Valmonte v. De Villa [G.R. No. 83988.

September 29, 1989]

Facts:
On 20 January 1987, the National Capital Region District Command
(NCRDC) was activated pursuant to Letter of Instruction 02/87 of the
Philippine General Headquarters, AFP, with the mission of conducting
security operations within its area of responsibility and peripheral areas,
for the purpose of establishing an effective territorial defense, maintaining
peace and order, and providing an atmosphere conducive to the social,
economic and political development of the National Capital Region. As
part of its duty to maintain peace and order, the NCRDC installed
checkpoints in various parts of Valenzuela, Metro Manila.
Petitioners aver that, because of the installation of said checkpoints, the
residents of Valenzuela are worried of being harassed and of their safety
being placed at the arbitrary, capricious and whimsical disposition of the
military manning the checkpoints, considering that their cars and vehicles
are being subjected to regular searches and check-ups, especially at night
or at dawn, without the benefit of a search warrant and/or court order.
Their alleged fear for their safety increased when, at dawn of 9 July 1988,
Benjamin Parpon, a supply officer of the Municipality of Valenzuela,
Bulacan, was gunned down allegedly in cold blood by the members of the
NCRDC manning the checkpoint along McArthur Highway at Malinta,
Valenzuela, for ignoring and/or refusing to submit himself to the
checkpoint and for continuing to speed off inspire of warning shots fired in
the air. Petitioner Valmonte also claims that, on several occasions, he had
gone thru these checkpoints where he was stopped and his car subjected
to search/check-up without a court order or search warrant. Instances
have occurred where a citizen, while not killed, had been harassed.
Petitioners contended that the checkpoints gave the respondents blanket
authority to make searches and seizures without search warrant or court
order in violation of the Constitution. Finally, on 17 July 1988, military and
police checkpoints in Metro Manila were temporarily lifted and a review
and refinement of the rules in the conduct of the police and military
manning the checkpoints was ordered by the National Capital Regional
Command Chief and the Metropolitan Police Director.
Issue:

The question was raised as to whether or not checkpoints violate the right
of the people against unreasonable search and seizures.
Held:

The Supreme Court held to dismiss the petition. True, the manning of
checkpoints by the military is susceptible of abuse by the men in uniform,
in the same manner that all governmental power is susceptible of abuse.
But, at the cost of occasional inconvenience, discomfort and even irritation
to the citizen, the checkpoints during these abnormal times, when
conducted within reasonable limits, are part of the price we pay for an
orderly society and a peaceful community. Between the inherent right of
the state to protect its existence and promote public welfareand and
individuals right against a warrantless search which is however
reasonably conducted, the former should prevail.