THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
’04 
,ilJi -2 A 9 :08 
First Regular Session 
1 
S E N A T E  
S.No. 
1309 
Introduced by Senator 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 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. 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
) 
OF THE PHILIPPINES 
) 
'04 AI- -2 /\9:08 
Introduced by Senator Biazon 
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 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. 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. 
SEC. 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 turned 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 turnover 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. 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. 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. 
SEC. 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. 
SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (1 5 )  days after its 
publication in two (2) newspapers of general circulation. 
Approved,