Revised PNP Operational Procedures in the Conduct of Police Checkpoints

September 8, 2009

PNP STANDARD OPERATING PROCEDURES NO. ODO-2009-02

REVISED PNP OPERATIONAL PROCEDURES IN THE CONDUCT OF POLICE CHECKPOINTS

1. References:

a. PNP Master Plan SANDIGAN;

b. PNP Operational Procedures; and

c. Standard Operating Procedures (SOP) No. 2006-01 dated June 16, 2006: SUPPLEMENTAL POLICY IN THE CONDUCT OF POLICE CHECKPOINT.

2. Purpose:

These Standard Operating Procedures (SOP) prescribe the rules and regulations in the conduct of police checkpoint to enhance the PNP's capability in effectively enforcing the law, deter the commission of crimes, restrict movement of criminals, contrabands, stolen goods and other illegal items.

The conduct of checkpoints is under scrutiny and criticism due to complaints of mulcting by PNP personnel manning the checkpoints. With this, there is a need to stick to the intent of conducting a checkpoint by introducing several safeguards not only to prevent mulcting but also to curb police abuses in checkpoint operations.

Further, this SOP will serve as a guide to PNP and AFP personnel conducting checkpoints in the field to prevent mis-encounters.

3. Scope of Application:

This SOP is issued as a revision to Rule 20 of the PNP Operational Procedures and SOP No. 2006-01 regarding the conduct of CHECKPOINTS. In the conduct of checkpoints, the following shall apply:

a. Authority to Establish Checkpoints

The establishment of checkpoints must always be authorized by the PNP and manned by uniformed PNP personnel assigned in the area. Other units directly involved in an operation may establish mobile checkpoints in coordination with the Commander of the Unit/Station in the area (Annex "A").

b. Definition of Terms

1) Police Checkpoint — a location where the search, which is duly authorized by the PNP, is conducted to deter/prevent the commission of crimes, enforce the law, and for other legitimate purposes;

2) Hasty Checkpoint — It is an immediate response to block the escape of lawless elements from a crime scene, and is also established when nearby checkpoints are ignored or during hot pursuit operations. It is set up by police personnel conducting mobile patrol on board a marked police vehicle, or those conducting ISO and foot patrol operations within the vicinity/periphery of the national or provincial highways;

3) Dragnet Operation — is a police operation purposely to seal-off the probable exit points of fleeing suspects from a crime scene to prevent their escape;

4) Miranda Doctrine — a principle on the rights of a suspect from forced self-incrimination during police interrogation as enshrined in the 1987 Philippine Constitution's Bill of Rights (Article III, Sec. 12);

5) High Risk Stop — shall mean the actual stopping or accosting of armed and dangerous person or persons, aboard a vehicle or on foot, including the power to use all necessary and legal means to accomplish such end;

6) High Risk Arrest — shall mean the actual restraint of armed persons following a high-risk stop;

7) Necessary and Legal Means — shall include, but not limited to, the employment of appropriate number of troops, mobility assets and tactical or special units to effectively and permanently quell the threat or present danger, or to swiftly restrain or arrest the suspect or suspects;

8) Stopping Zone — shall mean strategic predetermined area strongly sealed off, barricaded and occupied by tactical forces in a lawful display of authority to maintain law and order or in defensive response to an event of criminal nature or of such gravity that occurred or likely to occur calling for a high risk stop or arrest; and

9) Pre-Determined Area — shall mean the specific or projected spot where the armed and dangerous person or persons would pass or likely to pass and so tactically located as to gain calculated advantage against said person or persons.

c. Composition

In the conduct of checkpoint proper, the checkpoint team shall be composed of, but not limited to, the following:

1) Team leader — shall lead and take responsibility in the conduct of checkpoint preferably an officer with the rank of at least Police Inspector;

2) Spotter — a PNP personnel who will point/profile suspected vehicle subject for checkpoint;

3) Spokesperson — team leader or member who is solely in charge of communicating with the motorists subject for checkpoint;

4) Investigation Sub-Team — in-charge in the investigation and documentation of possible incidents in the checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR);

5) Search/Arresting Sub-Team — designated to conduct search and seizure and arrest, if necessary;

6) Security Sub-Team — tasked to provide security in the checkpoint area; and

7) Blocking/Pursuing Sub-Team — team tasked to block/pursue fleeing suspects/vehicle.

