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De Villa
G.R. No. 83988 (173 SCRA 211)
September 29, 1989
TOPIC: SEARCH and SEIZURE: The Checkpoint Case
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 Atty. Ricardo Valmonte, who is a resident of Valenzuela, Metro
Manila, and the Union of Lawyers and Advocates For Peoples Rights (ULAP) sought
the declaration of checkpoints in Valenzuela, Metro Manila and elsewhere as
unconstitutional. In the alternative, they prayed that respondents Renato De Villa
and the National Capital Region District Command (NCRDC) be directed to formulate
guidelines in the implementation of checkpoints for the protection of the people.
Petitioners contention:
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 ,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 for
ignoring and/or refusing to submit himself to the checkpoint and for continuing to
speed off inspite of warning shots fired in the air.
Checkpoints gave the respondents blanket authority to make searches and
seizures without search warrant or court order in violation of the Constitution.
ISSUE
Do the military and police checkpoints violate the right of the people against
unreasonable search and seizures?
HELD
NO, military and police checkpoints DO NOT violate the right of the
people against unreasonable search and seizures.
The Court DISMISSED the petition.