Comelec issues guidelines on Eleksyon 2022 checkpoints

The Commission on Elections (Comelec) has recently passed a resolution containing the guidelines for the implementation of checkpoints for the 2022 national and local elections.

The election checkpoints will be hoisted to “effectively implement” the firearms ban, which will take effect starting January 9, 2022 until June 8, 2022, the Comelec said.

The guidelines were likewise released to “ensure that in the implementation of proper search and seizure procedures at Comelec checkpoints, civil, political and human rights are not violated.”

Under Comelec Resolution 10741 promulgated on December 16, there shall be at least one Comelec checkpoint in each city or municipality.

Additional checkpoints, including those from the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) commands outside the city or municipality shall be coordinated in coordination with the election officer (EO) in the respective localities.

Spot checkpoints may be established in other locations, but the coordinating officer or the team leader shall give notice or coordinate with the EO prior to its establishment.

Comelec checkpoints must be led by a member of the AFP or the PNP with a rank of at least lieutenant or police lieutenant.

If there is no available AFP or PNP officer of the said rank, 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 Comelec checkpoint.

Police and military officers who are assigned to man the checkpoints must be in complete uniform with the nameplates and other identification tags clearly visible and readable.

They shall not be under the influence of intoxicating liquor and/or dangerous drug as defined under the laws. Any violation of this will make the offender and his team leader jointly liable for administrative action without prejudice to the prosecution of any criminal offense.

Comelec checkpoints must be well-lighted to “allow those who will pass through it to easily identify the AFP/PNP uniformed personnel” assigned at the checkpoints.

Every checkpoint must have a signboard measuring three feet by four feet and must contain the following words: "STOP. COMELEC CHECKPOINT. Please bear with us thank you for your cooperation.”

The signboard will bear the name and office of the election officer as well as the name and the office of the commanding officer or the team leader.

The signboards should also have the Comelec logo and the poll body’s tagline for the upcoming polls which is “2022 Vote S.A.F.E. (secure, accurate, free and fair elections) Pilipinas National and Local Elections.”

These signboards should be placed to clearly identify the place as a Comelec checkpoint "from a reasonable distance.”

The Comelec also required the posting of signboards directing the motorists to slow down as they approach the checkpoint area.

Upon motorists’ approach to the Comelec checkpoint, officers must require them to slow down, courteously request to dim the headlight of the vehicle and turn on the cabin lights.

Motorists shall not be compelled to step out of their vehicle during the inspection and “only visual search is required.”

During the visual search, the Comelec says 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 resolution read.

The motorists are also not obliged to open the glove compartment, trunk or bags.

The officers manning the checkpoint cannot compel the motorists to open the trunk or glove compartment of the vehicle or any package contained inside, the Comelec added.

The poll body also indicated that only ordinary and routine questions may be asked by the officers with courtesy.

Personnel at the Comelec checkpoint areas must observe minimum public health standards due to the COVID-19 pandemic.

“In case of any violation, incident or untoward circumstance during the conduct of Comelec checkpoint, a report thereon must be made and submitted to the EO within twenty-four hours to ensure proper monitoring and reporting of violations,” the resolution further stated.

Valid searches at the Comelec checkpoint must be authorized by a search warrant duly issued by an appropriate authority.

A warrantless search can only be made in the following cases:

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

Comelec said any searches made by the personnel at the checkpoint areas should be done “in a manner which will impose minimum inconvenience upon the person or persons so searched, to the end that civil, political and human rights of any person are not violated.”

Should a person ignore the Comelec checkpoint, the commanding officer or the team leader must immediately report it to the adjacent teams or police stations stating the details of the person who evaded the checkpoint.

If necessary, the team must immediately coordinate with the adjacent teams or police stations in order to establish roadblocks in accordance with the existing standard operating procedures of the PNP.

The same resolution provided details on the procedures where there is an apparent violation of the firearms ban.

It also contained instructions to the chiefs of police in cites and municipalities on the conduct of preliminary examination for violations of the bans on firearms and other deadly weapons.

Comelec Resolution 10741 will take effect seven days after its publication in two daily newspapers of general circulation in the Philippines. — RSJ, GMA News