d. Guidelines

1) Mobile checkpoints are authorized only when established in conjunction with ongoing police operations. Only officially marked vehicles shall be used in establishing mobile checkpoints;

2) Checkpoints may be established when there is a need to arrest a criminal or fugitive from justice;

3) The composition of the personnel manning the checkpoint shall be left to the sound discretion of the PNP unit commander;

4) Encourage suitable participation with utmost regard to safety of the Local Government Units (LGUs),Civil Society Groups, Non-Government Organizations (NGOs),business organizations, other civic groups, media and other stakeholders during the conduct of Police Checkpoint;

5) The participation of the civilians and the presence of the media in the conduct of checkpoint must be confined only as observers to give police additional eyes and promote transparency of activities in the area;

6) All civic groups or organizations to include the media, who are inclined to participate in police checkpoints, must be duly registered and accredited by the PNP for such purpose. The accreditation of the civilian groups to join in the conduct of checkpoint shall be administered by the Regional and Provincial Police Offices;

7) PNP elements manning the checkpoint must have a presentable appearance i.e., sporting proper haircut, wearing the prescribed PNP uniform with nameplate visibly displayed, and clean equipment etc. to draw respect not only from the motorists but also from the civilian partners in the operation. Likewise, the civilian members must also be in their organization's uniform with their names conspicuously displayed for identification. In no case that the civilian components be allowed to bear arms during the checkpoint;

8) In Metro Manila and other major cities, police officers manning the checkpoints shall not wear Battle Dress Uniforms (BDU) or black fatigues in lieu of the PNP GOA unless the conduct of checkpoint is a result of a Hot Pursuit Operation or a High Risk Checkpoint. The use of mixed uniforms (GOA, BDU, black fatigue) in the conduct of checkpoint is strictly prohibited;

9) As much as possible, the area where the checkpoints shall be established must be properly lighted with a noticeable signage bearing the name of the PNP unit and the participating organization/s visibly displayed in the checkpoint site to clear any apprehension from the public of the existence of the same;

10) Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of checkpoint;

11) The spokesperson must greet the people subject for inspection and ask apology for the inconvenience, appeal for understanding and state the reasons of the operation. A little smile while doing these things spells a big difference. After the search, a word of gratitude/appreciation for their cooperation is a must;

12) Except in the actual commission of crime during checkpoints or in a hot pursuit operation, the conduct of inspection of vehicle during a routine checkpoint is limited to a visual search and therefore must be done with civility and with due respect to innocent passersby, commuters, or bystanders and be conducted in a manner that is least inconvenient to the public. Searches, seizures, and arrest made during checkpoints shall be within the prescribed Rules under the Criminal Procedures;

13) Violations/Infractions of the law discovered during the checkpoint operation shall be expeditiously disposed of following legal procedures. Arrested persons must be apprised of their rights in reference to the "Miranda Doctrine";

14) The security of the PNP elements, and most especially that of the civilians participating in the checkpoint operation, must be given due consideration in the planning stage of the operation;

15) Only the security sub-team and blocking/pursuing sub-team members are allowed to display high-powered firearms and are positioned where they can best provide security to the Checkpoint team including themselves;

16) Checkpoint personnel must not limit their task in law enforcement and crime deterrence. They should also be ready to provide police assistance in the vicinity e.g., giving directions to inquiring motorists or passersby;

17) The PNP operating units must provide their own logistical and financial requirements to avoid soliciting support from the civilians for their personal or operational needs;

18) Personnel assigned in the checkpoint shall not mulct, extort, or harass drivers, passengers, and traders. Designated team leader assigned at the checkpoint shall be responsible of the actuations and behavior of his personnel and shall be accountable under the doctrine of Command Responsibility;

19) Voluntary offers of cash or in kind from the traders/motorists passing the checkpoint should be absolutely refused because the offer might be misconstrued as a bribe; and

20) The police and the civilian component must separately submit their after checkpoint operation report to their respective units or organization for proper evaluation of the efficacy of the operation.

e. Procedures in the Conduct of Regular Police Checkpoint

1) Unit Commanders should inform Higher Headquarters Tactical Operations Center (TOC) and coordinate with adjacent units, such as, MPS, CPS, NSUs, RMGs, PMGs/CMGs and other friendly forces, personally or through an official representative, before commencing with the checkpoint to avoid misencounter and any untoward incident; 

