VALMONTE vs.
DE VILLA peripheral areas, for the purpose of establishing an
G. R. No. 83988
September 29, 1989
By: EDRACEL C. DEL ROSARIO
Topic: CHECKPOINTS
Petitioners: RICARDO C. VALMONTE AND UNION OF LAWYERS
AND ADVOCATES FOR PEOPLE'S RIGHTS (ULAP)
Respondents: GEN. RENATO DE VILLA AND NATIONAL CAPITAL
REGION DISTRICT COMMAND
Ponente: Padilla, J.
DOCTRINE: Not all searches and seizures are prohibited. Those
which are reasonable are not forbidden. A reasonable search is
not to be determined by any fixed formula but is to be resolved
according to the facts of each case.
FACTS:
 In 1987, the National Capital Region District Command
(NCRDC) was activated with the mission of conducting
security operations within its area of responsibility and
effective territorial defense, maintaining peace and order,
and providing an atmosphere conducive to the social,
economic and political development of the National Capital
Region.
 As part of its duty to maintain peace and order, the NCRDC
installed checkpoints in various parts of Valenzuela, Metro
Manila.
 Petitioners aver that, because of the installation of said
checkpoints, the residents of Valenzuela are worried of
being harassed and of their safety being placed at the
arbitrary, capricious and whimsical disposition of the
military manning the checkpoints, considering that their
cars and vehicles are being subjected to regular searches
and check-ups, especially at night or at dawn, without the
benefit of a search warrant and/or court order.
 Their alleged fear for their safety increased when,
Benjamin Parpon, a supply officer of the Municipality of
Valenzuela, Bulacan, was gunned down allegedly in cold
blood by the members of the NCRDC for ignoring and/or
refusing to submit himself to the checkpoint and for
continuing to speed off inspire of warning shots fired in the
air.
 Petitioners further contend that the said checkpoints give
the respondents a blanket authority to make searches
and/or seizures without search warrant or court order in
violation of the Constitution

ISSUE:
(1) Whether or not the installation of checkpoints violates the
right of the people against unreasonable searches and seizures?
HELD/RATIO:
(1) NO, military and police checkpoints DO NOT violate the
right of the people against unreasonable search and seizures.
 Not all searches and seizures are prohibited. Those which
are reasonable are not forbidden. A reasonable search is
not to be determined by any fixed formula but is to be
resolved according to the facts of each case.
 Where, for example, the officer merely draws aside the
curtain of a vacant vehicle which is parked on the public fair
grounds, or simply looks into a vehicle, or flashes a light
therein, these do not constitute unreasonable search.
 The setting up of the questioned checkpoints in Valenzuela
(and probably in other areas) may be considered as a
security measure to enable the NCRDC to pursue its
mission of establishing effective territorial defense and
maintaining peace and order for the benefit of the public.
 Checkpoints may also be regarded as measures to thwart
plots to destabilize the government, in the interest of
public security.
 The Court may take judicial notice of the shift to urban
centers and their suburbs of the insurgency movement, so
clearly reflected in the increased killings in cities of police
and military men by NPA, the abundance of unlicensed
firearms and the alarming rise in lawlessness and violence
in urban centers. Between the inherent right of the state to
protect its existence and promote public welfare and an
individual's right against a warrantless search which is
however reasonably conducted, the former should prevail.
 True, the manning of checkpoints by the military is
susceptible of abuse by the men in uniform, in the same
manner that all governmental power is susceptible of
abuse. But, at the cost of occasional inconvenience,
discomfort and even irritation to the citizen, the
checkpoints during these abnormal times, when conducted
within reasonable limits, are part of the price we pay for an
orderly society and a peaceful community.