PNCC bans highway inspections

The Philippine National Construction Corp. (PNCC) has prohibited its security personnel from conducting warrantless searches on buses plying the North and South Expressways, saying the practice is violative of the rights of the persons.

PNCC chairman Luis Sison issued the directive following complaints from provincial commuters traversing the expressways over the illegal searches and frisking conducted by PNCC guards.

PNCC has set-up checkpoints at strategic locations in the two expressways purposely to catch highway robbers and drug couriers. However, commuters complained that guards brandishing long firearms conduct the searches in an oppressive manner and even ordered them to go down the buses while their personal belongings were inspected or searched in their absence.

The complaining travelers averred that the checkpoints were set-up without the presence of uniformed policemen, saying the Gestapo-attitude of the guards is reminiscent of the martial law regime. Citing Supreme Court rulings, the PNCC reminded its security personnel that warrantless arrests may be made only incidental to a lawful arrest, while seizures of evidence may be made only in plain view.

The High Court ruled that when a vehicle is stopped and subjected to an extensive search, such a warrantless search is valid only as long as the officer conducting the search has reasonable or probable cause to believe that they will find in the vehicle the evidence to a crime.

The PNCC also reminded its security personnel that in case an inspection is to be conducted on any vehicle, the guards conducting the search should be courteous and firm without being unreasonable and should strive to avoid inconveniences on the part of the tollways users.