Chapter 1

THE PROBLEM AND ITS SCOPE

INTRODUCTION

Rationale

The lawmakers and law enforcers have been collaborative since then to author,

implement, and enforce laws for crime prevention.

Crime prevention has been defined as “the anticipation, recognition and appraisal

of a crime risk and the initiation of some action to remove or reduce it according to the

definition given by Catholic University of America. One of the said crime prevention

activity by police personnel is checkpoint operation.

Checkpoint is an operation conducted by law enforcers to stop vehicles and

motorist for inspection. This is implemented due to crimes committed by offenders such

as no licensed upon driving, illegal ownership of firearms, bringing contrabands, check

for driver sobriety, drug testing, and etc.

Police personnel’s job is no easy. It takes a risk of life to perform the job. Since it’s

very common these days that a lot of crimes committed because of vehicles carrying

unauthorized items such as drugs, smuggled goods, terrorist threat and etc., the assurance

of public safety is at risk. Therefore, police personnel has to conduct this type of

operation to ensure peace, order and security of the public.

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 The aim of this study is to know the problems encountered by police personnel in

conducting checkpoint operation within Tagbilaran city, Bohol. This is also to reveal the

measures pursued and done to address and solve the problems encountered.

Theoretical Background

The implementation of checkpoint operation as one of the crime prevention mechanisms

is anchored on the most relevant theories such as: Rational Choice Theory, Deterrence Theory,

and Desistance Theory as basis for different types of Crime prevention strategies such as

situational crime prevention, environmental crime prevention and social/ community crime

prevention strategies.

In a lecture uploaded by an instructor named Grossi (2018), he defined deterrence as the

use of penalty to cease probable law-offenders from carrying out crimes. Cesare Beccaria, a

classical criminologist, supposed that criminals would opt to violate the law only after

considering the risks and rewards of their actions. When the consequence for doing a particular

crime prevail over the reward, then the criminal will not commit the misdeed. When the

punishment is perceived as less severe than the possible rewards, violators will be more likely

to take the risk and commit a crime.

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 If criminals really do engage in this rational thought process before committing a crime,

then there is a possibility to utilize cruel punishments as a method of preventing future crimes.

Investopedia (2018) defined rational choice as a theory that assumes that all men try to

actively advance their benefits in any circumstance and therefore constantly try to lessen their

losses. The theory is anchored on the concept that all people depend their choice on rational

calculations, act with rationality when deciding, and seek to generate either pleasure or profit.

Desistance theory is a criminological phenomenon which describes how crime offenders

put a halt on their inappropriate behaviour. It is certainly has something to do with

conceptualizing offender rehabilitation and the job of a criminal, having practical applications

for the workers of probation getting along with criminals behind bars within the community as

well. (Harper, 2013)

These theories were bases of why Lawmakers and Law enforcers implement checkpoint

as one of the police activities to prevent crime and secure the community from any threats and

perils.

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Review of Related Literatures

This section contains related studies and literatures that the researchers painstakingly read
through from different sources.

An online inquiry platform called Stopthebribes posted the difference between

"road blocks" and "check points". It says that road block is when roads are blocked off

with objects like stones, sticks, tires and so on, while check points are strategic locations

where law enforcers check suspicious vehicles with a view to intercepting and convicting

criminals as well as vehicles that are stolen, while extortion is prohibited during the

operation (Stopthebribes, 2015).

Miriam-Webster dictionary gives its further legal definition of checkpoint wherein

it is a point at which an inspection or investigation is being carried out by someone

(such as a police officer) in a place where people, cars, etc., are searched before

being permitted to proceed entering or going to its destination.

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 In foreign studies about checkpoints like in the U.S.A., there are 4 known types of

checkpoints according to Atty. Goodman (2015) of Nevada DUI page and these are:

Sobriety Checkpoints: This type of checkpoint is where cops usually check if the

driver is handicapped from drinking or from other substances. Typically, sobriety

checkpoints are conducted during periods when criminal cases are rampant such as

holidays, weekends, events within the area, etc.

