MEMORANDUM OF AGREEMENT
KNOW ALL PEOPLE BY THESE PRESENTS:
This Memorandum of Agreement is entered into and executed this Sri day of
November 2021 in manila , by and between:
The PHILIPPINE NATIONAL POLICE (PNP), with address at
Camp BGen Rafael T. Crame, Quezon City, Philippines, represented by
POLICE GENERAL GUILLERMO LORENZO T. ELEAZAR,
- and —
The NATIONAL BUREAU OF INVESTIGATION (NBI), with
address at the NBI, VTECH Tower, 1257 G. Araneta Avenue corner
Maria Clara Street Quezon City, Philippines, represented by 01C-
DIRECTOR ERIC B. DISTOR,
WITNESSETH:
WHEREAS, the PNP is mandated by Republic Act (R.A.) No. 6975, as amended
by R.A. No. 8551, to enforce the law, prevent and control crimes, maintain peace and
order, and ensure public safety and internal security with the active support of the
community;
WHEREAS, the NBI is empowered, among others, to render technical assistance
to other government agencies and instrumentalities, when so requested and to
undertake the investigation and detection of crimes falling within its jurisdiction, as well
as, offenses vested with public interest upon the direction of the Secretary of Justice or
the President of the Philippines;
WHEREAS, the Department of Justice has recommended that further
investigation and case build-up be done both by the PNP and the NBI in connection with
the government's anti-illegal drug campaign and, where necessary, determine the
possible criminal liability of law enforcement agents involved in anti-illegal drug
operations;
WHEREAS, it is the desire of the PNP to strengthen transparency and
countability in the national police organization;
WHEREAS, it is the desire of the parties to foster close coordination and
\i
r ollaboration in the government's campaign against illegal drugs, particularly with
regard to concerns on the manner by which this campaign has been undertaken;
NOW THEREFORE, for and in consideration of the foregoing premises, the
Parties hereby agree as follows:
OBJECTIVES
The Parties shall, at all times, endeavor to work closely together to address
inality in the country and ensure strict and proper implementation of the law. This
shall include meaningful collaborative efforts relating to the government's anti-illegal
drug operations.
This Agreement formalizes and gives valuable credence to this collaboration. The
PNP and the NBI shall jointly evaluate the government's anti-illegal drug operations,
and, where necessary, determine possible criminal liability on the part of the police
officers involved in these operations. As state agencies, both Parties seek to ascertain
the truth regarding the allegations of human rights violations and possible criminal
liability in the conduct of the government's anti-illegal drug operations.
II. COMMITMENT OF THE PARTIES
The Parties are committed to supporting the work of the other in respect of
evaluating the government's anti-illegal drug operations and undertaking investigation,
case build-up, and the possible filing of criminal complaints against concerned police
officers.
For this purpose, the Parties guarantee the integrity and the immediate
availability to the other party of any and all necessary information, including documents,
records, and any and all relevant evidence. The Parties shall collect, provide, and/or
transmit documents, records, and any and all relevant evidence in such manner as may
be deemed convenient and appropriate to ensure confidentiality.
The Parties shall prepare a full and detailed report of all relevant findings and
recommendations for submission to, and consideration of, the respective agency heads,
and, where necessary, file the appropriate criminal complaints against those found to
have committed violations of applicable laws in the conduct of anti-illegal drug
operations.
The Parties shall designate representatives from their respective agencies for
ease of coordination. For the PNP, a representative each from the Internal Affairs
Service (Prosecution Division) and the Directorate for Investigation and Detective
Management shall be designated. For the NBI, a representative each from the Office of
the Assistant Director for Regional Operations Service, Office of the Assistant Director
for Investigation Service, Office of the Assistant Director for Intelligence Service, and the
Office of the Assistant Director for Forensic Service shall be designated.
For purposes of operationalizing these commitments, the Parties shall
imediately designate their respective representatives and, within fifteen (15) days from
ththsigning of this Agreement, inform the other party of the designation. The designated
representatives shall, within fifteen (15) days thereafter, convene a meeting in order to
mmence the work necessary to fulfill the objectives of this Agreement.
The representatives are expected to consult regularly through their points of
contact to implement this Agreement and to resolve disputes, as necessary.
GENERAL PROVISIONS
The parties acknowledge and understand that commitments under this
Agreement are in accordance with the provisions of the law and rules and regulations
that govern their activities.
To realize the objectives set forth in this Agreement, the representatives of
arties shall meet at least once a month to discuss issues of mutual concern.
2
In the implementation of this Agreement, the Parties adopt the general
data privacy and data sharing principles set forth and declared in R.A. No. 10173,
otherwise known as Data Privacy Act of 2012, and its Implementing Rules and
Regulations, and adhere to the principles of transparency, legitimate purpose, and
proportionality which shall govern its implementation. The Parties shall ensure the
privacy and security of any and all confidential, privileged, personal, and/or sensitive
information that the Parties, their officers, employees, or agents may have access to,
and shall store, use, dispose, and/or otherwise process the said confidential, privileged,
personal and/or sensitive information, as may be applicable. This clause shall survive
the termination or expiration of this Agreement.
Any information provided through the records and other documents made
available by the Parties shall only be used for the purposes mentioned under Article I of
this Agreement.
IV. AMENDMENT
This Agreement may be amended at any time by mutual consent. Either
Party may request changes to the Agreement. Any amendment shall be for the purpose
of further improving and enhancing cooperation under this Agreement.
Any changes, modifications, revisions, or amendments which are mutually
agreed upon by the Parties shall be incorporated by written instrument, and effective
upon signing by the Parties.
V. TERMINATION
In the event of termination of this Agreement, all parties must ensure that
the personal data and information disclosed will be kept confidential.
Either Party may terminate this Agreement upon thirty (30) days' prior
notice.
IN WITNESS WHEREOF, the PARTIES have signed this Mem m of
Agreement this 3rd ay of November 2021 in Manila, Philipp
GUILLERMO L ELEAZAR RIC B. STOR
Chief, Philipp nal Police Office n-Charge,
tional Bureau of Investigation
WITNESSES:
ME AR . GUEVARRA
Secretary
