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Subdivision Security Guards Opening Car Trunks

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jpadriga


Arresto Menor
Hello. I'm a newly elected Board of Director of the Homeowners Association of a large residential subdivision (2600+ homeowners) in Central Luzon. We recently replaced our security agency with a new one and in view of a number of recent unsolved burglaries, we required our security force to inspect the trunks of all vehicles entering and exiting our village.

One of the residents has been very vocal against this policy and he is stating that this is an illegal and/or unconstitutional act. He is citing a recent DOJ advisory (
http://www.doj.gov.ph/index.php?rt=&tsq1=67) stating that the military and police are not allowed to do this. On the other hand, I am saying that this does not cover private security forces as this procedure is regularly done in malls and hotels.

Is our security procedure legal? Please provide me a link for reference. Thank you.

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just my thoughts,

considering the ruling made by DOJ on the checkpoints done in the metropolis by military and police elements, the resident is correct with his premise. However, being a newly elected board of director of a private homeowner's association, you can set rules, policies and procedures that are not violative of the law and do not run contrary to the existing policies of the local government. If I may be allowed to suggest, all your actions should be discussed and be agreed upon by all the members of your board. Any action, improvements and implementation of your policies should be covered by a board resolution. With this, residents who are in opposition of the implementation,can be apprised of your actions and this can justify and prove that your actions are legal and is authorized by the duly elected board of directors of your association. By the way, private security has a separate mandate in the implementation of its policy. You can get a copy of it before the Office of PNP-SAGSD in Camp Crame, the office incharged in the supervision and control of all private security agencies in the country.

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