Legality of Checkpoints in PH
Legality of Checkpoints in PH
Legality of Checkpoints in PH
De Villa
It should be stated, at the outset, that nowhere in the questioned
decision did this Court legalize all checkpoints, i.e. at all times and
Under R.A. 4136, or the Land Transportation and Traffic Code, the
under all circumstances. What the Court declared is, that
general procedure for dealing with a traffic violation is not the
checkpoints are not illegal per se. Thus, under exceptional
arrest of the offender, but the confiscation of the drivers license of
circumstances, as where the survival of organized government is
the latter:
on the balance, or where the lives and safety of the people are in
SECTION 29. Confiscation of Driver's License. Law enforcement
grave peril, checkpoints may be allowed and installed by the
and peace officers of other agencies duly deputized by the
government. Implicit in this proposition is, that when the situation
Director shall, in apprehending a driver for any violation of this
clears and such grave perils are removed, checkpoints will have
Act or any regulations issued pursuant thereto, or of local
absolutely no reason to remain. No one can be compelled, under
traffic rules and regulations not contrary to any provisions of
our libertarian system, to share with the present government its
this Act, confiscate the license of the driver concerned and
ideological beliefs and practices, or commend its political, social
issue a receipt prescribed and issued by the
and economic policies or performance. But, at least, one must
Bureau therefor which shall authorize the driver to operate
concede to it the basic right to defend itself from its enemies and,
a motor vehicle for a period not exceeding seventy-two
while in power, to pursue its program of government intended for
hours from the time and date of issue of said receipt. The
public welfare; and in the pursuit of those objectives, the
period so fixed in the receipt shall not be extended, and shall
government has the equal right, under its police power, to select
become invalid thereafter. Failure of the driver to settle his case
the reasonable means and methods for best achieving them. The
within fifteen days from the date of apprehension will be a
checkpoint is evidently one of such means it has selected.
ground for the suspension and/or revocation of his license.
REQUIREMENTS:
1. As much as possible, the area where the checkpoints shall be
established must be properly lighted, with a noticeable
signage bearing the name of the PNP unit and the
participating organization/s visibly displayed in the checkpoint
site, to prevent any apprehension from the public of the
existence of the same.
2. Mobile checkpoints are authorized only when established in
conjunction with ongoing police operations. Only officially
marked vehicles with blinkers turned on, if available, shall be
used in establishing mobile checkpoints.
3. The minimum Police Checkpoint team should at least be
composed of an 8-man complement, with three verifiers, one
spotter, one TL, one profiler, one rear security and one
advance security.
4. The Team manning checkpoints must have immediate contact
with the LGUs, Public Attorneys Office (PAO) or any member
of the Philippine bar, and/or the media (for drug cases).
5. In Metro Manila and other major cities, police officers
manning the checkpoints should not wear Field Service
Uniforms (FSU) or black fatigues in lieu of the PNP General
Office Attire unless the conduct of checkpoint is a result of a
Hot Pursuit Operation or a High Risk Checkpoint. The use of
mixed uniforms (GOA, FSU, black fatigue) in the conduct of
checkpoint is strictly prohibited.
PROCEDURE:
1. Unit Commanders should inform Higher Headquarters (HHQs)
Tactical Operations Center (TOC) and coordinate with adjacent
units, such as MPS, CPS, NSUs, Public Safety Company Forces
and other friendly forces, personally or through an official
representative, before commencing with the checkpoint to
avoid misencounter and any untoward incident.