Witness Checkpoints/Information-seeking Checkpoints: Policemen usually seek

for assistance from the citizens in identifying vehicles or people that could have

involvement in a crime or accident.

Driver’s License Checkpoints: The aim of this checkpoint is to ensure that the

driver’s license of the motor vehicle driver is authentic and not expired or a fraud.

Border Patrol Checkpoints: These checkpoints are usually can be found in latent

areas. This type of checkpoint usually requires drivers to confirm or prove their residence

status or show documents that serve as a proof.

Here in the Philippines, the types of checkpoints are almost the same but with

additional types such as checkpoints for security during election, drug-related

checkpoints, smuggled goods checkpoint, checkpoint for potential criminal bringing

illegal contrabands, improvised explosives, and illegal possession of firearms.

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 During holidays here in the country such as Holy week, All Souls/Saints Day

Christmas, New Year, and many other holidays, checkpoint operations are being widely

conducted in different areas to make sure that public safety is a top priority.

According to Centers for Disease and Prevention website article posted about

checkpoint last December 2, 2015, it can be implemented very swiftly if officers are

trained in detecting impaired drivers, SFST [Standardized Field Sobriety Test], and

checkpoint operational procedures.

In addition to that, a usual checkpoint requires many hours from every police

personnel involved and as long the legality of this operation is therewith approved by the

authorities to whom personnel are submitting.

The Centers for Disease and Prevention again informed through its online article

that the one main purpose of checkpoint especially the sobriety type is to discourage

impaired driving, not to magnify arrests. Police usually arrest impaired drivers inspected

at checkpoints and make those arrests well-known to public, but arrests at checkpoints

should not be utilized as a measure of checkpoint effectiveness. The number of drivers

assessed during checkpoints would be a more apt measure.

Furthermore, checkpoints may serve to check the validity of driver’s licenses, seat

belt appropriate utilization, outstanding warrants, stolen vehicles, and other traffic and

criminal infractions.

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 Overall, conducting checkpoint operations is ultimately for public order and

security.

As written by DJ Yap (2012) of Philippine Daily Inquirer, he said that citizens

especially motorists must be aware of their rights when being checked by a police or

military via checkpoint.

The Philippine National Police issued guidelines on the proper conduct of

checkpoints by law enforcers as part of “rights-based policing.”

“This public advisory guides motorists on how to deal with authorities at checkpoints

and ensures implementation of proper searches and seizures to avoid violations of human

rights,” stated by PNP spokesperson Chief Supt. Agrimero Cruz Jr.

He added in a statement that the advisory must also for the purpose of giving a

warning to law enforcers who are erring and to get rid of illegal checkpoints.

As stated also by PNP Director General Nicanor Bartolome, he said, “As the

promotion of right-based policing becomes a focal point in the agenda of the PNP

leadership, the conduct of police or law enforcement must be in compliance with human

rights standards.”

Moreover, in an article posted on the Philippine Government official online page,

PNP Chief Bato dela Rosa also enumerated the following procedure that citizens must

know in order to avoid unreasonable search and seizure during checkpoints to wit:
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 -Upon checking, slow down, headlights must be dimmed and turn on cabin lights.

-Step not out of the vehicle.

- doors of vehicles must be locked during inspection since only visual search is

permitted

-Submit not to physical and body search.

- opening the glove compartment, trunk or bags are not required for the motorist.

-Be courteous but firm in answering, assert your rights, have presence of mind and do

not panic.

- driver’s license must be kept and make car registration handy.

-Be ready to utilize your cellphones at any time; speed dial emergency numbers.

-Report illegalities immediately.

According to PNP Handbook (2013) the composition in the conduct of checkpoint, the

checkpoint team shall be composed of, but not limited to, the following: a. Team Leader

(TL) - shall lead and take responsibility in the conduct of checkpoint preferably an offi

cer with the rank of at least Police Inspector;

Spotter - PNP personnel who will point/profi le suspected vehicle subject for checkpoint;

c. Spokesperson - TL or member who is in charge of communicating with the motorists

subject for checkpoint; d. Investigation Sub-team - in charge of investigation and

documentation of possible incidents in the checkpoint to include issuance of Traffi c

Citation Ticket (TCT) or Traffic Violation Report (TVR); e. Search/Arresting Sub-Team

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 - designated to conduct search, seizure and arrest, if necessary; f. Security Sub-Team -

tasked to provide security in the checkpoint area; and g. Blocking/Pursuing Sub-Team -

team tasked to block/ pursue fleeing suspects/vehicle.

