Rules on Police Check Point
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Rule on Check Point by the Supreme Court of the Philippines
Pursuant on the issues relating to violence, election and terrorism, the Rule on Police Check Point was explained by the Supreme Court of the Philippines in the case of Abenes vs. Court of Appeals (G.R. No. 156320, February 14, 2007). This is supported by the Philippine Constitution Bill of Rights.
Filipino Translation:
Dapat alamin Sa Police Check Point para maiwasan ang Pangaabuso ng mga Autoridad
1. Bawal palabasin ng Police and driver sa loob ng sasakyan
2. Bawal kapkapan ng police ang katawan ng driver ng sasakyan
3. Bawal pabuksan ng police ang kompartment or mga nakasaradong lalagyan pati ang mga bags, package etc sa loob ng sasakyan.
Sa pagbubukas ng mga saradong gamit sa loob ng sasakyan kailangan ang presensya ng probable cause. Ngunit, ang requirement ng probable cause ay hindi kailangan kung ang nagmamaneho ng sasakyan ay kusang-loob (voluntarily) binuksan and trunk ng sasakyan at pinayagan ang paghahalungkat, ito ay kilala sa tawag na "waiver of one’s right against unreasonable search and seizures" o isang exception sa Rules on Police Check Point
Detailed information can be seen on Capco Law Center at Tel No 6415519
- Capco Law Center Official Webpage
This is the official webpage of Capco Law Center. For more information on legal matters you can visit this website.
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The people's lack of knowledge or information on the law; such as personal right, often led to severe violations thereof, without you knowing that your rights have been violated.....
Education among the general public is the key to further protect one's right and the right to demand that such right be respected.....
For our nations progress; we cannot always stand aside and be passive, and let thing go by without a fight; sometimes if we want something very bad; we have to fight for it, to earn it, to deserve it.....
We have to earn it, to deserve it....fight for our nation; fight for our personal right....seek knowledge in order to achieve our mother lands goal...
Great work on the translation to Filipino!
Is this known by the entire police force and by NBI? What's the scope of check point then?
Most of the police officers conducting the check point does not know the law that is why violation of police check point rules are rampant. This is the reason why we should spread the news about these laws and about our rights. And we must remind the public authority to be aware of the law. In case of confusion the Philippine Constitution specifically the Bill of Rights can give use clear explanation of our rights.
Does this apply to public transport as well?
Leo R. Aguilar 2 years ago
very wise and timely....and indeed necessary! thnx!