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Valmonte vs.

De Villa (170 SCRA 256)


G.R. No. 83988 | May 24, 1990 | J. Padilla

Facts: On 20 January 1987, the National Capital Region District Command (NCRDC) was
activated pursuant to Letter of Instruction 02/87 of the Philippine General Headquarters, AFP –
with the mission of conducting security operations within its area of responsibility and
peripheral areas, for the purpose of establishing an effective territorial defense, maintaining
peace and order, and providing an atmosphere conducive to the social, economic and political
development of the National Capital Region. As part of its duty to maintain peace and order,
the NCRDC installed checkpoints in various parts of Valenzuela, Metro Manila. Petitioners
aver that, because of the installation of said checkpoints, the residents of Valenzuela are
worried of being harassed and of their safety being placed at the arbitrary, capricious and
whimsical disposition of the military manning the checkpoints, considering that their cars and
vehicles are being subjected to regular searches and check-ups, especially at night or at dawn,
without the benefit of a search warrant and/or court order. Their alleged fear for their safety
increased when, at dawn of 9 July 1988, Benjamin Parpon, a supply officer of the Municipality
of Valenzuela, Bulacan, was gunned down allegedly in cold blood by the members of the
NCRDC manning the checkpoint along McArthur Highway at Malinta, Valenzuela, for
ignoring and/or refusing to submit himself to the checkpoint and for continuing to speed off
inspire of warning shots fired in the air.

Issue: WON the installation of checkpoints violates the right of the people against
unreasonable searches and seizures

Held: No. Petitioner's concern for their safety and apprehension at being harassed by the
military manning the checkpoints are not sufficient grounds to declare the checkpoints per se,
illegal. No proof has been presented before the Court to show that, in the course of their routine
checks, the military, indeed, committed specific violations of petitioners'' rights against
unlawful search and seizure of other rights. The constitutional right against unreasonable
searches and seizures is a personal right that can be invoked only by those whose rights have
been infringed, or threatened to be infringed. Not all searches and seizures are prohibited.
Those which are reasonable are not forbidden. The setting up of the questioned checkpoints
may be considered as a security measure to enable the NCRDC to pursue its mission of
establishing effective territorial defense and maintaining peace and order for the benefit of the
public. Checkpoints may not also be regarded as measures to thwart plots to destabilize the
govt, in the interest of public security. Between the inherent right of the state to protect its
existence and promote public welfare and an individual’s right against a warrantless search w/c
is, however, reasonably conducted, the former should prevail. True, the manning of
checkpoints by the military is susceptible of abuse by the military in the same manner that all
governmental power is susceptible of abuse. But, at the cost of occasional inconvenience,
discomfort and even irritation to the citizen, the checkpoints during these abnormal times, when
conducted w/in reasonable limits, are part of the price we pay for an orderly society and a
peaceful community.

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