NINETEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
of the &"•:< etiiip
First Regular Session
23 MAR-7 P5 *14
S.B. No.
Introduced by: Senator Raffy T. Tulfo
AN ACT REGULATING THE ESTABLISHMENT OF CHECKPOINTS IN 
CONJUNCTION WITH ONGOING POLICE OPERATIONS
Explanatory Note
According to Section 2 of the Bill of Rights, people are entitled to be secure in their 
persons, houses, papers, and effects against unreasonable searches and seizures of 
whatever nature and for any purpose inviolable. Moreover, the Constitution also grants 
other defined rights to a person who has been arrested such as:
1. Any person under investigation for the commission of an offense shall have 
the right to be informed of his right to remain silent and to have competent 
and independent counsel preferably of his own choice. If the person cannot 
afford the services of counsel, he must be provided with one. These rights 
cannot be waived except in writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which 
vitiate the free will shall be used against him. Secret detention places, 
solitary, incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 
hereof shall be inadmissible in evidence against him.


4. The law shall provide for penal and civil sanctions for violations of this 
section as well as compensation to and rehabilitation of victims of torture 
or similar practices, and their families.
With that being said, the installation and maintenance of checkpoints due to the 
presence of a clear and present danger due to national security and public safety have 
resulted in serious violations from irresponsible and abusive checkpoint personnel. More 
often than not, motorcycles are also the ones stopped at checkpoints, these include food 
delivery riders and couriers. In response, this proposed measure's guidelines for 
checkpoints must be implemented uniformly for all motorists whether they are driving 
two, three, or four-wheeled vehicles.
This bill seeks to regulate the establishment of checkpoints in order to prevent any 
other infringements of the constitutional rights of people against unwarranted searches.
In light of this, the immediate passage of this bill is earnestly sought.


NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
of lljc ^fer:1 Mrp
23 MAR “7 P5:M
SENATE
f J
S.B. No. 1977
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Introduced by: Senator Raffy T. Tulfo
AN ACT REGULATING THE ESTABLISHMENT OF CHECKPOINTS IN 
CONJUNCTION WITH ONGOING POLICE OPERATIONS
Be it enacted by the Senate and House of Representatives of die Philippines in 
Congress assembled:
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Section 1. Short Tide. - This Act shall be known as the " Checkpoint Regularization
Act".
Sec 2. Declaration of Policy. - It is hereby declared the policy of the State to 
institutionalize the safety of all the people in the Philippines by regulating the 
estabiishment of checkpoints only in conjunction with ongoing police operations and other 
iaw enforcement operatives authorized by law to conduct checkpoints.
Sec 3. Definition of Checkpoint - Checkpoints refer to a place where police check 
vehicular or pedestrian traffic in order to enforce circuiation control measures and other 
laws, orders, and regulations when there is a need to arrest a criminal or fugitive from 
justice.
Sec 4. Authority to Establish Checkpoints. - The PNP Highway Patrol Group (PNP 
HPG), which is the main operating unit of the PNP in charge of the promotion of traffic 
safety along highways and the conduct of operations against carnapping, hi-jacking, and 
other crimes committed on the highways with the use of motor vehicles shall be the Office 
of Primary Responsibility (OPR) for the establishment of checkpoints in coordination with


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the local police units which has territorial jurisdiction where the ports are located and the
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Philippine Ports Authority (PPA)
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Sec 5. Composition of Checkpoint Officers. - The checkpoint team shall be
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composed of, but not limited to, the following:
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a. Team Leader shaW lead and take responsibility for the conduct of the checkpoint,
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and is an officer with the rank of at least a Police Inspector;
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b. Spotter refers to PNP personnel who will point or profile the suspected vehicle
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subject for checkpoint;
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c. Spokesperson refers to the member who is in charge of communicating with the
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motorists subject to the checkpoint;
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d. Investigation Sub-team refers to members who are in charge of the investigation
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and documentation of possible incidents in the checkpoint including the issuance
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of a Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR);
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e. Search or Arresting Sub-team refers to members designated to conduct search,
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seizure, and arrest, if necessary;
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f Security Sub-team refers to members tasked to provide security in the checkpoint
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area; and
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g. Blocking or Pursuing Sub-team refers to members tasked to block or pursue fleeing
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suspects and their vehicles.
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Sec 6. Guidelines in Establishing Checkpoints. - The following guidelines shall be
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followed in the establishment of a checkpoint:
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1. PNP personnel manning the checkpoint must have a presentable
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appearance, wearing the prescribed PNP uniform. Likewise, the civilian
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members must also be in their organization's uniform with their names
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conspicuously displayed for identification. In no case shall civilian
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components be allowed to bear firearms during the checkpoint.


