Rep. Biazon pushes bill regulating checkpoints

PHOTO/ RICHARD A. REYES

MANILA, Philippines–Efforts are underway for a tougher regulation of government checkpoints to help prevent incidents, such as the killing of 13 alleged criminals in Atimonan town, Quezon province last Jan. 6.

Muntinlupa Rep. Rodolfo Biazon has a pending bill limiting checkpoints to “exceptional circumstances” like “when there is a clear and present danger to national security, public safety or public health.

The condition will also cover instances when “the survival of the organized government is on the balance, or when the lives or safety of the people are in grave danger,” according to House Bill No. 3035.

Pending at the 15th Congress for two years now, the legislative measure also requires a warrant “issued by competent authority” and a mission order. Authorities could go ahead with a checkpoint with only a mission order, provided that there is a corresponding application for a warrant.

“The installation and maintenance of checkpoints due to the existence of a clear and present danger to national security, public safety, or public health has given rise to deplorable incidents caused by irresponsible and abusive checkpoint personnel,” Biazon said in the explanatory note.

Under his proposed “Act Regulating the Installation and Maintenance of Checkpoints,” checkpoint personnel will be required to undergo training on “checkpoint management, maintenance or operation, as well as human relations” for at least one month.

“[The personnel] shall be careful in the handling of the person searched or of the things, papers and effects seized, and shall be prohibited from holding such person or thing longer than required by the attendant circumstances,” according to the bill.

“Any frisking or bodily search by virtue of a warrant or mission order shall be conducted with due respect for human dignity by an authorized person of the same sex.”

Police and military personnel are now under fire over the suspected rubout the group led by alleged “jueteng” operator Victor “Vic” Siman in Atimonan. The National Bureau of Investigation has yet to complete its investigation into the incident.

The Biazon bill puts up a number of safety nets to help ensure that checkpoints would not violate individual rights.

Checkpoint personnel, for instance, will be required to issue receipts on confiscated items. The seized items would then be submitted to the concerned city or municipal judge “within three hours.”

“Persons manning the checkpoint shall be liable for any damage caused by reason of any unreasonable search or seizure,” according to the bill. “In such a case, recourse may be had against the government, which can then claim reimbursement from the erring person.”