A lawmaker has filed a bill aimed at regulating the installation and maintenance of checkpoints in the country.
Muntinlupa Rep. Rozzano Rufino Biazon said Saturday the decision of the Supreme Court upholding the authority of the military or police to install checkpoints makes it imperative for Congress to enact a law that will safeguard the defined constitutional rights of the people against unreasonable searches or seizures.
The proposed measure provides that there will be no checkpoint 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.
Biazon said if the checkpoints installed have no proper application for a warrant, that checkpoint should have no effect. Warrants to install checkpoint should be issued by competent authority and the mission order authorizing it should be the same.
Biazon said the police or military that will install the checkpoint will have to coordinate with the local executive concerned and furnish him or her with a copy of pertinent documents.
In the absence of a warrant or mission order, checkpoint personnel shall limit the scope of their inquiry to visual inspection and ascertain the identity and other personal circumstances of the person or vehicle being inspected.
Checkpoint personnel have the right to ascertain the identity of its registered owner. During the course of inquiry, contraband or other prohibited goods or items in plain view maybe validly seized by checkpoint personnel.
Biazon also specified in his bill that mission order to install and maintain checkpoints and its guidelines and regulations must be posted on the city hall or municipal building, public market and to the place itself wherein the checkpoint will be established. Pertinent documents should also be made available at the checkpoint for the scrutiny of any person affected.
Biazon said the checkpoint personnel should undergo trainings in manning, managing, maintaining, operating, checkpoints, as well as training in human relationship. During the assignment of all Philippine National Police (PNP) or military personnel, they should be wearing complete uniform with their nameplate visible at all times.
Checkpoint personnel are also banned from drinking liquor or any intoxicating substance while manning the checkpoint.
All seizures made by checkpoint personnel should be properly accounted for and a receipt should be issued to the owner and immediately turnover to the city or municipality that have jurisdiction over the checkpoint.
Violation on the provisions of the proposed 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 law.