RICARDO C.

VALMONTE AND UNION OF LAWYERS AND ADVOCATES FOR PEOPLE'S RIGHTS

(ULAP), petitioners, vs.
GEN. RENATO DE VILLA AND NATIONAL CAPITAL REGION DISTRICT COMMAND, respondent
G.R. No. 83988
September 29, 1989

Facts:

National Capital Region District Command was activated pursuant to Letter of Instruction02/87
of the Philippine General Headquarters. Checkpoints were installed in various parts of
Valenzuela, Metro Manila. This will allow NCRDC to conduct security operations in the said area
for the purpose of maintaining peace and order and providing an atmosphere conducive to
development.

Petitioners contend that residents fear for their safety and are worried of being harassed. They
also aver that the installation of the checkpoints will allow respondents to conduct search
and/or seizures without search warrant or court order in violation of the Constitution.

A petition for prohibition with preliminary injunction and/or temporary restraining order was
submitted.

Issue:

Whether or not the checkpoints infringe the right against unreasonable searches and seizures
and is therefore unconstitutional.

Held:

Petition is dismissed.

Petitioners' concern for their safety and apprehension at being harassed by the military manning
the checkpoints are not sufficient grounds to declare the checkpoints as per se illegal. No proof
has been presented before the Court to show that, during their routine checks, the military
indeed committed specific violations of petitioners' right against unlawful search and seizure or
other rights. The constitutional right against unreasonable searches and seizures is a personal
right invocable only by those whose rights have been infringed, or threatened to be infringed.

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.