CHECKPOINT PROCEDURE

A Report Submitted in Partial Fulfillment of the

Requirements in Specialization Course 3
(CRISIS INTERVENTION MANAGEMENT)

Second Semester, SY 2020-2021

NAGA COLLEGE FOUNDATION, INC.

College of Criminal Justice Education
Division of Graduate School
M.T. Villanueva Avenue,
Naga City
Submitted to:

DR. ARNOLD F. ABIOG

Professor

NATHALIE IVY SJ. BULAO

Submitted by:
 TOPIC OUTLINE

I. OBJECTIVES
II. INTRODUCTION
III. DISCUSSION
A. Important Terms
B PNP Operational Procedures
 Rule 25. Checkpoints

C. 10 Checkpoints Rule

D. Search and Seizure

E. COMELEC Checkpoints

F. Guidelines on Human Rights in Police Checkpoints

IV. RELATED LAWS

V. CONCLUSION
VI. RECOMMENDATION
VII. REFERENCES
I. OBJECTIVES

At the end of the discussion, the students should be able to:

1. To define the checkpoint;
2. To know the PNP Operational Procedure under Rule 25. Checkpoints;
3. To discuss the 10 checkpoint rules;
4. To properly understand the operation of COMELEC Checkpoints;
5. To explain the laws and procedures related to Human Rights in the operation
of Police Checkpoint; and
6. To understand the importance of checkpoint.

II. INTRODUCTION

In our country, Police checkpoints is one of the operations of Philippine National

Police that are visible in the community and always encountered by a motorist. Most of
the motorist are afraid in this operation, because of the illicit activities that few police
officers doing. This affects the trust and relationship between the community and the
law enforcement. But instead, this this operation provide us a real sense of safety and
security against criminality. And also, this is an efficient tool to deter criminals and
would be criminals. Policemen on checkpoints of certain areas and interacting with
citizen is truly effective. Without checkpoints, leaving or entering certain areas is
ineffective.

III. DISCUSSION

A. Important Terms

Checkpoint – A place where the military or police check vehicular or pedestrian traffic
in order to enforce circulation control measures and other laws, orders, and regulations
which involves only a brief detention of travelers during which the vehicle’s occupants
are required to answer a brief question.
Brief detention – a brief stoppage or interruption of travel or motion (in the context
of the conduct of checkpoints).
Plain view – that which is readily in sight of an officer who has a right to be in the
position to have that view.
Probable cause – the existence of such facts and circumstances as would lead a
person of ordinary caution and prudence to entertain an honest and strong suspicion
that the person charged is guilty of the crime subject of the investigation.
Uniformed personnel – refers to the AFP and/or PNP personnel wearing their
respective service uniforms with the name plates and other identification tags.
Search – In criminal law, search means examination of a person’s body, property or
other area which the person would reasonably be expected to consider as private by a
law enforcement officer for finding evidence of a crime.
Visual search – an eye search using the ‘plain view’ doctrine.

B. PNP Operational Procedures (Rule 25. Checkpoints)

Section 1. Authority To Establish Checkpoints

The establishment of checkpoint must always be authorized by the PNP and

manned by uniformed personnel assigned in the area. Other units directly involved in
an operation may establish mobile checkpoints in coordination with the commander of
the unit/station in the area.

Section 2. Composition

In the conduct of checkpoint proper, the checkpoint team shall be

composed of, but not limited to the following:

a. Team Leader-shall lead and take responsibility in the conduct of checkpoint

preferably an officer with the rank of at least Police inspector.
b. Spotter-PNP personnel who will point/profile suspected vehicle subject for
checkpoint.
 c. Spokesperson-TL or member who is solely in charge of communicating with the
motorist subject for checkpoint.
d. Investigation Sub-team-in charge of investigation and documentation of possible
incidents in the checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic
Violation Report (TVR).
e. Search/Arresting Sub-Team-designated to conduct search, seizure and arrest if
necessary.
f. Security Sub-Team-tasked to provide security in the checkpoint; and
g. Blocking/Pursuing Sub-Team-team tasked to block/pursue fleeing
suspects/vehicle.

