Issuing authority and legal mandate
- The Commission issues the circular pursuant to its constitutional mandate to administer and control the Philippine National Police.
- The PNP HPG is designated as the Office of Primary Responsibility (OPR) for establishing the checkpoints.
- Checkpoints must be established in coordination with (1) the local police units with territorial jurisdiction over where the ports are located and (2) the Philippine Ports Authority (PPA).
Policy purpose and rationale
- Police presence through visibility is treated as an accepted deterrent to crime and supports public peace of mind and freedom of movement.
- The circular requires an urgent expansion of checkpoint presence to help curb and prevent carnapping, especially given the spate of incidents and the proliferation of used/secondhand parts taken from carnapped motor vehicles or from unlicensed dealers/suppliers sold in surplus stores or by individuals.
- Establishing checkpoints on roads leading to all ports is mandated to contain the moving/shipping in/out of carnapped motor vehicles and related parts, and to apprehend persons involved in these illegal activities.
- The checkpoint program is framed as part of intensified operations related to crimes committed on highways using motor vehicles, including carnapping and related highway crimes.
Checkpoint coverage, staffing, and coordination
- Checkpoints must be established on roads leading to all Ports in the Philippines.
- Checkpoint operations must involve PNP operating units divided into teams, specifically a searching team and a security team.
- The security team is the only team authorized to display high-powered firearms, positioned to best provide security to the group including themselves.
- Checkpoint personnel must be coordinated with local police units that have territorial jurisdiction where the ports are located, and with the PPA.
Courtesy, conduct, and operational limitations
- Checkpoint personnel must accord due courtesy to traders, motorists, and commuters, including greeting, asking apology for inconvenience, appealing for understanding, stating reasons for cooperation, and providing gratitude after the search.
- Violations or infractions discovered during checkpoint operations must be disposed of expeditiously under the procedures provided in the rules, and arrests must observe the “Miranda Doctrine.”
- Checkpoint personnel must not confine their role to law enforcement and crime deterrence; they must be ready to provide police assistance nearby, such as giving directions to people who seek help.
- PNP operating units must provide their own logistical and financial requirements to avoid soliciting support from civilians for their personal or operational needs.
- Voluntary offers of cash or in-kind from traders or motorists passing the checkpoint must be absolutely refused, because such offers may be misconstrued as a bribe.
- The composition of checkpoint personnel is left to the sound discretion of the PNP unit commander.
- Searches, seizures, and arrests in checkpoints must be done with civility, with due respect to innocent passersby, commuters, or bystanders, and in a manner that is least inconvenient to the public.
- Checkpoint areas must be properly lighted and legible, and clear signs must be exhibited to show that searches are being conducted.
- Enforcement officers must wear the proper prescribed uniform at all times, and must display identification cards and nameplates.
- In Metro Manila and other major cities, enforcement officers must not wear battle dress uniforms or black fatigues in lieu of PNP GOA unless the checkpoint results from a hot pursuit operation.
- Checkpoint personnel must preferably be led by an officer of at least the rank of Police Inspector.
- Checkpoint personnel are prohibited from mulcting, extorting, or harassing drivers, passengers, traders.
Search limitations and use of force rules
- Searches at checkpoints are limited to visual search.
- The vehicle and occupants must not be subjected to physical search.
- Passengers must not be required to alight from the vehicle during checkpoint searches.
- An extensive search is allowed only when (1) officers conducting the search have probable cause to believe they would find evidence of a crime in the vehicle to be searched, and (2) there is no sufficient time to secure a valid warrant; in that case, passengers shall be required to alight to effect the search.
- When checkpoints are ignored and motorists/suspects bump the roadblock to elude arrest or avoid inspection, the team leader must immediately contact adjacent units and conduct dragnet operations, while those at the checkpoint pursue the fleeing vehicle.
- Warning shots are prohibited because they may create confusion for drivers and passengers; megaphones or police sirens must be used instead during pursuit.
- The plate number of the vehicle must be noted and given to other units in adjacent areas to prevent the vehicle from eluding the pursuit operation.
- If occupants of the vehicle fire on checkpoint personnel, reasonable force may be employed to overcome the suspects’ aggression.
Sanctions and liability for non-compliance
- The Chief of Office/Unit and PNP personnel who fail to strictly observe and comply with the guidelines and procedures must be dealt with under existing rules and regulations.
Repeal and modification of inconsistent rules
- All other NAPOLCOM issuances or portions thereof that are contrary to or inconsistent with this circular are modified or repealed accordingly.