To effectively implement the firearms ban during the election period which is from January 14 to June 13, 2007, the Commission on Elections (COMELEC) shall establish at least one (1) checkpoint in each city/municipality to be manned by the Philippine National Police (PNP). These will be set up in well lighted areas and shall be easily identifiable as COMELEC checkpoints. In areas jointly identified by the COMELEC and Armed Forces of the Philippines (AFP) to be under “serious armed threat”, additional checkpoints may be established in the discretion of the highest ranking official of the AFP.
The unit designated to man the checkpoints will be lead by a responsible regular member of the AFP/PNP. Searches will be carried out only by members of the checkpoint unit and shall be conducted in such a manner to cause the least possible inconvenience. No civil, political and human rights shall be violated. As a rule, no search will be conducted without a search warrant. However, a warrantless search can be made in instances such as in the case of moving vehicles and the seizure of evidence found in plain view or on the basis of prior confidential information which are reasonably corroborated by other attendant matters.
Any person arrested at the COMELEC checkpoint will be treated humanely and with utmost respect for his constitutional rights. After the arrest is recorded, he will be turned over to the nearest law enforcement station together with the confiscated weapon or material and the corresponding affidavit of arrest.