Dela Rosa also prompted Units and Personnel of PNP to operate checkpoints in

accordance to the general guidelines prescribed in the Revised Police Operational

Procedures that require checkpoints to be established in areas that are well-lighted and

law enforcers must be in complete uniform with their nameplates visible. He also

encouraged PNP and AFP personnel encharge of checkpoints to be polite in dealing with

motorists.

According to ABS-CBN News, the crime rate nationwide from July 2016 to June

2018 went down to 21.48 percent compared to the same period from 2014 to 2016,

Philippine National Police (PNP) data revealed. When it comes to the index crime

solution efficiency rate escalates from July 2014 to June 2016 from 32.04 percent to

37.73 percent from July 2016 to June 2018.

The crime solution efficiency rate too has made an improvement that is from 51.44

percent from July 2014 to June 2016 to 62.13 percent from July 2016 to June 2018.

(Macapagal, 2018)

With the proper and prompt enforcement of the law by the police personnel, the

result is quite impressive. As law enforcers, the following police power and functions

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 stated in REPUBLIC ACT 6975 “Department of the Interior and Local Government Act

of 1990”, section 24, must always be practiced, observed, and bear in mind and heart:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders

to justice and assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the

Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law,

informing the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of fi rearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue

licenses to operate security agencies, and to security guards and private detectives, for the

practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

(PNP HANDBOOK PNPM-DO-DS-3-2-13, 2013)

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THE PROBLEM

Statement of the Problem

The questions that seek to be given answers are as follows:

1. What are the demographic profile of the respondents in terms of:

 Age

 Gender

 Civil Status

 Educational Attainment

 Length of service or tenure

2. What are the common problems encountered by police officer in the conduct of

checkpoint operation in Tagbilaran City in terms of:

 Apprehension of offenders

 Acquisition of evidence

 Institution of criminal action

3. What are the measures adopted by the police personnel to solve the problems

encountered during checkpoint operations?

4. What is the output of this study?

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 Significance of the Study

This study will be beneficial to the following:

Criminology students:
=> The result of this study will give an additional knowledge for the criminology

students what it is like having problems encountered during checkpoint operations.

It shall be a great guidelines so that when time comes that they will experience it

also, they automatically get the initiatives what the right approach to do when

solving such problems.

Other Police Personnel:

 They can relate with the same experience and may motivate to also share the

essence of experience to other next generation of criminologists to contribute

producing knowledgeable men of the field.

Researchers:
 This is beneficial in the part of the researchers knowing that the data they may

gather from this study they conducted will not only make them pass the

research project but also will find fulfillment being able to share data or

information to readers beneficial for public safety.

Law-makers and Law-enforcers:

 This study will give an additional ideas for the law-makers and law-enforcers

to continue pursuing authoring bills to law and enforce such law the more

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 efficient and effective ways respectively. This is to make them also realized the

realities in the ground to understand more the field of criminology is really no

easy and that certain problems must be addressed for solutions.

Criminology Teachers/Professors/Educators:

 This will help them also be encouraged to teach more to their criminology

students about this kind of information so that their students will learn and

value what they are into while being motivated in the familiarity of everything

in the field.

Other researchers:
 This study shall serve as their reference to further discover what more are there
to figure out with regards to the same nature of study conducted.

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 RESEARCH METHODOLOGY

Research Design

In this study, a descriptive quantitative research will be its design and will utilize survey

as its technique. A survey is a data-gathering technique that makes you obtain facts or

information about the subject or object of your research through data gathering instruments

such as interviews and questionnaires.

It describes the attitudes, preferences, views, feelings, and other behavioural patterns of a

big number of people for arriving at a certain conclusion about societal concerns and issues.

