PRO XI: Plain view doctrine in checkpoints suspended

THE DAVAO Police Regional Office yesterday advised motorists to cooperate during checkpoints because the “plain view” doctrine has been suspended with the declaration of martial law in Mindanao.

“There will be thorough search, and if there is a need of a request to get off the vehicle please submit yourself for inspection,” Chief Supt. Manuel Gaerlan, regional police chief, said. “We expect delays (as) the plain view doctrine is no longer applicable.”

Plain view refers to the protocol where police personnel or soldiers are prohibited from opening up the trunk or compartment of a motor vehicle without cause.

Speaking in yesterday’s AFP-PNP press conference held at Royal Mandaya hotel, Gaerlan said they are already working with the military in beefing up security measures for the region.

“We are ready to implement all the orders of the commander in chief and we are closely worked together with the Armed Forces of the Philippines particularly the Eastern Mindanao Command and 10th Infantry Division,” Gaerlan said.

The PRO XI is composed of 8,000 PNP personnel who will be tasked to secure the city that is currently in lockdown. “We are also preventing spillover that might take place that’s why we are stricter on implementation on the all borders in the region and the city,” he said.

On warrantless arrest, he said they are not just going to arrest anybody without basis. “Rebellion, invasion, violence of firearms and the New People’s Army (NPA)s and supporters who are committing rebellious or terrorist act will be arrested ,” he added.

As stated in Sec. 18 of Article VII of the 87 Constitution says, “A state of martial law does not suspend the operation of the constitution, nor supplant the functioning of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

“The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

“During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

Gaerlan also said that they are still securing a clearance from the PNP headquarters for them to wear their PNP camouflage uniform. They are also waiting for guidelines on the suspension on all permits to carry firearms outside residence.

Chief Insp. Andrea Dela Cerna, spokesperson of Police Regional Office XI, asked the cooperation of the public during this time, especially at checkpoints.

“All vehicles coming in the city will be properly inspected and we won’t allow that there will be lawless elements that will enter in the city,” she said, adding that they will also ask commuters to alight from their vehicles for a more thorough inspection.

Maj. Mario Tena, spokesperson of Task Force Davao said in a statement that there is already additional force coming from the 10th Infantry Division.

“We intensified the inspections and doubled up security measures and also we continuously intensifying our intelligence monitoring/gathering,” Tena said. “Coordination and collaborations with other law enforcement agencies and all other stakeholders are also undertaken to ensure the safety and security of the city.”

President Rodrigo Duterte on Tuesday night declared martial law in Mindanao after local terrorist Maute group clash with government troops in Marawi City.

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