2) The Team Leader shall brief his personnel, as well as the civilian components present, including the media regarding the proper conduct of the checkpoint and their assigned tasks prior to their deployment;

3) The Team Leader shall initially account for his personnel and check if they are in proper uniform. Personnel conducting the checkpoint shall display their nameplates at all times. If wearing a jacket, the flap of the jacket bearing their names should also be displayed. Likewise, the equipment will include, but not limited to, the following:

a) Marked patrol vehicles;

b) Firearms with basic load of ammunition;

c) Handheld and vehicle base radios;

d) Flashlights;

e) Megaphone; and

f) Signages:

f.1) Warning signs: (e.g., Slowdown, Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc);and

f.2) Information signs: Name of the Unit and Team Leader.

4) The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected vehicles prior to their approach to the checkpoint;

5) Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizures and arrest if necessary;

6) Arrested persons and seized items shall be turned-over to the investigation sub-team for documentation and proper disposition;

7) In the event that the checkpoint is ignored, follow the applicable procedures on para III, G (In the event that the occupants of the vehicle open fire on the personnel manning the checkpoint, reasonable force to overcome the suspects' aggression may be employed);

8) Inform Higher Headquarters before terminating the conduct of Checkpoint;

9) The Team leader shall conduct debriefing of personnel after termination of the Checkpoint; and

10) Unit Commander shall submit After Activity Report to Higher HQs.

f. Procedures in the conduct of Hasty Checkpoints

1) Police personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint, to be complemented by additional personnel upon arrival of reinforcement. A collapsible signage with markings: "Stop, Police Checkpoint",indicating also the name of the concerned police office/unit conducting the operations, will be used for the purpose;

2) In the case of police personnel conducting ISO or foot patrol, where a vehicle and collapsible signage is not readily available, the checkpoint shall be manned initially by said personnel;

3) The team shall immediately inform Higher Headquarters of the exact location of the Hasty Checkpoint to include personnel involved and available equipment;

4) In a hasty checkpoint, where there is a possibility of high risk stop and high risk arrest, and that there is an urgency for troop deployment and that public safety might be at risk, the participation of the civilian component and the presence of the media in the checkpoint operation shall not be allowed;

5) The Unit Commander of the personnel manning the hasty checkpoint shall immediately send additional personnel, equipment and signages to the area in order to convert the Hasty Checkpoint into a Regular Checkpoint; and,

6) As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, Team leader shall follow the procedures on Para III, E (The Team Leader shall initially account for his personnel and check their uniforms and equipment to include, but not limited to, the following: marked patrol vehicles; firearms with basic load of ammunition, handheld and vehicle base radios; flashlights; megaphone; and signage).

g. General Procedures to be Followed When Checkpoints are ignored

When checkpoints are ignored, the following shall be observed:

1) In the event that checkpoints/roadblocks are ignored and the motorists/suspects bumped the roadblock in an attempt to elude arrest or avoid inspection, the team leader shall immediately contact adjacent units to inform them of the situation so that these units can conduct Dragnet Operation, while the members of the Blocking/Pursuing Team shall block or pursue the errant fleeing motorist;

2) Warning shots shall not be allowed due to the confusion it may create for the driver and passengers of the vehicle. Megaphones or police sirens shall be used instead during the pursuit. The plate number of the vehicle shall be noted and given to other units in adjacent areas to prevent the possibility that the vehicle may elude the pursuit operation; and

3) In the event that the occupants of the vehicle open fire on the personnel manning the checkpoint, reasonable force to overcome the suspects' aggression may be employed.

h. Procedures in Flagging Down or Accosting Vehicles While in Mobile Car

This rule is a general concept and will not apply in hot pursuit operations. The Mobile Car Crew shall undertake the following, when applicable:

1) Call Headquarters to inform of the make or type and plate number of the motor vehicle to be accosted including the number and, if possible, identity of occupants;

2) State the reason(s) for the planned intervention of the suspected motor vehicle;

3) Give mobile car location and direction (heading) before making actual intervention;

4) Try to get alongside the suspect's vehicle and check the occupants without alarming them of your purpose. You can even overtake the vehicle and wait for it at an advantageous location before stopping the suspect's vehicle;

5) Determine whether the suspects are hostile or not;

