The Commission on Elections (Comelec) has released a resolution enumerating certain guidelines on the checkpoints that will be hoisted for the coming May 2022 national and local elections.
In resolution 10741 promulgated on Dec. 16, Comelec said that it will be deploying checkpoints to effectively implement the firearms ban during the election period.
Under the resolution, Comelec said that there shall be at least one Comelec checkpoint in each city or municipality. Additional checkpoints however, including those coming from other Philippine National Police or Armed Forces of the Philippines (AFP) commands outside the city or municipality shall be established in coordination with the Election Officer (EO) having jurisdiction over the city or municipality.
It added that the EO will be posting the locations of the Comelec checkpoints at the Office of the Election Officer (OEO), and the respective offices of the PNP and AFP.
Comelec said that any unit designated to man a Comelec checkpint must be led by a regular member of the AFP or the PNP with a rank of at least Lieutenant or Police Lt. and in the absence of these ranks, the highest ranking officer shall make a special designation of a lower ranking officer or non-commissioned officer to act as a commanding officer or team leader of the checkpoint.
An adequate number according to the Comelec, of AFP and PNP personnel shall man the checkpoints and must be in complete service uniform with the name plates and other identification tags clearly visible and readable, and shall not be under the influence of alcohol or illegal drugs.
Comelec also reminded the checkpoints must be well-lighted, properly identified and manned with uniformed personnel.
"It must be well-lighted so as to allow those who will pass through it to easily identify the AFP/PNP uniformed personnel manning the checkpoints with their nameplates and other identification tags clearly visible and readable," Comelec said.
"Upon approach to any Comelec checkpoint, the team manning it must require the motorists to slow down, as well as courteously request to dim the vehicle headlights and turn on cabin lights. In a checkpoint inquiry, the occupants cannot be compelled to step out of the vehicle," it added.
Comelec said that "only visual search is required" and that the search which is normally permissible is limited to visual search where the officer simply looks into the vehicle and flashes a light without opening the car doors.
It added that no person may be subjected to a physical or body search without any reasonable ground to believe that he or she has just committed, is about to commit, or is committing a crime.
"The public is not obliged to open the glove compartment, trunk or bags. The personnel manning the checkpoint cannot compel the motorists to open the trunk or glove compartment of the vehicle or any package contained," Comelec explained.
The resolution also stated that only ordinary or routine questions may be asked with courtesy. Checkpoint may involve only a brief detention of travelers during which the vehicle's occupants are required to answer a brief question or two.
If further mentioned that in case of any violation, incident or untoward circumstance during the conduct of Comelec checkpoint, a report must be made and submitted to the EO within 24 hours to ensure proper monitoring and reporting of violations.
With regard to searches at a Comelec checkpoint, the poll body said that searches at any Comelec checkpoint must be made only by members of the unit designated to man the same. It should be done in a manner which will impose "minimum inconvenience" upon the persons searched that will not violate civil, political and human rights.