CHECKPOINTS! Valmonte v.

De Villa
It should be stated, at the outset, that nowhere in the questioned
decision did this Court legalize all checkpoints, i.e. at all times and
Under R.A. 4136, or the Land Transportation and Traffic Code, the
under all circumstances. What the Court declared is, that
general procedure for dealing with a traffic violation is not the
checkpoints are not illegal per se. Thus, under exceptional
arrest of the offender, but the confiscation of the drivers license of
circumstances, as where the survival of organized government is
the latter:
on the balance, or where the lives and safety of the people are in
SECTION 29. Confiscation of Driver's License. Law enforcement
grave peril, checkpoints may be allowed and installed by the
and peace officers of other agencies duly deputized by the
government. Implicit in this proposition is, that when the situation
Director shall, in apprehending a driver for any violation of this
clears and such grave perils are removed, checkpoints will have
Act or any regulations issued pursuant thereto, or of local
absolutely no reason to remain. No one can be compelled, under
traffic rules and regulations not contrary to any provisions of
our libertarian system, to share with the present government its
this Act, confiscate the license of the driver concerned and
ideological beliefs and practices, or commend its political, social
issue a receipt prescribed and issued by the
and economic policies or performance. But, at least, one must
Bureau therefor which shall authorize the driver to operate
concede to it the basic right to defend itself from its enemies and,
a motor vehicle for a period not exceeding seventy-two
while in power, to pursue its program of government intended for
hours from the time and date of issue of said receipt. The
public welfare; and in the pursuit of those objectives, the
period so fixed in the receipt shall not be extended, and shall
government has the equal right, under its police power, to select
become invalid thereafter. Failure of the driver to settle his case
the reasonable means and methods for best achieving them. The
within fifteen days from the date of apprehension will be a
checkpoint is evidently one of such means it has selected.
ground for the suspension and/or revocation of his license.

