Valmonte vs.

De Villa
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: 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 invocable 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.