(Baraceros, 2016)

Research Environment

The study will be conducted just within the Tagbilaran City area. Upon successfully

selecting respondents to participate the study, the researchers will make a scheduled interview in

an appointed place that is suit enough to gather information and amenable enough for the

respondents to go to. It can also be that the researchers will based the appointment of time, date,

and place based on the availability and convenience on the part of the respondents during

collection of data.

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Research Respondents

The respondents of this study will be police personnel of Tagbilaran City, Bohol

Philippine National Police (PNP) who encountered problems during the conduct of checkpoint

operations in the said city. A total of atleast 30 respondents will be requested for consent to

participate for this study. A random sampling will be used to select the participants of this

study.

A simple random sampling as defined by Alston (2014) is a sampling technique that

involves choosing a sample according to the requirement of the thesis and out

of that sample, anyone on the sample can be selected. DePersio (2018) also added that with a

simple random sampling, every member of the larger has an equal chance of being selected. It is

also considered as a fair way of selecting a sample from a given population since every member

is given equal opportunities of being selected.

With this number of respondents, however, it shall be valid enough as samples to

represent the whole population of police personnel with the same nature of assignment or job

for crime prevention purposes and provide optimum security for the public sake as possible.

Research Instruments

The main instrument used for the study will be a questionnaire. A

questionnaire is a paper containing series of questions formulated for an individual and

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independent answering by several respondents for obtaining statistical information. Each

questions offers a number of probable answers from which the respondents, on the basis or

their own judgement will choose the best answer. (Arcinas & Mactal, 2016)

Research Procedure

Data Collection
The researchers will be writing, sending a letter to seek permission or consent from
the respondents regarding participation in study. This shall be checked and validated by
the research adviser beforehand. This will also signed by the adviser, researchers and
Dean of College of Criminology.
Upon the approval of the letter, the researchers will be defining and presenting the
statement of the problem. Once it will be approved by the adviser, the researchers will
then start the proceedings for the reading of literature and related studies by visiting
libraries to draft the Review and Related Literatures section of the paper.
The formulation of questionnaire will also be pursued and will be checked and
validated by the adviser and other experts in the field. It will be used during the
researchers’ interview for the respondents.
Prior to the interview, the researchers will build rapport with the respondents and
explain carefully again the objectives of the study.

Data Analysis

The data will be recorded using a video camera or audio recorder, analyzed, and

interpreted. Percentage and frequency distribution will be utilized as statistical tool and

the result will be presented in tabular form. The formula shall be as follows:

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 Percentage and frequency distribution will be used for the profile of the

respondents. And weighted mean for the problems encountered by the police personnel.

DEFINITION OF TERMS

Crime prevention =>

Checkpoint =>
Roadblock=>
Desistance =>
Deterence =>
Apprehension =>
Acquisition =>
Implementation =>
Evidence =>
Tenure =>

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REFERENCES

Books

Baraceros, R. (2016). Practical Research. Manila: Rex Publisher

Arcina, M. & Mactal, R. (2016). Applied Research. Quezon City: Phoenix Publishing
House, Inc.

Online

Retrieved from: https://explorable.com/descriptive-research-design

Retrieved from: http://newsinfo.inquirer.net/174973/pnp-issues-reminders-on-motorists’-
rights-at-police-checkpoints
Retrieved from: https://jlp-law.com/blog/checkpoints-and-the-right-against-unreasonable-
search-and-seizure/
Retrieved from: https://nevadadui.wordpress.com/2015/05/22/4-types-of-checkpoints-
you-might-encounter-in-the-us/
Retrieved from: https://www.ukessays.com/essays/criminology/key-theories-of-
desistance-from-crime-criminology-essay.php
Retrieved from: http://criminology.wikia.com/wiki/Deterrence_Theory
Retrieved from: https://www.sagaciousnewsnetwork.com/police-use-ten-different-types-
of-checkpoints/
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 APPENDICES
A – Transmittal Letter
B – Questionnaire
C – Location Map

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 CURRICULUM VITAE

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