Section 3. Guidelines

a. Mobile checkpoints are authorized only when established in conjunction

with ongoing police operations. Only officially marked vehicles shall be used in
establishing mobile checkpoint.
b. Checkpoints may be established when where is a need to arrest a criminal or
fugitive from justice.
c. The composition of the personnel manning the checkpoint shall be left to the
sound discretion of the PNP unit commander.
d. Encourage the participation of, but not limited to, the LGU’s, NGO’s, Civil Society
Groups, business organizations, other civic groups, media and other stakeholders during
the conduct of Police Checkpoint.
e. The participation of the civilians and the presence of the media in the conduct of
checkpoint must be confined only as observers to give police additional eyes and
promote transparency of activities in the area.
f. All civic groups or organizations to include the media, who are inclined to
participate in police checkpoints, must be duly registered and accredited by the PNP for
such purpose. The accreditation of the civilian groups to join in the conduct of
checkpoint shall be administered by the Police Regional and Provincial Offices.
 g. PNP personnel manning the checkpoint must have the presentable appearance,
wearing the prescribed PNP uniform. Likewise, the civilian members must also be in
their organizations uniform with their names noticeably displayed for identification. In
no case shall the civilian components be allowed to bear firearms during the checkpoint.
h. As mush 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 organizations visibly displayed in the checkpoint site, to prevent any
apprehension from the public of the existence of the same.
i. Due courtesy must be accorded to the motorists, traders and the commuters
during the conduct of checkpoint.
j. The spokesperson must greet the people subject for inspection, ask apology for
the inconvenience, appeal for understanding and state the reasons of the operation.
Thank the persons searched.
k. Except in the actual commission during checkpoints or in a hot pursuit operation,
the conduct of inspection of vehicle during a routine checkpoint is a limited to a visual
search and therefore must be done with due respect to innocent passersby, commuters
or bystanders and be conducted in a manner that is least inconvenient to the public.
Searches, seizure and arrest made during checkpoints shall be within the ambit of the
law.
l. Violations/infractions of the law discovered during the checkpoint shall be
expeditiously disposed of following legal procedures. Arrested persons must be apprised
of their rights in reference to the Miranda Doctrine.
m.The security of the PNP personnel, and most especially that of the civilians
participating in the checkpoint operation, must be given due consideration in the
planning stage of the operation.
n. Only the security Sub-Team and blocking/pursuing sub-team members are
allowed to display high powered firearms and are positioned where they can best
provide security to the Checkpoint team including themselves.
 o. Checkpoint personnel must not limit their task in law enforcement and crime
deterrence. They should also be ready to provide police assistance in the vicinity. Ex;
giving directions to inquiring motorists or passersby.
p. The PNP operating units must provide their own logistical and financial
requirements to avoid soliciting support from the civilians for their personal or
operational needs.
q. Police personnel assigned in the checkpoint shall not extort or harass drivers,
passengers, and traders. Designated TL assigned at the checkpoint shall be responsible
for the actuations and behavior of his personnel and shall be accountable under the
doctrine of Command Responsibility.
r. Voluntary offers of cash or in kind from the traders/motorists passing the
checkpoint should be absolutely refused because the offer might be misconstrued as a
bribe.
s. The police and the civilian component must separately submit their After
Checkpoint Operation Report to their respective units or organization for proper
evaluation of the efficacy of the operation.

Section 4. Procedure in the conduct of Regular Checkpoint.

a. Unit Commander should inform HHQs Tactical Operations Center (TOC) and
coordinate with adjacent units, such as, MPS, CPS, NU’s, Public Safety Management
Forces and other friendly forces, personally or through an official representative, before
commencing with the checkpoint to avoid mis encounter and any untoward incident.
b. The TL shall brief the PNP personnel, as well as the civilian components present,
including the media regarding the proper conduct of the checkpoint and their assigned
tasks prior to their deployment.
c. The TL shall initially account for the PNP personnel and check if they are in the
prescribed uniform. PNP personnel conducting the checkpoint shall display their
nameplates at all times. If wearing a jacket, the flap of the jacket bearing their names
should also be displayed. Likewise, the equipment will include, but not limited to the
following:
1. Marked Patrol vehicles
2. Firearms with basic load ammunition
3. Handheld and vehicle base radios
4. Flashlights
5. Megaphone and
6. Signage/Warning Signs; (e.g, Slowdown Checkpoint Ahead, Checkpoint 20
Meters Ahead, and Information signs: Name of the Unit and TL.
7. The spotter of the team will be pre-positioned in a place where he can best
point/profile suspected vehicles prior to their approach to the checkpoint.
8. Search/Arresting Sub-team shall flag down suspected vehicles and conduct
search, seizure and arrest if necessary.
9. Arrested person and seized items shall be turned-over to the investigation sub-
team for documentation and proper disposition.
10. In the event that the checkpoint is ignored, and the occupants of the vehicle
open fire on the personnel manning the checkpoint, reasonable force to overcome the
suspects aggression may be employed.
11. Inform HHQ’s before terminating the conduct of checkpoint.
12. The TL shall conduct debriefing of personnel after termination of the checkpoint;
and
13. Unit Commander shall submit After Activity Report to higher headquarters.

