FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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Introduced by Senator Antonio “Sonny” F. Trillaues lV 
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 111, Section 2). Likewise, our Constitution grants other defined 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 have 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. In the light of the recent decision of our 
Supreme Court upholding the authority of the military or police to install checkpoints, it 
becomes imperative for a law to be enacted to safeguard the defined constitutional rights of the 
people against unreasonable. searches or seizures or any other infringements of their 
constitutional rights. 
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 is limited to a ”visual search”, 
checks cannot be regarded as violation of an individual’s right against unreasonable search”. 
The early approval of this bill is therefore urged. 
A N T / O N ~  
“SONNY” FITRILLANES IV 
Senator 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHJLPPINES ) 
First Regular Session 
1 
Introduced by Senator Antonio “Sonny” F. Trillanes N 
AN ACT 
REGULATING THE INSTALLATION AND MAINTENANCE OF CHECKPOINTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SEC. 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. 
SEC. 2. 
Establishment of Checkpoints. No checkpoint shall be established or 
maintained 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 
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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 
documents shall be made available at the checkpoint for the scrutiny of any person affected 
thereby. 
SEC. 3. Authorized Personnel to Man Checkpoints. Only duly authorized persons shall 
be stationed at any checkpoints. The Checkpoint Personnel shall he able to supervise the 
checkpoints after undergoing a specific training to man the checkpoints. 
SEC. 4. Training of Checkpoint Personnel. - No person shall he 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 on human relations. The city or 
pmvincial commander of the Philippine National Police (PNP) shall be responsible in the 
conduct of the training. 
SEC. 5. 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 subjecf to search. He shall be careful in the handing 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 search 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. 
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SEC. 6. 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. 7. 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 as 
the case may be 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 tumover 
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. 8. 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 turned over to the city or municipal judge as the case may be 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. 9. Liubiliw of Purties. - 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. This 
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. 
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SEC. 10. 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. 
SEC. 11. 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 any administrative 
sanction that may be prescribed by the Revised Penal Code including any administrative sanction 
that may be prescribed by law. 
SEC. 12. 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. 
SEC. 13. Esfecth$@ Clause. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation. 
Approved, 
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