As the Commission on Elections (Comelec) gun ban officially took effect last Sunday Jan. 12, 2025, signalling the start of the election period for the May 2025 National and Local Elections, various checkpoints were also deployed nationwide as part of the poll body's implementation of Resolution 11067.

Under this, it is stated that there shall be at least one Comelec checkpoint in each city/municipality, including its ports.

However, additional checkpoints, including those coming from other AFP/PNP/PCG commands outside the city/municipality, shall be established in coordination with the Election Officer who has jurisdiction over the city/municipality.

Comelec Chairman George Erwin Garcia reminded the public that checkpoints should not be feared; they are just part of the electoral process.

"Yung plainview doctrine, ay consistent na prinsipyo na laging sinasabi ng Korte Suprema sa lahat ng desisyon kapag magkakaroon ng mga search at seizure and at the same time kapag magkakaroon ng ganitong klaseng checkpoint (The plainview doctrine is a consistent principle that the Supreme Court always refers to in all its decisions regarding searches and seizures, as well as in cases involving this type of checkpoint)," he said.

"Naniniwala naman tayo na in place ng operational procedure ng Philippine National Police kapag ang pinag-uusapan ay mga checkpoint. Wala namang pagbabago whether sa checkpoint sa regular na araw at checkpoint kapag ganitong may election period (We believe that the operational procedures of the Philippine National Police are in place when it comes to checkpoints. There are no changes whether it's a regular day checkpoint or one during an election period)," he said.

In light of this, here are some important things to take note of regarding Comelec's checkpoints as mentioned under Section 84 of Resolution 11067:

• A Comelec checkpoint 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 AFP/PNP/PCG uniformed personnel manning the checkpoints with their name plates and other identification tags clearly visible and readable.
• Upon approach to any Comelec checkpoint, the team manning it must require motorist(s) to slow down and courteously request to dim the headlights and turn on cabin lights.
• In a checkpoint inquiry occupants cannot be compelled to step out of the vehicles.
• Only visual search is required. The search which is normally permissible is limited to visual search where the officer simply looks into the vehicle and flashes a light therein without opening the car's door.
• No person may be subjected to a physical or body search in the absence of any reasonable ground to believe that a person 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 motorist to open the trunk or glove compartment of the car or any package contained therein.
• Ordinary/routine questions may be asked with courtesy. Checkpoint may involve only a brief detention of travelers during which the vehicles occupants are required to answer a brief question or two.

According to Section 85 of the resolution, any search 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 person or persons earched, to the end that civil, political and human rights of any person are not violated.

As a rule, the resolution states that a valid search must be authorized by a search warrant duly issued by an appropriaate authority.

A warrantless search can be made in these cases:

• When the occupant/s of the vehicle/water craft appear/s to be suspicious or exhibit/s unnatural reaction, such that the uniformed member of the unit designated to man the checkpoint observes unusual conduct with convinces him/her to belive that a criminal activity exists; or
• On the basis of prior confidential information which are reasonably corroborated by other attendant matters.

Under Section 88 of the resolution, any person who would be arrested at a Comelec checkpoint must be treated humanely and with utmost respect for his or her constitutional rights.

Comelec Spokesman John Rex Laudiangco has stated that law enforcement agencies have the authority to conduct deeper investigations if they have reasonable grounds for suspicion but assured that all of these will adhere to the guidelines of the Comelec gun ban as well as the protocols for checkpoints.

"Magiging mahigpit po tayo diyan dahil ang layunin po natin, bukod sa pagsasagawa ng maayos na halalan ay seguridad ng ating mga kababayan lalung-lalo na iyong mga kandidato at botante. So, ito po ay asahan ninyo mula Jan. 12 hanggang June 11 (We will be strict with this because our goal, aside from ensuring an orderly election, is the safety of our citizens, especially the candidates and voters. So, you can expect this from Jan. 12 to June 11)," he added.