Section 5. Procedure in the Conduct of Hasty Checkpoints

a. PNP personnel conducting mobile patrols on board patrol vehicles will initially
man the checkpoint to be complemented by additional personnel upon arrival of
reinforcement. A collapsible signage with markings: “Stop, Police Checkpoint” indicating
also the name of the concerned police office/unit conducting operations will be used for
the purpose.
 b. In the case of PNP personnel conducting Internal Security Operation (ISO) or
foot patrol, where a vehicle and collapsible signage is not readily available, the
checkpoint shall be manned initially by said personnel.
c. The team shall immediately inform HHQ of the exact location of the Hasty
Checkpoint to include involved and available equipment.
d. In a hasty checkpoint, where there is a possibility of high risk stop and high risk
arrest, and that there is an urgently for troop deployment and that public safety might
be at risk, the participation of the civilian component and the presence of the media in
the checkpoint operation shall not be allowed.
e. The Unit Commander of the personnel manning the hasty checkpoint shall
immediately send additional personnel, equipment and signage to the area in order to
convert the Hasty Checkpoint into a Regular Checkpoint; and
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall
follow the procedures on section 4 paragraph c of this rule.
Section 6. General Procedure to be followed when Checkpoints are
ignored

a. In the event that checkpoints/roadblocks are ignored and the motorists/suspects

bumped the roadblock in an attempt to elude arrest or avoid inspection, the TL shall
immediately contact adjacent units to inform them of the situation so that this unit can
conduct dragnet operation, while the members of blocking/pursuing team shall block or
pursue the errant fleeing motorists.

b. Warning shot shall not be allowed due to the confusion it may create to the
driver and passengers of the vehicle. Megaphones or police sirens shall be used instead
during the pursuit. The plate number of the vehicle shall be noted and given to other
units in adjacent areas to prevent the possibility that the vehicle may elude the pursuit
operation; and
 c. In the event that the occupants of the vehicle open fire on the personnel
manning the checkpoint, reasonable force to overcome the suspects, aggression may
be employed.

Section 7. Procedure in Flagging down or Accosting Vehicles while in

Mobile Car

This rule is a general concept and will not apply in hot pursuit operations. The
mobile car crew shall undertake the following, when applicable.

a. Call Headquarters to inform of the make or type and plate number of the motor
vehicle to be accosted including the number and, if possible, identify of occupants;

b. State the reason for the planned intervention of the suspected motor vehicle.

c. Give mobile car’s location and its direction before making actual intervention.

d. Try to get alongside the suspects vehicle and check the occupants without
alarming them of your purpose. You can even overtake the vehicle and wait for it at an
advantageous location before stopping the suspect’s vehicle.

e. Determine whether the suspects are hostile or not.

f. Make known to the suspect that you are after them through the use of a siren or
megaphone.

g. Instruct the driver to pull over or stop on the side of the road.

h. Park behind the suspect’s vehicle on the driver’s side.

i. If the vehicles windows are heavily tinted and the occupants cannot be seen,
instruct the driver to open all windows to have a clear view of the interior of the
vehicle.

j. Instruct the driver to turn off the ignition, if this was not done when the vehicle
stopped.
 k. The other members of the team must be on guard for any eventuality while the
vehicle is being approached.

l. Talk to the driver in a most courteous manner and inform him of the nature of
his violation. Demand to see the driver’s license, photocopies of certificate of
registration and the official receipt. Examine these documents and counter-check the
driver on the information reflected therein.

m. If it concerns traffic violations immediately issue a Traffic Citation Ticket or

Traffic Violation Report. Never indulge in prolonged, unnecessary conversation or
argument with the driver or any of the vehicles occupants.

n. In cases of other violations that require the impounding of the vehicle, inform
the driver regarding this situation and instruct him to follow you after issuing the
TCT/TVR; and

o. Before moving out, inform headquarters regarding the situation/status and

disposition vehicle of the person and motor vehicle accosted.