6) Make known to the suspect(s) that you are after them through the use of a siren or megaphone;

7) Instruct the driver to pull over or stop on the side of the street;

8) Park behind the suspect's vehicle at an appropriate distance and cautiously approach the vehicle on the driver's side;

9) If the vehicle's windows are heavily tinted and the occupants cannot be seen, instruct the driver to open all windows to have a clear view of the interior of the vehicle;

10) Instruct the driver to turn off the ignition, if this was not done when the vehicle stopped;

11) The other members of the team must be on guard for any eventuality while the vehicle is being approached;

12) Talk to the driver in a most courteous manner and inform him of the nature of his violation. Demand to see the driver's license, photocopies of the certificate of registration and the official receipt. Examine these documents and counter-check the driver on the information reflected therein;

13) If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR).Never indulge in prolonged, unnecessary conversation or argument with the driver or any of the vehicle's occupants;

14) In cases of other violations that require the impounding of the vehicle, inform the driver regarding this situation and instruct him to follow you, after issuing the TCT/TVR; and

15) Before moving out, inform Headquarters regarding the situation/status and disposition of the person and motor vehicle accosted.

i. Dealing with Hostile Situation

The following procedures shall be followed in dealing with hostile drivers:

1) Stopping Vehicles

a) Follow the procedure stated from 1 to 3 of paragraph H;

b) Immediately request for back-up;

c) Follow the suspect and always keep him within visual range;

d) Expect that the suspect will notice your action at any time. Be prepared for a car chase or actual hostile confrontation;

e) If the back-up is already in the vicinity, inform Headquarters that you are proceeding to accost the suspect;

f) Inform the suspects that you are after them through the use of siren or megaphone and instruct the driver to pull over or stop on the side of the street;

g) Park at an appropriate distance behind the suspect's vehicle;

h) While the vehicle is being approached, the other members of the crew and back-up must be on guard for any eventuality. Overreactions should be avoided;

i) If the vehicle's windows are heavily tinted and the occupants cannot be seen, instruct the driver to open all windows for a clear view of the vehicle's interior;

j) Direct the driver and other occupants of the vehicle not to make unnecessary movements and to show their hands outside the car;

k) Instruct the driver to turn off the ignition and toss the key to the ground. Demand to see the Driver's License and photocopies of the vehicle's certificate of registration and the official receipt. Examine the documents and counter-check the driver on the information reflected therein; and

l) If there are other suspects aside from the driver, separate them from one another.

2) Fleeing Vehicles

a) In the event that the motor vehicle did not stop despite the warning given, inform Headquarters or adjacent units so that roadblocks or Hasty Checkpoints can be set-up;

b) Call Headquarters to inform of the make or type and plate number of the motor vehicle to be accosted including the number and, if possible, identity of occupants;

c) State the reason(s) for flagging down the suspected motor vehicle;

d) Give mobile car location and direction (heading) before making actual intervention;

e) When the vehicle of the suspect is cornered or stopped, instruct the driver and other occupants in a clear and commanding voice to follow specifically what you will require of them. Failure on their part to follow will be construed as a hostile act on their part. Execute instructions on the use of reasonable force;

f) Instruct the driver to turn off the ignition and toss the key to the ground, open his door and to put his foot out of the vehicle, followed by his hands to be placed on top of the vehicle, or to move towards you with his hands up;

g) Instruct other occupants of the vehicle, if any, to come out one by one, as what the driver has done;

h) Arrest, handcuff and search the suspects and bring them to Headquarters for proper disposition; and

i) Before moving out, inform station about the situation, status and disposition of the suspects and motor vehicle accosted.

j. High Risk Stop and High Risk Arrest

In the light of recent concerns and challenges occasioned by persistent threats to national security and public safety, hereunder are the procedures to ensure that within the areas under police responsibility, the rule of law is upheld and peace and order is maintained.

1) Police Responses and Procedures:

a) Initial Stage

 Upon the receipt of infornmmation involving movement of armed person or persons, either singly or en masse, including unauthorized movement of government troops, or in immediate response to a reported commission of crime perpetrated by armed persons, the police shall immediately:

a.1) Organize appropriate tactical security forces utilizing maximum firepower and armor assets;

a.2) Deploy the security forces to stopping zones in defensive position; and

a.3) Seal-off the area and establish strong roadblocks/barricades.

b) Effecting a High Risk Stop

 When effecting a high-risk stop, the police shall:

b.1) Exert utmost effort to persuade the suspects to halt or stop their movement;

b.2) Start with the procedural conduct of simple arrest under the Police Operational Procedures where arrest is inevitable;

b.3) Ensure proper documentation of the process; and

b.4) Respect the human rights of all the persons involved.

c) During Violent Stage

 The PNP shall strictly adhere to the Police Operational Procedures particularly on the use of deadly and/or reasonable force.

