The Memorandum Circular 14-2012 of DND and DILG is a violation of the Constitution

Asked for an official definition of “neutralization,” DND officials, citing another joint DND-DILG memorandum, said that it is “any counteraction intended to render any subject ineffective or inoperative using reasonable force such as physical restraint and similar acts.” DND said that the term “render ineffective” might include killing if it is “reasonable.”

- See more at: http://bulatlat.com/main/2013/09/27/solons-slam-dnd-dilg-hit-list-organized-racket/#sthash.hOMXFWnL.dpuf

This Memo Circular is a criminal act of the government .The definition of ‘render ineffective’ might include killing if it is ‘reasonable’ are callous remarks. Killing is never reasonable for whatever ends save when it is defesa proprio.

This memorandum could be used as an excuse for the extrajudicial killings by the AFP/PNP. It cannot be claimed as part of due process of the law because the basic law of the land prohibit it in Article III sect. 1 of the Constitution.

The authors of this circular must be processed in a court of law  for ‘ordering’ the use of force and killing of citizens who are considered to be innocent before the law unless proven otherwise  beyond reasonable doutb  thru a due process of law… not before being decided by the court.

This DND memorandum Memorandum Circular 14-2012 of DND and DILG by the DND-DILG is inviolation of the Constitution of the Philippines

Art III

sections 1,  No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section12,

 (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

Section14

(1) No person shall be held to answer for a criminal offense without due process of law. 

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 17. No person shall be compelled to be a witness against himself.

Section18

(1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.