Section 8. The following are the procedures to be followed in dealing

with hostile drivers.

a. Stopping Vehicles

 1. Follow the procedure stated in paragraph a to c of section 7.

2. Immediately request for back-up.

3. Follow the suspect and always keep him visual range.

4. Expect that the suspect will notice your action at any time. Be prepared for a car
chase or actual hostile confrontation.

5. If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect.
 6. Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the street.

7. Park at an appropriate distance behind the suspect’s vehicle.

8. While the vehicle is being approached, the other members of the crew and back-
up must be on guard for any eventuality. Overreactions should be avoided.

9. If the vehicle’s windows are heavily tinted and the occupants cannot be seen,
instruct the driver to open all windows for clear view of the vehicles interior.

10. Direct the driver and other occupants of the vehicle not to make unnecessary
movements and to show their hands outside the car.

11. Instruct the driver to turn off the ignition and toss the key to the ground.
Demand to see the Driver’s license and photocopies of the vehicle’s certificate of
registration and the official receipt. Examine the documents and counter-check the
driver on the information reflected therein.

12. If there are other suspects aside from the driver, separate them from one
another.

b. Fleeing Vehicles

1. In the event that the motor vehicle did not stop despite the warning given,
inform Headquarters or adjacent unit’s so that roadblocks or hasty checkpoint can be
set-up.

2. Call Headquarters to inform of the make or type, plate number and color of the
motor vehicle to be accosted including the number of occupants and, if possible, their
identity.

3. State the reason for flagging down the suspect motor vehicle.

4. Give mobile car’s location and its direction before making actual intervention.
 5. When the vehicle of the suspect is cornered or stopped, instruct the driver and
other occupants in a clear and commanding voice to follow specifically what you will
require of them. Failure on their part to follow will be construed as a hostile act on their
part. Execute instructions on the use of reasonable force.

6. Instruct the driver to turn off the ignition and toss the key to the ground, open
the door and step out of the vehicle, follow by his hands to be placed on top of the
vehicle, or to move towards you with his hands up.

7. Instruct other occupants of the vehicle, if any, to come out one by one, and
follow what the driver has been instructed to do earlier.

8. Arrest, handcuff and search the suspects and bring them to Headquarters for
proper disposition.

9. Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.

Section 9. High Risk Stop and High Risk Arrest

a. Initial Stage

  Upon receipt of information involving movement of armed person or persons,

either singly or in group, including unauthorized movement of government troops, or in
immediate response to a reported commission of crime perpetrated by armed persons,
the PNP shall immediately:

1. Organize appropriate tactical security forces utilizing maximum firepower and

armor asset.

2. Deploy the security forces to stopping zone in defensive position.

3. Seal off the area and establish strong roadblocks/barricade.

 b. Effecting a High Risk Stop

 When effecting High Risk Stop, the police officer shall:

1. Exert outmost effort to persuade the suspects to halt or stop their movement.

2. Start with the procedural conduct of regular warrantless arrest where arrest is
inevitable.

3. Ensure proper documentation of the process.

4. Respect the rights of all persons involved.

c. During Violent Stage

The PNP shall strictly adhere to the PNP Operational Procedures (POP) on the
use of reasonable force (Rule 8).

C. 10 Checkpoints Rule

1. CHECKPOINT MUST BE WELL-LIGHTED, PROPERLY IDENTIFIED AND MANNED

BY UNIFORMED PERSONNEL.

Checkpoint guidelines provide that all personnel manning legitimate checkpoints

should be in service uniform with the name plates and other identification tags clearly
visible and readable.

2. UPON APPROACH, SLOW DOWN, DIM HEADLIGHTS AND TURN ON CABIN

LIGHTS. NEVER STEP OUT OF THE VEHICLE.

In a checkpoint inquiry, the occupants cannot be compelled to step out of the

vehicle.

3. LOCK ALL DOORS. ONLY VISUAL SEARCH IS ALLOWED.

The search which is normally permissible is limited to visual search where the
officer simply looks into the vehicle and flashes a light therein without opening the car’s
door.
 4. DO NOT SUBMIT TO A PHYSICAL OR BODY SEARCH.