4. Penal Clause:

Any violation of this SOP shall be dealt with administratively as may be warranted by evidence. Unit commanders shall be included in the investigation under the principle of command responsibility. If evidence further warrants, criminal complaints shall also be filed against those who may have committed acts or omissions contrary to the Revised Penal Code or any special penal statutes.

5. Repealing Clause:

All issuances, memoranda, rules and regulations issued by the PNP inconsistent herewith are deemed repealed or amended accordingly.

6. Effectivity:

This SOP shall take effect fifteen (15) days from filing a copy thereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book VII of Executive Order No. 292, otherwise known as, "The Revised Administrative Code of 1987".

 

(SGD.) JESUS A. VERZOSA, CEO VIPolice Director GeneralChief, PNP

ANNEX A

(Coordination Form)

I.	(To be accomplished by Coordinating Unit)
	a.	Date/Time of Coordination: _________________________________
	b.	Coordinating Unit: ________________________________________
	c.	Team Leader: _________________________________________
		(Rank/Surname/First Name/MI/Designation)
	d.	Number of Personnel Involved: ______________________________
	e.	Number of Personnel Involved: ______________________________
	f.	Description of Vehicles Involved: _____________________________
			TYPE	MAKE	COLOR	PLATE NR
		1.	________	__________	__________	___________
		2.	________	__________	__________	___________
		3.	________	__________	__________	___________
	g.	Nature of Operations: _____________________________________
	h.	Duration of Operations: ___________________________________
							________________
							Signature
II.	(To be accomplished by receiving Territorial Police Unit)
	a.	Date/Time Received: __________________________________
	b.	Name of Receiving Personnel: ________________________________
		(Rank/Surname/First Name/MI/Designation)
	c.	Name of Receiving Unit: ___________________________________
							________________
							Signature
	Note: (To be accomplished in three (3) copies).

 

ANNEX B

FLOWCHART ON THE REVISED PNP OPERATIONAL PROCEDURES IN THE CONDUCT OF POLICE CHECKPOINT

 

ANNEX C

FLOWCHART ON THE REVISED PNP OPERATIONAL PROCEDURES IN THE CONDUCT OF POLICE CHECKPOINT

 

ANNEX D

FLOWCHART ON THE REVISED PNP OPERATIONAL PROCEDURES IN THE CONDUCT OF POLICE CHECKPOINT

 

ANNEX E

MEASURES TO DETER MULCTING IN CHECKPOINTS

1. Encourage the participation of, but not limited to, the Local Government Units (LGUs),Civil Society Groups, Non-Governmental Organizations (NGOs),business organizations, other civic groups and the media during the conduct of Police Checkpoints.

2. The participation of the civilians and the presence of the media in the conduct of checkpoint must be confined only as observers to give police additional eyes and promote transparency of activities in the area.

3. All civic groups or organizations to include the media, who are inclined to participate in police checkpoints, must be duly registered and accredited by the PNP for such purpose. The accreditation of the civilian groups to join in the conduct of checkpoint shall be administered by the Regional and Provincial Police Offices.

4. Checkpoint personnel shall not mulct, extort, or harass drivers, passengers, and traders.

5. Voluntary offers of cash or in kind from the traders/motorists passing the checkpoint should be absolutely refused because the offer might be misconstrued as a bribe.

6. Unit Commanders/Heads of Offices who control and manage the checkpoints, as well as the Local Government Units (LGUs),Civil Society Groups, Non-Governmental Organizations (NGOs),business organizations, other civic groups and the Media are highly encouraged to use photo and video coverage to document the conduct of checkpoints. This will not only deter the commission of any irregularities by the PNP personnel but will also serve as a means of analyzing and improving the future conduct of checkpoints and will serve as an evidence in case of complaints.

7. Operations of Regional, Provincial and City/District/Municipal Honesty Teams should include the monitoring of checkpoints.