Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

House BillNo._ 326.

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

It is the constitutional right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for any
purpose (Bill of Rights, Article III, Section 2). Likewise, our Constitution grants other rights
to a person who has been arrested.

The installation and maintenance of checkpoints due to the existence of a clear and
present danger to national security, public safety, or public health has given rise to deplorable
incidents caused by irresponsible and abusive checkpoint personnel, thereby resulting in
serious violations of the aforementioned constitutional rights of the people. Even the
Supreme Court became aware in a later decision that some checkpoints have become “points
of thievery and extortion” and therefore clarified that checkpoints may be set up only “under
exceptional circumstances as when the lives and safety of the people are in grave peril.” The
court further held that “for as long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle mited to a “visual search”,
checks cannot be regarded as violation of an individuals right against unreasonable search.”

s bill seeks to further regulate the installation and maintenance of checkpoints in
order to abate, if not totally stop, untoward incidents that occur in checkpoints that violate the
basic rights of our people.

The early approval of this bill is therefore urged.

ROI

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEE)

H CONGRESS
First Regular Session

House Bill No. 526

Introduced by Hon. Rodolfo G. Biazon

AN ACT
‘THE INSTALLATION AND MAINTENANCE OF
CHECKPOINTS

REGULATI

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

TION. 1. When Checkpoints Can be Maintained. — No checkpoints shall be
maintained except under exceptional circumstances such as when there is a clear and present
danger to national security, public safety or public health or when the survival of the
organized government is on the balance, or when the lives or safety of the people are in grave
peril.

2. Establishment of Checkpoints. ~ No checkpoint shall be established or
ed without a warrant issued by competent authority and the mission order
authorizing the same: Provided, however, That when a warrant cannot be obtained due to lack
of material time, a checkpoint shall be maintained on the strength of a mission order duly
issued in accordance with law by the proper authorities accompanied by the application for a
warrant. Unless a proper application for a warrant is made, mission orders shall have no force
and effect.

The Chief Executive of the locality where the checkpoint is to be established or
maintained shall be furnished with a copy of the pertinent documents.

In the absence of a warrant or mission order, checkpoint personnel shall limit the
scope of their inquiry to visual inspection and ascertaining the identity and other personal
circumstances of the person, or in case a vehicle is being inspected, checkpoint personnel
shall have the right to ascertain the identity of its registered owner. Pursuant to or in the
course of the inquiry, contraband or other prohibited goods or items in plain view may be
validly seized.

The mission orders, as well as the regulations and guidelines thereof, shall be posted
at the city hall or municipal building and at the public market of the place, as well as at the
checkpoint site itself as soon as the checkpoint is established. In any case, the pertinent

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documents shall be made available at the checkpoint for the scrutiny of any person affected
thereby.

See. 3. Training of Checkpoint Personnel. — No person shall be stationed at any
checkpoint without first undergoing extensive training for not less than one (1) month on
checkpoint management, maintenance or operation, as well as human relations. The city or
provincial commander of the Philippine National Police (PNP) shall conduct the training.

See. 4. A Conduct of Checkpoint Personnel. ~ Any person manning the checkpoint
shall wear his official uniform complete with name patch or nameplate at all times. He shall
likewise courteously identify himself, his unit and commanding officer, and shall present a
proper warrant or mission order to any person subject to search. He shall be careful in the
handling of the person searched or of the things, papers and effects seized, and shall be
prohibited from holding such person or thing longer than required by the attendant
circumstances.

‘Any frisking or bodily searched by virtue of a warrant or mission order shall be
conducted with due respect for human dignity by an authorized person of the same sex.

Sec. 5. Influence of Liquor. — Any person who is under the influence of liquor or any
other intoxicating substance shall not be allowed to man the checkpoint.

Sec. 6. Arrest. — The person effecting an arrest shall inform the arrested person of his
constitutional rights. The person arrested shall be turned over to the city or municipal judge
of the city or municipality of the place where the checkpoint is maintained within the item
specified in Article 125 of the Revised Penal Code from the time of such arrest. The judge
concerned shall serve written notice to the prosecutor concerned within twenty-four (24)
hours from the turnover of the arrested person. If warranted, the prosecutor shall file the
necessary complaint or information within ten (10) days from notice. Otherwise, the person
arrested shall be released.

Sec. 7. Seizure. — The person effecting seizure of a thing shall issue the corresponding
receipt to the owner or possessor thereof, particularly describing the thing seized. The thing
seized shall be tured over to the city or municipal judge of the city or municipality of the
place where the checkpoint is maintained within three (3) hours from the time of seizure. The
judge concerned shall serve written notice to the prosecutor concerned within twenty-four
(24) hours from the tumover of the thing seized. If warranted, the prosecutor shall file the
necessary complaint or information within ten (10) days from notice. Otherwise, the thing
shall be held in trust for its owner until its return to him.

Sec. 8 . Liability of Parties. ~ Persons manning the checkpoint shall be liable for any
damage caused by reason of any unreasonable search or seizure. In such a case, recourse may
be had against the government, which can then claim reimbursement from the erring person.
s right of recourse is not limited by the insolvency of the tortfeasor.

This section shall be without prejudice to the filing of a case under Article 32, par. (9)
of the Civil Code of the Philippines and Article 129 of the Revised Penal Code.


Sec. 9. Dismantling of Checkpoints. - Any checkpoint shall be immediately
dismantled when there is no more clear and present danger to national security, public safety
or public health.

See. 10. Penalties. — Any violation of the provisions of this Act shall be punished with
the corresponding penalty prescribed by the Revised Penal Code in addition to nay
administrative sanction that may be prescribed by the Revised penal Code in addition to any
administrative sanction that may be prescribed by law

Sec, 11. Repealing Clause. — All laws, decrees, orders including Executive Order Nos
59 and 272, rules and regulations, and all other issuances, or parts thereof, which are
inconsistent with this Act are hereby repealed or modified accordingly.

12. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
tion in two (2) newspapers of general circulation.

Approved,