The search which is normally permissible is limited to an instance where the

occupants are not subjected to a physical or body search.

5. YOU ARE NOT OBLIGED TO OPEN GLOVE COMPARTMENT, TRUNK OR BAGS.

 The personnel manning the checkpoint cannot compel the motorist to open the
trunk or glove compartment of the car or any package contained therein. Such
extensive search requires the existence of probable cause.

6. ORDINARY/ROUTINE QUESTIONS MAY BE ASKED. BE COURTEOUS BUT FIRM

WITH ANSWERS.

Checkpoint involves only a brief detention of travelers during which the vehicle’s
occupants are required to answer a brief question.

7. ASSERT YOUR RIGHTS, HAVE PRESENCE OF MIND AND DO NOT PANIC.

 The constitutional immunity against unreasonable searches and seizures is a

personal right which may be waived. Affirmative acts of volition without being forced or
intimidated to do so, shall properly be construed as a clear waiver of right.

8. KEEP YOUR DRIVER’S LICENSE AND CAR REGISTRATION HANDY AND WITHIN
REACH.

 To avoid delay and inconvenience, ready the car registration documents for
inspection, in case requested by authorities.

9. BE READY TO USE YOUR CELLPHONE AT ANYTIME. SPEED DIAL EMERGENCY

NUMBER.

In case of violation in any these standards, cellphones can be used anytime to

call emergency numbers: 117 (PNP) or (02) 521-2930 (DOJ Action Center).

10. REPORT VIOLATIONS IMMEDIATELY. YOUR ACTIONS MAY SAVE OTHERS.

   All violations shall be reported to the authorities to ensure steps are taken to
investigate checkpoint violations.

D. Search and Seizure

Search and seizure relevant to moving vehicles are allowed in recognition of the

impracticability of securing a warrant under said circumstances. In such cases however,
the search and seizure may be made only upon probable cause. i.e., upon a belief,
reasonably arising out of circumstances known to the seizing officer that an automobile
or other vehicle contains an item, article or object which by law is subject to seizure
and destruction. The SC also found probable cause in the following instances:

1. Where the distinctive odor of marijuana emanated from the plastic bag carried by
the accused.

2. Where an informer positively identified the accused who was observed to have
been acting suspiciously.

3. Where the accused fled when accosted by policemen;

4. Where the accused who were riding a jeepney were stopped and searched by
policemen who had earlier received confidential reports that said accused would
transport a large quantity of marijuana; and

5. Where the moving vehicle was stopped and searched on the basis of intelligence
information and clandestine reports by a deep penetration agent or spy one who
participated in the drug smuggling activities of the syndicate to which the accused
belonged that said accused were bringing prohibited drugs into the country.

E. COMELEC checkpoints

Sec 1. Authority to establish COMELEC checkpoint. - There shall at least be one (1)
COMELEC checkpoint in each city/municipality. However, additional checkpoints may be
established at the discretion of the highest ranking official of the Armed Forces of the
Philippines (AFP) or the Philippine National Police (PNP) in the city/municipality.

Section 2. Notice of location of COMELEC checkpoints. - The Election Officer (EO)

shall post the locations of COMELEC checkpoints at the Office of the Election Officer,
and the respective offices of the PNP and AFP. Whenever possible, notices thereof will
also be disseminated to the non-government organizations, civil society groups and
members of the media in the locality.

Section 3. Spot checkpoint. - Where the circumstances warrant, spot checkpoints

may be established in locations other than those mentioned in the preceding section.
Before establishing such checkpoints, the coordinating officer/team leader shall give
prior notice and coordinate with the Election Officer (EO) having jurisdiction over the
area. The establishment of spot checkpoints shall follow the same guidelines for
COMELEC checkpoints under Section 6 of this Rule.

Section 4. Personnel to man checkpoint. - Any unit designated to man a COMELEC

checkpoint must be led by a regular member of the AFP or the PNP with a rank of at
least Lieutenant/Inspector. In cases where there is no available AFP/PNP member of
the said rank, the highest ranking officer shall make a special designation of a lower
ranking officer to act as team leader of the COMELEC Checkpoint.

