Police assure no manual searches in Comelec checkpoints

GUN BAN IMPLEMENTATION

AS provincewide checkpoints become imminent with the start of the implementation of the gun ban, in the absence of a final decision postponing the barangay and Sangguniang Kabataan elections set on October 23, the Philippine National Police (PNP) in Cebu assured that all policemen will comply with the “plain view” doctrine.

Simply put, the rule means that all checkpoints to be conducted by the PNP will be limited only to a visual search which is the proper manner of treating motorists passing through checkpoints set up for the election period.

Policemen can only seize contraband or illegal firearms that they see up front with their naked eye.

Both Cebu City Police Office (CCPO) and Cebu Provincial Police Office (CPPO) reminded their personnel to strictly follow the law in conducting checkpoints.

While police officers manning checkpoints are required to be vigilant in search of illegal firearms or other contraband, they must also be mindful of the rights of motorists.

CCPO director, Senior Supt. Joel Doria, said that police personnel are strictly prohibited from frisking drivers or commuters.

For his part, Supt. Virgilio Bayon-on, CPPO Public Community Relations (PCR) officer, cautioned cops against opening the glove compartments and trunks of vehicles.

“There are times lang nga maablihan siya especially mangayo mi og lisensiya sa mga drivers then usually sa ilahang box or glove compartment nila ibutang (There are times when the drivers themselves open their box or glove compartment especially when we ask for their license and they usually put it there). We sometimes also request them to open. Sila mo abli dili kami, (But its them who open the compartment not us),” Bayon-on said.

Under the rule, motorists can be frisked and the vehicle physically searched only if the checkpoint officers have “reasonable and probable cause to believe that the vehicle’s occupants are law offenders or that the instrumentality or evidence pertaining to the commission of a crime can be found in the vehicle to be searched.”

The checkpoint, under the supervision of the Comelec heads in the locality, should have a large sign indicating that it is a Comelec checkpoint and stating the name of the election officer supervising it.

However, the police, upon notifying Comelec, may set up additional “spot checkpoints” if they have information on the movement of crime suspects who must be intercepted.

The Comelec checkpoints are established mainly to enforce the election gun ban.

As of Monday, Bayon-on said provincial police have arrested three violators of the gun ban in the towns of San Fernando and Alcoy and in the city of Talisay.

There has yet been no arrests in Cebu City for violation of the gun ban which began midnight of October 1.

“Ibig sabihin nun, so far sumusunod pa yung mga kababayan natin sa implementation sa gun ban. Aware ang mga tao in a way we announce natin through media (This means, so far, our countrymen are following the law in the implementation of the gun ban. People are aware of it because we announced it through the media), said Doria.

“Nakiusap tayo na hanggang maari huwag ng magdala kasi suspended nga yung permits, (We pleaded that as much as possible, they should not carry their firearms because all permits are suspended)” Doria added.

Under Commission on Elections (Comelec) guidelines, only regular officers and members of the PNP, commissioned officers, non-commissioned officers and enlisted personnel of the Armed Forces of the Philippines (AFP), and regular officers, members, and agents of other law enforcement agencies like the National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), the chairmen and commissioners of constitutional commissions, and Comelec officials, among others are allowed to carry licensed firearms outside of their homes.