Memorandum Circular No. 461




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 461, April 27, 1971 ] PRESCRIBING GUIDELINES IN THE EMPLOYMENT OF THE ARMED FORCES OF THE PHILIPPINES (AFP) IN CIVIL DISTURBANCE CONTROL OPERATIONS, AND LOCAL LAW ENFORCEMENT WHEREAS, the emergence of activism and more violent demonstrations, rallies, strikes or riots, collectively referred to as civil disturbance, in major centers of population can cripple government operations and disrupt essential public services; WHEREAS, the national government, while aware that the maintenance of peace and order in the locality is a primary responsibility of the local government, is equally cognizant of the fact that civil disturbance, national crisis, especially when accompanied by subversive efforts designed to instill fear, panic and uncertainty among the populace; WHEREAS, the Armed Forces of the Philippines has the capability to stabilize the situation/situations in critical areas beset by civil disturbance; WHEREAS, the Constitution authorizes the employment of the Armed Forces of the Philippines by the President to insure that laws are faithfully executed and/or to prevent or suppress lawless violence, insurrection or rebellion regardless of legislative restrictions such as the grant of exclusive police jurisdiction to police force of some chartered cities; NOW, THEREFORE, the following guidelines and concepts to govern the employment of the Armed Forces of the Philippines in the civil disturbance control operations and local law enforcement functions, are hereby prescribed: 1. The maintenance of peace and order within a political subdivision is the inherent responsibility of the local government concerned.7!ᕼdMᗄ7 2. Armed Forces employment in civil disturbance situations shall, as a general rule, be limited to assistance in support of local police authorities in any of the following instances as may be authorized by the Secretary of National Defense; a. Upon request of local authorities when in their assessment the civil disturbance has escalated to such a degree that the police department on its own could no longer cope with the situation.1âшphi1 b. Even without any such request from the local civil authorities, whether it be a city whose charted does not provide for exclusive police jurisdiction or a municipality, if the assessment of the Armed Forces of the Philippines clearly allows the patent inability of the local police force concerned to cope with the situation. 3. The AFP, as an exception to the general rule, shall assume a primary role in the conduct of civil disturbance control operation, with the local police forces actively assisting, even when not requested by local civil authorities in the case of cities whose charter provide exclusive police jurisdiction, under any of the following circumstances: a. When the President has called out the AFP to execute the laws and/or prevent or suppress lawless violence, invasion, insurrection, or rebellion under the Constitutional authority (City Mayor of Tacloban et al v. Chief of Constabulary, GR No. L-20346, Oct. 31, 1967 citing Art. VII, Philippine Constitution). b. When the Secretary of National Defense pursuant to Presidential authorization takes necessary, prompt, vigorous action by employing the Armed Forces to the extent warranted by the situation and as may be necessary to uphold the Constitution and defend the Republic of the Philippines, restore law and order, and/or protect life and property, if it is evident that the civil disturbance obtaining is beyond the capability of the local government to control, threatens the stability of the duly constituted authorities, and/or disrupts essential public services. 4. When the situation, as assessed by the Peace and Order Coordinating Council, shows an alarming incidence of crime which indicates the inability of the local peace enforcement agency/agencies to cope with the crime situation, and in line with the Presidential directive dated May 26, 1970, the Philippine Constabulary may be ordered by the Secretary of National Defense to wage sustained police operations in the affected area to afford security to the people and property and to uphold respect for the law. 5. Under all circumstances, the AFP shall retain full operational control and disposition over its (AFP) elements, in coordination with the local government concerned, under such regulations as the Secretary of National Defense prescribe. 6. When peace and order is restored after assuming the primary role in the conduct of civil disturbance control operations, the AFP shall relinquish responsibility for the maintenance of peace and order to the local civil authorities. 7. The participation of elements of the AFP envisaged above need not be predicated on the actual attendance of violence or of imminent threat thereof nor shall it be limited to active anti-riot control measures. It shall include the installation of continuing, preventive measures in coordination with the local civil government concerned, designed to forestall the escalation of situations into proportions that will be seriously inimical to public order and safety in the locality concerned. 8. Cooperation and assistance of local civil authorities shall be sought whenever practicable. For this purpose prior notice shall be given to local civil authorities of impending AFP operations in the affected area except in cases where time constraint or security requirements preclude such notice. 9. Utmost care shall be taken to avoid arbitrary action and Constitutional safeguards shall always be observed and upheld. By authority of the President: (SGD.) ALEJANDRO MELCHOR Executive Secretary Manila, April 27, 1971 The Lawphil Project - Arellano Law Foundation