Section 5. Briefing by the commanding officer/team leader. - A briefing must be

given by the commanding officer/team leader to all members of the unit who will be
designated to man the checkpoints, with emphasis on the proper manner of searching
with reasonableness

Section 6. Guidelines in the establishment of COMELEC Checkpoints. - The following

guidelines must be observed in the establishment of COMELEC Checkpoints:

Every COMELEC checkpoint shall have a signboard measuring three feet by four
feet (3'x 4'), to clearly identify the place as a COMELEC checkpoint from a reasonable
distance.
 Report violations, incidents or untoward circumstances in the conduct of
COMELEC Checkpoints within twenty four (24) hours to the Election Officer (EO) to
ensure proper monitoring and reporting of violations.

Section 7. Searches at COMELEC checkpoint. - Any search at any COMELEC

checkpoint must be made only by members of the unit designated to man the same. It
should be done in a manner which will impose minimum inconvenience upon the person
or persons so searched, to the end that civil, political and human rights of any person is
not violated

Section 8. Procedure in case checkpoint is ignored. - If a person ignores the

checkpoint, the team leader must immediately report such incident to the adjacent
teams/police stations stating therein the particular details of the person/s evading the
checkpoint. If necessary, the team must immediately coordinate to such adjacent teams
or stations in order to establish roadblock/s in accordance with existing standard
operating procedures of the PNP under the PNP Handbook.

Section 9. Procedure in cases where there is apparent violation of the ban on

firearms. - The following procedure must be followed in cases where there is apparent
violation of the ban on firearms:

Section 10. Rights of a person arrested. - Any person arrested at a COMELEC

checkpoint must be treated humanely and with utmost respect for his constitutional
rights. He must be informed of his rights according to the Miranda Doctrine:

Section 11. Record of arrest. - Any arrest made at a COMELEC checkpoint shall be

immediately and chronologically recorded in a logbook for the purpose, stating the
circumstances of the arrest and other particulars about the person and confiscated
weapons, ammunitions and materials.

Section 12. Report and turn-over of arrested person. - Any person arrested at a

COMELEC checkpoint including the confiscated material, weapon, or ammunition, must
be turned-over to the nearest law enforcement station or office together with the
corresponding affidavit/s of arrest for proper action.

Section 13. Documentation of the conduct of checkpoints. - The team conducting

the checkpoints, if possible, photo/video-document their operation or at least parts of it
for purposes of evaluation/assessment if the checkpoint is compliant with the laws of
these rules so as to ensure that the rights of persons passing through them are
respected provided the documentation conducted is not intrusive.

Section 14. Prohibition of extortion/solicitation, acceptance of voluntary offers of

cash or gifts. - The team composing the checkpoint must not solicit or extort money
from persons passing through checkpoints nor accept voluntary offers of cash or gifts of
whatever kind.

In Resolution 9588, the Commission on Election says the search and seizure
procedures conducted at poll checkpoints should not violate the civil, political and
human rights of anyone being flagged.

F. Guidelines on Human Rights in Police Checkpoints

Checkpoints are important in maintaining public safety and deterring criminality in

the streets. However, such checkpoints must not cause inconvenience nor intimidate
citizens but, instead, should provide them a real sense of safety and security. To remain
legitimate and authorized, all PNP checkpoints must be:

A. Staffed by uniformed police personnel in complete uniform, including

name plates and (if available) I.D. cards. The checkpoint must be led
by a Police Commissioned Officer who is at least of Inspector rank. In
Metro Manila and other major cities, enforcement officers manning the
checkpoints should not be wearing battle dress uniforms or black
fatigues in lieu of the PNP GOA unless the conduct of checkpoint is a
result of a hot pursuit operation.
 Civilian volunteers (barangay officials, NGO members, etc.) who will participate
in the checkpoint operations must be properly accredited by the PNP and must have
undergone proper orientation prior to deployment. The civilian volunteers must also
wear their organizational uniform and identification cards during the checkpoint
operations. Said volunteers are not authorized to bear firearms and must only act as
observers at the checkpoint. In serious national emergency situations, the participation
of civilian volunteers is not allowed.

B. Established as part of ongoing police operations. Only official PNP

marked vehicles shall be used in establishing mobile checkpoints.

C. Always use courteous language when speaking to motorists,

passengers, and drivers of public utility vehicles. The conduct of
checkpoints including searches, seizures, and arrests shall be done
with civility and with due respect to innocent passers-by, commuters,
or bystanders.

