Spot checkpoints may be put up during the election period – Comelec

By Rutchie C. Aguhob

Monday 14th of January 2013

OROQUIETA CITY, Misamis Occidental, Jan. 14 (PIA) -- Where circumstances warrant, spot checkpoints may be established in locations other than those already put up by the Commission on Elections (Comelec) in a locality, during the election period, from Jan. 13-June 12, 2013.

However, any search conducted at these checkpoint must be made only by members of the unit designated to man the same and should be done in a manner that imposes minimum inconvenience on the person(s) so searched, to ensure that their civil, political and human rights are not violated.

This provision in Resolution No. 9588, in connection with the May 13, 2013 national and local elections, also provides that any unit designated to man a Comelec checkpoint must be led by a regular member of the Armed Forces of the Philippines (AFP) or the Philippine National Police (PNP) with a rank of at least lieutenant/ inspector.

It also provides that the AFP and PNP personnel manning the checkpoints must be in complete uniform and must not be under the influence of liquor/drug, any violation of which, will make the offender and his CO/TL jointly liable for administrative/criminal action.

Meanwhile, a briefing must be given by the CO/TL to all members of the unit who will be designated to man the checkpoints, with emphasis on the proper manner of searching with reasonableness.

As a rule, a valid search must be authorized by a search warrant duly issued by an appropriate authority, but a warrantless search can be made in the following cases:

Moving vehicles and the seizure of evidence made in plain view and as long as the vehicle is neither searched nor its occupant/s subjected to a body search and the inspection of the vehicle is merely limited to a visual search.

When the occupant/s of the vehicle appear to be nervous or suspicious or exhibit unnatural reaction and on the basis of prior confidential information which are reasonably corroborated by other attendant matters.

If the officer conducting the search has reasonable or probable cause to believe that either the occupant/s is a law offender or that the instrumentality or evidence pertaining to the commission of a crime can be found in the vehicle to be searched.
(RCA-PIA10, Misamis Occidental)