DETERRENCE FACTOR

March 8, 2025 Opinion

It is a little more than two months before the actual mid-term election culminates and newly elected public officials (public servants) get to bask in their victory. But for those who have become victims of poll violence the elections are either a time to grieve for the loss of a love one or be grateful for having survived an assassination or ambush. And for those killed during the period of elections, particularly those running for public office, a rather unfortunate and
terminal turn of events for them, deprived of the opportunity to serve, whether honorably or otherwise, their constituents and countrymen.

This is the predicament faced by the government especially when the time to choose leaders come around. For the Commission on Elections (COMELEC) thru its Chairperson Erwin Garcia it disclosed last Monday that there are already 29 validated election-related violent incidents (ERVIs) and that they are also in the process of validating 15 other violent incidents in the country that might be possibly related to the upcoming elections. It also comes as no surprise that most of these validated poll incidents happened in the Bangsamoro Autonomous Region in Muslim
Mindanao (BARMM), since the region has always been a hotbed of poll violence.

COMELEC Chairman Garcia also bared that they have already discussed the increasing number of poll violence in the BARMM with the Philippine National Police (PNP) headed by PNP Chief General Rommel Marbil. Garcia also mentioned that in their determination of what constitutes poll violence they put great weight in the fact that the victim of the violence is one running for office, occupying a public office or a relative of the person sitting in office when the incident occurred. However, knowing that there is an alarming increase in the number of violent incidents
connected to the elections is one thing and implementing measures to prevent the occurrence of these violent
incidents connected to the upcoming polls is another thing.

One preventive measure that serves to deter the commission of criminal acts is the putting up of police checkpoints, Whether fixed or mobile, in strategic locations along violence marred areas in the country. The effectiveness of these police checkpoints especially during the elections can never be underestimated. Even if there are some complaints about how these checkpoints are conducted and operated by personnel of the PNP it cannot be denied that creating restrictions in the mobility of criminal elements reduce their chances of successfully perpetrating their criminal intent. In the revised PNP manual for their operational procedures we find that there are stringent requirements in the establishment of a police checkpoint.

For one the composition of the team to man the checkpoint must be organic police personnel led by their team leader who may be a police commissioned officer (PCO), a lieutenant, captain or even major in rank, or if there is no PCO then the most senior police non-commissioned officer which is usual a sergeant. The team leader will supervise the
following PNP personnel who will be manning the established checkpoint, namely: a. A spotter or profiler whose task is to point our or profile a suspected vehicle subject for checkpoint, b. Verifiers who will conduct document verification, c. search or arresting personnel who shall conduct the search and seizure of illegal items if found and the arrest of the offenders, and d. forward and rear security personnel who shall provide security in the checkpoint.

While it is admitted that checkpoints are restrictions in the right to travel and perhaps even to the right to privacy, it
must be pointed out that sometimes some rights have to be temporarily sacrificed in order to obtain the welfare and
for the good of the majority. For the COMELEC, since the deterrence of poll violence is not only the concern of the
government but the entire Filipino community as a whole then perhaps it might be in the best interests of everybody if the community itself is allowed to participate in these checkpoints, particularly through the barangay where these checkpoints are established.

Having public officials, such as barangay officials or their tanods, as well as members from civil society organizations (e.g. communication groups), help serve as force multipliers acting as additional eyes and ears in monitoring any suspicious activity in the areas where these checkpoints are established. Finally, police checkpoints as a deterrence factor against potential poll violence is a calibrated response of the State that while temporarily restricting some personnel rights ultimately operate to benefit the majority of the people thru the maintenance of peace and order. c. Checkpoint Guidelines 1) Checkpoints are established to enforce laws, rules, and regulations, and when there is a need to arrest a criminal or fugitive from justice. d. Composition. In the establishment of checkpoint, the checkpoint team shall be composed of, but not limited to, the following:

1) Team Leader (TL) – shall lead and take responsibility in the conduct of checkpoint preferably a Police Commissioned Officer (PCO). In the absence of a PCO, the most Senior Police Non-Commissioned Officer (PNCO) will act as Team Leader;
2) Spotter/Profiler – shall point/profile suspected vehicle subject for checkpoint;
3) Verifiers – shall conduct document verification, search, seizure and arrest, if necessary, initial custody of seized
evidence;
4) Search/Arresting personnel – shall search, seize illegal items and arrest offenders;
5) Forward/Rear Security– shall provide security in the checkpoint area and block/ pursue fleeing suspects/ vehicle;

e. Checkpoint Guidelines 1) Checkpoints are established to enforce laws, rules, and regulations, and when there is a need to arrest a criminal or fugitive from justice.) The team should encourage the participation of the Local Government Units (LGUs), PNP accredited Civil Society Groups, Non-Governmental Organizations (NGOs), business organizations, media and other stakeholders during the conduct of police checkpoint operations. However, their participation must be limited only as observers except for LGU personnel mandated to enforce laws and ordinances such as but not limited to traffic enforcers, meat inspectors and Barangay Public Safety Officers (BPSO).

7) PNP personnel manning the checkpoint must have a presentable appearance while wearing the prescribed uniform. Likewise, the civilian members must also be in their organization’s uniform with their names conspicuously
displayed for identification. In no case shall the civilian components be allowed to bear firearms during the checkpoint. 8) The area where the checkpoint shall be established must be well-lighted with a visible signage bearing the name and contact number of the PNP unit and the TL. 9) Due courtesy must be accorded to all road users
during the conduct of checkpoint) Team members must greet all persons subject for inspection, extend apology
for the inconvenience, appeal for understanding, state the reasons of the checkpoint and thank them for their
cooperation.

10) The team must signal the motorist(s) to slow down and courteously request to turn-off the headlights and turn
on cabin lights. 11) The conduct of inspection of vehicle during a routine checkpoint is limited to a visual search, done with due respect to all road users and conducted in a manner of least inconvenience. The occupants cannot be compelled to step out of the vehicle. Any search, seizure, and arrest shall be in accordance with the law. 12) A valid search must be authorized by a search warrant duly issued by an appropriate authority. However, a warrantless search can be made in the following cases: a) When there is genuine reason to believe that the occupant/s of the vehicle have just committed, is actually committing or is about to commit a crime; or b) On the basis of prior
information which are reasonably corroborated by other attendant matters.

13) Violations/infractions of the law during the checkpoint shall be immediately acted upon following legal procedures. Arrested persons must be apprised of their constitutional rights. 14) The security of the PNP personnel, and most especially that of the civilians participating in the checkpoint, must be given due consideration in the planning of the operation. 15) As much as possible, only the forward/rear security team members are allowed to
display their rifles and should be positioned where they can best provide security to the checkpoint team. 16) Checkpoint personnel may also provide police assistance in the vicinity e.g., giving directions to inquiring
motorists or passersby 17) Violations/infractions of the law during the checkpoint shall be immediately acted upon
following legal procedures.

Arrested persons must be apprised of their constitutional rights. 18) The security of the PNP personnel, and most
especially that of the civilians participating in the checkpoint, must be given due consideration in the planning of the operation. 19) As much as possible, only the forward/rear security team members are allowed to display their rifles and should be positioned where they can best provide security to the checkpoint team. 20) Checkpoint personnel
may also provide police assistance in the vicinity e.g., giving directions to inquiring motorists or passersby.
Chapter 3 PNPM-DO-D-0-2-13-21 RESTRICTED RESTRICTED 26 21) Designated TL assigned at the checkpoint shall be responsible for the actuations and behavior of his/ her personnel and shall be accountable under the doctrine of Command Responsibility. 22) The TL must submit an after-checkpoint report immediately upon termination of the operation.