G.R. No.

83988 September 29, 1989

RICARDO C. VALMONTE AND UNION OF LAWYERS AND ADVOCATES FOR PEOPLE'S

RIGHTS (ULAP), petitioners,
vs.
GEN. RENATO DE VILLA AND NATIONAL CAPITAL REGION DISTRICT COMMAND,
respondents.

Ricardo C. Valmonte for himself and his co-petitioners.

PADILLA, J.:

This is a petition for prohibition with preliminary injunction and/or temporary restraining order,
seeking the declaration of checkpoints in Valenzuela, Metro Manila or elsewhere, as
unconstitutional and the dismantling and banning of the same or, in the alternative, to direct the
respondents to formulate guidelines in the implementation of checkpoints, for the protection of the
people.

Petitioner Ricardo C. Valmonte sues in his capacity as citizen of the Republic, taxpayer, member
of the Integrated Bar of the Philippines (IBP), and resident of Valenzuela, Metro Manila; while
petitioner Union of Lawyers and Advocates for People's Rights (ULAP) sues in its capacity as an
association whose members are all members of the IBP.

The factual background of the case is as follows:

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. 1 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. Petitioner Valmonte also claims that, on several occasions, he had gone thru
these checkpoints where he was stopped and his car subjected to search/check-up without a
court order or search warrant.

Petitioners further contend that the said checkpoints give the respondents a blanket authority to
make searches and/or seizures without search warrant or court order in violation of the
Constitution; 2 and, instances have occurred where a citizen, while not killed, had been harassed.
Petitioners' concern for their safety and apprehension at being harassed by the military manning
the checkpoints are not sufficient grounds to declare the checkpoints as 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' right against unlawful search and
seizure or other rights.

In a case filed by the same petitioner organization, Union of Lawyers and Advocates for People's
Right (ULAP) vs. Integrated National Police, 3 it was held that individual petitioners who do not
allege that any of their rights were violated are not qualified to bring the action, as real parties in
interest.

The constitutional right against unreasonable searches and seizures is a personal right invocable
only by those whose rights have been infringed, 4 or threatened to be infringed. What constitutes
a reasonable or unreasonable search and seizure in any particular case is purely a judicial
question, determinable from a consideration of the circumstances involved. 5

Petitioner Valmonte's general allegation to the effect that he had been stopped and searched
without a search warrant by the military manning the checkpoints, without more, i.e., without
stating the details of the incidents which amount to a violation of his right against unlawful search
and seizure, is not sufficient to enable the Court to determine whether there was a violation of
Valmonte's right against unlawful search and seizure. Not all searches and seizures are
prohibited. Those which are reasonable are not forbidden. A reasonable search is not to be
determined by any fixed formula but is to be resolved according to the facts of each case. 6

Where, for example, the officer merely draws aside the curtain of a vacant vehicle which is
parked on the public fair grounds, 7 or simply looks into a vehicle, 8 or flashes a light therein, 9
these do not constitute unreasonable search.

The setting up of the questioned checkpoints in Valenzuela (and probably in other areas) 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 also be regarded as measures to thwart plots to destabilize the government, in
the interest of public security. In this connection, the Court may take judicial notice of the shift to
urban centers and their suburbs of the insurgency movement, so clearly reflected in the increased
killings in cities of police and military men by NPA "sparrow units," not to mention the abundance
of unlicensed firearms and the alarming rise in lawlessness and violence in such urban centers,
not all of which are reported in media, most likely brought about by deteriorating economic
conditions — which all sum up to what one can rightly consider, at the very least, as abnormal
times. Between the inherent right of the state to protect its existence and promote public welfare
and an individual's right against a warrantless search which is however reasonably conducted,
the former should prevail.

True, the manning of checkpoints by the military is susceptible of abuse by the men in uniform, 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 within reasonable limits, are part of the price we pay for
an orderly society and a peaceful community.

Finally, on 17 July 1988, military and police checkpoints in Metro Manila were temporarily lifted
and a review and refinement of the rules in the conduct of the police and military manning the
checkpoints was ordered by the National Capital Regional Command Chief and the Metropolitan
Police Director. 10

WHEREFORE, the petition is DISMISSED.

SO ORDERED.

Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Paras, Feliciano, Gancayco, Bidin,
Cortes, Griño-Aquino, Medialdea and Regalado, JJ., concur.