HUMAN RIGHTS ADVISORY FOR PNP PERSONNEL CONDUCTING CHECKPOINTS

In the Conduct of Police Checkpoints, all PNP personnel must promote and protect the citizen’s rights to dignity, privacy, and freedom of movement. Hence, the following protocols must be observed:

1. The Checkpoint must be authorized, legal and in accordance with the POP;

2. Personnel must be kind and courteous;

3. Approach the motorist with holstered firearm, unless there is an imminent threat on the part of the police;

4. Search of vehicle is generally limited to a visual search;

5. Mulcting/asking anything directly or indirectly from the motorist is strictly prohibited;

6. Right against self incrimination of the motorist must be respected;

7. Never shout or indulge in prolonged conversation and argument with the motorists;

8. Avoid overreaction or aggression to the suspect/s;

9. Don’t force the driver and occupant/s of the vehicle to alight without valid reason;

10. Arrested person must be informed of the Miranda Rights, Rights under Custodial Investigation (RA7438), Anti- Torture rights under the Law and Anti-Enforced Disappearance Law;

11. Arrested person must be referred immediately to the nearest Police Station;

12. Seized drugs, contraband and other illegal items must be immediately photographed and inventoried. A copy of the inventory report shall be given to the suspect;

13. Warning shot or firing at a fleeing suspect is strictly prohibited, use of police sirens, mega phone and roadblock to stop the suspect are encouraged; and

14. Use only reasonable force to overcome resisting suspects.