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2. Only the security sub-team and blocking or pursuing sub-team members 
are allowed to display high-powered firearms and should be positioned 
where they can best provide security to the checkpoint team.
3. In all major cities, police officers manning the checkpoints should not wear 
Field Service Uniforms (FSU) or black fatigues in lieu of the PNP General 
Office Attire unless the conduct of the checkpoint is a result of a Hot Pursuit 
Operation. The use of mixed uniforms (GOA, FSU, black fatigue) in the 
conduct of checkpoints is strictly prohibited.
4. The area where the checkpoints shall be established must be properly lit, 
with noticeable signage bearing the name of the PNP unit and the 
participating organizations visibly displayed at the checkpoint site.
5. Due courtesy must be accorded to motorists, traders, and commuters 
during the conduct of the checkpoint.
6. The spokesperson must greet the people subject to inspection, extend an 
apology for the inconvenience, appeal for understanding, and state the 
reasons for the operation. Upon completion, thank the persons searched.
7. The conduct of inspection of all vehicles, including motorcycles, during a 
routine checkpoint is limited to a visual search, occupants are not subjected 
to a physical or body search, and therefore must be done with due respect 
to the innocent passers-by, commuters, or bystanders, and must be 
conducted in a manner with the least inconvenience to the public.
8. Violations or infractions of the law discovered during the checkpoint 
operation shall be expeditiously disposed of following legal procedures; an


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arrested person must be apprised of their rights with respect to the Miranda 
Doctrine.
9. The PNP operating units must provide their own iogisticai and financiai 
requirements to avoid soliciting support from civilians for their personal or 
operational needs.
10. Police personnel assigned to the checkpoint shall not mulct, extort, or 
harass drivers, passengers, and traders.
11. The police and 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.
Sec 7. 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 on human relations. The 
city or provincial commander of the Philippine National Police (PNP) shall be responsible 
for the conduct of the training.
Sec 8. 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 9. Procedure in the Conduct of Regular Police Checkpoint - The following 
measures shall be followed when conducting a regular police checkpoint:
1. Unit Commanders should inform Higher Headquarters (HHQs) Tactical 
Operations Center (TOC) and coordinate with adjacent units such as MPS, 
CPS, NSUs, and Public Safety Company Forces personally or through an 
official representative, before commencing with the checkpoint to avoid any 
untoward incident;


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2. The Team Lead shall brief the PNP personnel, as well as the civilian 
components present, regarding the proper conductor of the checkpoint and 
their assigned task prior to their deployment;
3. The Team Lead shall account for the PNP personnel and check if they are 
in the prescribed uniform.
4. PNP personnel conducting the checkpoint shall display their nameplates at 
all times, and their equipment will include, but not limited to, the following:
a. Marked patrol vehicles;
b. Firearms with basic load ammunition;
c. Handheld and vehicle base radios;
d. Flashlights;
e. Megaphone;
f. Video Camera; and
g. Signage such as warning signs (Slowdown Checkpoint Ahead, Checkpoint 
20 Meters Ahead, etc) and Information Signs (name of the unit and team 
lead);
5. The Spotter of the team will be pre-positioned in a place where he can best point 
or profile suspected vehicles prior to their approach to the checkpoint;
6. Search or Arresting Sub-Team shall flag down the suspected vehicles and conduct 
search, seizure, and arrest, if necessary;
7. In the event of seized drugs, the team having initial custody and control of the 
drugs shall immediately conduct a physical inventory and photograph the same in 
the presence of the accused or persons from whom such items were confiscated


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or seized, or their representative or council, a representative from the media and 
DOJ, any elected public official who shall be required to sign the copy of the 
inventory and be given a copy thereof;
8. Arrested persons and seized items shall be turned over to the investigation sub­
team for documentation and proper disposition;
9. Inform Higher Headquarters before terminating the conduct of the checkpoint;
10. The Team Lead shall conduct a debriefing of personnel after the termination of 
the checkpoint;
11. Unit Commanders shall submit After-Activity Report to Higher Headquarters.
Sec 10. Procedure of Personnel in Cases where Checkpoint is Ignored and are 
Hostile. - 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 
suspect's aggression may be employed; reasonable force refers to the use of the 
minimum amount of force necessary to effect an arrest and protect the officer, or the 
other person, and defend one's property from a violent attack, theft, or other types of 
unlawful aggression.
Sec 11. 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 the 
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.


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Sec 12. Seizure. - The person effecting seizure of an object shall issue the 
corresponding receipt to the owner or possessor thereof, particularly describing the object 
seized. The object 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 turnover of the object seized. If warranted, the 
prosecutor shall file the necessary complaint or information within ten (10) days from 
notice. Otherwise, the object seized shall be held in trust for its owner until its return to 
him.
Sec 13. 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 filed 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.
Sec 14. 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 15. 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.


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Sec 16. Repealing Clause. - All laws, decrees, and orders including Executive Order 
Nos. 59 and 171, rules and regulations, and all other issuances, or parts thereof, which 
are inconsistent with this Act are hereby repealed or modified accordingiy.
Sec 17. Separability Clause. — If for any reason, any section or provision of this 
Act is deciared unconstitutionai or invalid, the other sections or provisions not affected 
thereby shall remain in full force and effect.
Sec 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in two (2) newspapers of general circulation.
Approved,