Admittedly, the routine checkpoint stop does intrude, to a certain

Similarly, the Philippine National Police (PNP) Operations
extent, on motorist's right to "free passage without interruption",
Manual provides the following procedure for flagging down
but it cannot be denied that, as a rule, it involves only a brief
vehicles during the conduct of checkpoints:
detention of travellers during which the vehicle's occupants are
SECTION 7. Procedure in Flagging Down or Accosting Vehicles
required to answer a brief question or two. 1 For as long as the
While in Mobile Car. This rule is a general concept and will not
vehicle is neither searched nor its occupants subjected to a body
apply in hot pursuit operations. The mobile car crew shall
search, and the inspection of the vehicle is limited to a visual
undertake the following, when applicable: x x x
search, said routine checks cannot be regarded as violative of an
m. If it concerns traffic violations, immediately issue a Traffic
individual's right against unreasonable search.
Citation Ticket (TCT) or Traffic Violation Report (TVR). Never
indulge in prolonged, unnecessary conversation or argument with
Routine checkpoint stops do not intrude similarly on the motoring
the driver or any of the vehicles occupants;
public. First, the potential interference with legitimate traffic is
minimal. Motorists using these highways are not taken by surprise
This Court has ruled that not all checkpoints are illegal. Those
as they know, or may obtain knowledge of, the location of the
which are warranted by the exigencies of public order and are
checkpoints and will not be stopped elsewhere. Second,
conducted in a way least intrusive to motorists are allowed. For,
checkpoint operations both appear to and actually involve less
admittedly, routine checkpoints do intrude, to a certain extent, on
discretionary enforcement activity. The regularized manner in
motorists right to "free passage without interruption," but it
which established checkpoints are operated is visible evidence,
cannot be denied that, as a rule, it involves only a brief detention
reassuring to law-abiding motorists, that the stops are duly
of travelers during which the vehicles occupants are required to
authorized and believed to serve the public interest. The location
answer a brief question or two. For as long as the vehicle is neither
of a fixed checkpoint is not chosen by officers in the field, but by
searched nor its occupants subjected to a body search, and the
officials responsible for making overall decisions as to the most
inspection of the vehicle is limited to a visual search, said routine
effective allocation of limited enforcement resources. We may
checks cannot be regarded as violative of an individuals right
assume that such officials will be unlikely to locate a checkpoint
against unreasonable search. In fact, these routine checks, when
where it bears arbitrarily or oppressively on motorists as a class,
conducted in a fixed area, are even less intrusive. (People v. Escano)
and since field officers may stop only those cars passing the
checkpoint, there is less room for abusive or harassing stops of
As a rule, a valid search must be authorized by a search warrant
individuals than there was in the case of roving-patrol stops.
duly issued by an appropriate authority. However, this is not
Moreover, a claim that a particular exercise of discretion in locating
absolute. Aside from a search incident to a lawful arrest, a
or operating a checkpoint is unreasonable is subject to post-stop
warrantless search had been upheld in cases of moving vehicles
judicial review.
and the seizure of evidence in plain view, as well as the search
conducted at police or military checkpoints which we declared are
As already stated, vehicles are generally allowed to pass these
not illegal per se, and stressed that the warrantless search is not
checkpoints after a routine inspection and a few questions. If
violative of the Constitution for as long as the vehicle is neither
vehicles are stopped and extensively searched, it is because of
searched nor its occupants subjected to a body search, and the
some probable cause which justifies a reasonable belief of the men
inspection of the vehicle is merely limited to a visual search.
at the checkpoints that either the motorist is a law-offender or the
contents of the vehicle are or have been instruments of some
Military or police checkpoints have also been declared to be not
offense.
illegal per se as long as the vehicle is neither searched nor its
occupants subjected to body search, and the inspection of the
vehicle is merely visual. (People v. Lacerna)
PNP MANUAL: of the nature of his violation. Demand to see the drivers
11.1 Authority to Establish Checkpoints license, photocopies of the certificate of registration and the
DEFINITION: Checkpoint is a place where the police check official receipt. Examine these documents and counter-check
vehicular/ pedestrian traffic in order to enforce circulation control the driver on the information reflected therein
measure and other laws, orders, and regulations. 3. If it concerns traffic violations, immediately issue a Traffic
The establishment of checkpoints must always be authorized by Citation Ticket (TCT) or Traffic Violation Report (TVR). Never
the Head of Office of the territorial PNP Unit and manned by indulge in prolonged, unnecessary conversation or argument
uniformed PNP personnel. with the driver or any of the vehicles occupants;
Other units directly involved in an operation may establish mobile 4. In case of other violations that require the impounding of the
checkpoints in coordination with the Unit Commander in the area. vehicle, inform the driver regarding this situation and instruct
him to follow you, after issuing the TCT/ TVR; and
COMPOSITION: 5. Before moving out, inform Headquarters regarding the
1. Team Leader situation/status and disposition of the person and motor
2. Spotter vehicle accosted.
3. Spokesperson
4. Investigation Sub-team
5. Search/Arresting Sub-team
6. Security Sub-team
7. Blocking/Pursuing Sub-team

REQUIREMENTS:
1. As much as possible, the area where the checkpoints shall be
established must be properly lighted, with a noticeable
signage bearing the name of the PNP unit and the
participating organization/s visibly displayed in the checkpoint
site, to prevent any apprehension from the public of the
existence of the same.
2. Mobile checkpoints are authorized only when established in
conjunction with ongoing police operations. Only officially
marked vehicles with blinkers turned on, if available, shall be
used in establishing mobile checkpoints.
3. The minimum Police Checkpoint team should at least be
composed of an 8-man complement, with three verifiers, one
spotter, one TL, one profiler, one rear security and one
advance security.
4. The Team manning checkpoints must have immediate contact
with the LGUs, Public Attorneys Office (PAO) or any member
of the Philippine bar, and/or the media (for drug cases).
5. In Metro Manila and other 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 checkpoint is a result of a
Hot Pursuit Operation or a High Risk Checkpoint. The use of
mixed uniforms (GOA, FSU, black fatigue) in the conduct of
checkpoint is strictly prohibited.

PROCEDURE:
1. Unit Commanders should inform Higher Headquarters (HHQs)
Tactical Operations Center (TOC) and coordinate with adjacent
units, such as MPS, CPS, NSUs, Public Safety Company Forces
and other friendly forces, personally or through an official
representative, before commencing with the checkpoint to
avoid misencounter and any untoward incident.

11.7 Procedure in Flagging Down or Accosting Vehicles

While in Mobile Car
This rule is a general concept and will not apply in hot pursuit
operations. The mobile car crew shall undertake the following,
when applicable:
1. Call Headquarters to provide information on the make or type
and plate number of the motor vehicle to be accosted and, if
possible, identity of occupants
2. Talk to the driver in a most courteous manner and inform him