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Statement of the Commission on Human Rights calling for rights-based implementation of “Oplan Galugad”

The Commission on Human Rights (CHR) recognizes the State’s duty to ensure the safety and security of communities through legitimate law enforcement efforts, including initiatives such as “Oplan Galugad” of the Philippine National Police, implemented under the Department of the Interior and Local Government’s (DILG) broader “Safer Cities” program.

We welcome the DILG’s ongoing efforts to refine implementation by promoting clearer guidance, consistency in enforcement, and alignment with rights-based policing.

Addressing criminality, illegal drugs, and threats to public order is essential to safeguarding public welfare. These efforts, however, must at all times be carried out in full compliance with human rights standards and the rule of law.

We note recent developments, such as in the City of Manila, where the Manila Police District suspended punitive enforcement actions under Oplan Galugad following concerns over their potential “anti-poor” impact. This development provides an opportunity to reassess implementation and strengthen safeguards to ensure that enforcement remains fair, humane, and non-discriminatory.

The CHR, however, expresses concern over reports of questionable arrests arising from ordinance violations and enforcement practices that may disproportionately affect marginalized communities. While Republic Act No. 7160, or the Local Government Code of 1991, empowers local government units to enact ordinances, including those with penal sanctions, such authority must still be exercised within constitutional and legal limits. The Supreme Court in Ridon v. People likewise makes clear that a mere violation of an ordinance does not, by itself, justify a warrantless search or arrest, especially where the law does not call for imprisonment. Authorities should therefore prioritize proportionate, non-custodial responses and avoid arbitrary or undue restrictions on liberty.

The same caution applies with greater force when minors are involved. The Juvenile Justice and Welfare Act of 2006, as amended, requires that the best interests of the child be protected at all times and that proceedings before any authority be conducted in a manner consistent with that principle. It also reflects a child-sensitive and restorative approach, rather than a purely punitive one, in dealing with children in conflict with the law, consistent with the Convention on the Rights of the Child. In this light, the apprehension of minors during law enforcement operations demands heightened discernment, strict observance of child-protection standards, and immediate coordination with parents or guardians, social workers, and other proper authorities. Measures that expose children to unnecessary force, intimidation, stigma, or detention must be avoided. At all times, the handling of minors must uphold their dignity, rights, welfare, and developmental needs.

The 1987 Philippine Constitution guarantees due process, equal protection, and security against unreasonable searches and seizures. These protections are reinforced by Republic Act No. 9745, or the Anti-Torture Act of 2009, and Republic Act No. 7438, or the Rights of Persons Arrested, Detained, or Under Custodial Investigation Act. International human rights standards, including the International Covenant on Civil and Political Rights, likewise require that law enforcement adhere to the principles of legality, necessity, proportionality, and accountability.

In keeping with the State’s primary obligation to respect, protect, and fulfill human rights, the CHR reminds law enforcers to exercise sound discernment in implementation. Initiatives such as Oplan Galugad should genuinely enhance public safety and must not create conditions that place communities, particularly vulnerable sectors, at greater risk.

Any violations must be promptly, impartially, and transparently investigated, and erring personnel held accountable.

We further emphasize the need for a humane and context-sensitive approach to law enforcement. In light of ongoing economic challenges, authorities must remain mindful of the lived realities of vulnerable and underprivileged communities.

To this end, the CHR remains committed to monitoring these operations, engaging with relevant authorities, and ensuring that public safety measures do not come at the expense of fundamental rights and human dignity. The Commission likewise remains open to dialogue and collaboration with concerned agencies and stakeholders to further strengthen the adoption of a human rights-based approach in the conduct of law enforcement operations. A rights-based approach to policing strengthens public trust and promotes sustainable peace and order.

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