BAGUIO City Councilor Edgar Avila is protesting the act of opening car trucks without cause.
Avila recently filed proposed ordinance prohibiting law enforcers and security guards in malls and other gated areas from requiring motorists to open their trunks or backdoors without the consent of the motor vehicle owner.
“A search without a warrant is always unreasonable, unlawful and unconstitutional,” Avila said.
The alderman said the new law covers malls, parks and other public and private places where people are required to open car trunks which he described to be an unnecessary nuisance as well as a safety precaution for the public.
If the new law is passed, all PNP personnel and/or security guards in malls and other gated areas must refrain from requiring motorists to open their trunks or back doors without the consent of the motor vehicle owner or their presence when such consent is given.
Avila cited social media message which drew inspiration for the new law to be proposed, citing a private citizen opening his car trunk but noticed suspicious actions of a policeman prompting him to inspect his car after the checkpoint.
The netizen then relayed, he found drugs planted in his car and quickly disposed of it, ridding his car of illegal drugs which saved his life when he reached the next checkpoint when authorities again opened his car trunk for inspection.
“The City Government of Baguio recognizes Section 2, Article III of the 1987 Constitution of the Republic of the Philippines which specifically provides that, The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized,” he added.
He, however, said the rule should not apply when national security and requirements of peace and order need to be implemented by the Philippine National Police.