Suggested Script:

“Magandang umaga/gabi po. Police checkpoint lang po ito, Pasensya na po sa

kaunting abala. Maraming salamat po. ” “Good morning/evening. This is a police
checkpoint. Please bear with the slight inconvenience. Thank you, Sir/Ma’am.”

D. Always explain the purpose of the checkpoint.

“Magandang umaga/gabi po. Police checkpoint lang po ito, pasensya na po sa

kaunting abala. Nagkaroon po ng bank robbery kanina kaya po naghigpit po tayo
ng security para na rin po sa kaligtasan ng publiko; at para po mahuli natin ang
mga suspek. Maraming salamat po sa kooperasyon ninyo.”

“Good morning/evening Sir/Ma’am. Our apologies for the slight inconvenience.

We are conducting this checkpoint because there was a bank robbery earlier and
we wanted to increase security measures to protect the public and to arrest the
suspects as soon as possible. Thank you for your cooperation.”

E. Observe the Plain View Doctrine during checkpoint operations. Never

force motorists to open their vehicle’s trunk or compartments. Never
force motorists, drivers, and passengers to present I.D. cards.

F. The use of warning shots is strictly forbidden to avoid unnecessary

and accidental deaths, injuries, and damage to property. Megaphones
or police sirens shall be used instead during the pursuit. In the event
that the occupants of the vehicle open fire on the personnel manning
the checkpoint, reasonable force to overcome the suspects’
aggression may be employed.

G. Searches made at checkpoints shall be limited to visual search and

neither the vehicle nor the occupants shall be subjected to physical
search or require the passengers to alight from the vehicle. An
extensive search may be allowed only if the officers conducting the
search have probable cause to believe that they would find evidence
pertaining to the commission of a crime in the vehicle to be searched
and there is no sufficient time to secure a valid warrant upon which
the passengers shall be required to alight from the vehicle to effect
the search.

H. Persons stopped during a checkpoint are not required and must not
be forced to answer any questions posed during spot checks or
accosting. Failure to respond to an officer’s inquiries is not, in and of
itself, a sufficient ground to make an arrest. A person’s failure or
refusal to respond to questions made by the police officer, however,
 may provide sufficient justification for additional observation and
investigation.

I. The team leader must properly orient the Search Team and Security
Team that will participate in the checkpoint operations.

J. Both the police and civilian components of the checkpoint operations

must submit their respective after-operations report to their
unit/organization.

K. Proper coordination with the military must be done especially in areas

where AFP units or personnel conduct their own checkpoint
operations, i.e., in conflict-affected areas, near military camps or
installations, locations where armed encounters recently occurred,
areas where presence of threat groups had been monitored, in so-
called “election hot spots”, areas declared under state of emergency,
etc.

In the conduct of police checkpoints, all PNP personnel must promote and protect the
citizen’s right to dignity, privacy, and freedom of movement.

IV. RELATED LAWS

 COMELEC Resolution No. 3420., Guidelines on the

Establishment of COMELEC Checkpoints in connection with the
May 14, 2001 National and Local Elections.
 Bill of Rights., Check points., Rights against Unreasonable
Search and Seizure
 Senate Bill No. 1997 ., AN ACT REGULATING THE
INSTALLATION AND MAINTENANCE OF CHECKPOINTS

V. CONCLUSION
  The checkpoint operations are set to the best interest of the citizens for ensuring
their safety and security when they are in the street. However some of them did not
valued the benefits to them that which resulted to misinterpretation and argumentation
between the motorist and law enforcers.

VI. RECOMMENDATION

 Recommend to conduct a seminar in each barangay in order that the community

with regards to the checkpoint awareness to know their rights and how to deal properly
with the law enforcers.
 Recommend seminars and training to the PNP/AFP personnel who will be
involved in checkpoint operations to ensure that they will not violate the rights of every
motorist.

VII. REFERENCE

 PNP Operational Procedures

 COMELEC Checkpoint Resolution No. 10029 Promulgation: 22 December 2015
 PNP Guidebook On Human Rights Based Policing, 2013 Edition
 US Legal. Inc., Search and Legal Definition
https://definitions.uslegal.com/s/search/#:~:text=In%20criminal%20law%2C
%20search%20means,finding%20evidence%20of%20a%20crime.