; (iii) promoting consensus and constructive criticism; (iv) depriving terrorists of the benefits of glorified coverage and publicity; and (v) maintaining calm, sobriety, prudence and solidarity in our society, the Office of the Press Secretary shall maintain close and constructive contact with media and arrange periodic briefings to inform the media of any developments in the policies and actions of the Government against terrorism as set forth herein.

14. Political, social and economic measures. The National Anti-poverty Commission shall undertake an in-depth study of the spawning grounds of terrorism in the country and recommend concrete and workable political, social and economic measures to act upon the perceived roots of fanaticism and irrational violence.

ARTICLE IV

All issuances and authorizations not consistent with this Memorandum Order are hereby modified or repealed.

ARTICLE V

This Memorandum Order shall take effect immediately upon approval.

Manila, October 12 2001.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) ALBERTO G. ROMULO
Executive Secretary


The Lawphil Project - Arellano Law Foundation