Baguio council wants ban on opening of car trunks in malls

By Dexter A. See

BAGUIO CITY  – The City Council approved on first reading a 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 or their presence when such consent is given.

            The ordinance authored by Councilor Edgar M. Avila stated that the local government recognizes Section 2, Article 3 of the 1987 Constitution 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 be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses they may produce, and particularly describing the place to be searched and the persons or things to be seized.

            Under the proposed ordinance, all Philippine National Police (PNP) personnel or security guards in malls and other gated areas must refraim from requiring motorists from opening their trunks or backdoors without the consent of the motor vehicle owner or their presence when such consent is given.

            However, the provisions of the ordinance shall not apply when national security and requirements of peace and order need to be implemented by the PNP personnel.

            The ordinance noted that a search without a warrant is always considered unreasonable, unlawful and unconstitutional.

            The filing of the ordinance was inspired by a warning posted on social media by a motorist who was nearly caught by alleged erring law enforcers who might have planted pieces of evidence that could have resulted to the filing of drug related cases against them.

            The concerned individual narrated that while he was on his way home, a policeman allegedly signalled him to stop and as he stopped, the law enforcer asked him to open the trunk of his car.

            He allegedly opened the trunk from inside and was about to step down but the policemen told him that it was okay for him to go.

            He started his car and proceeded on his way home but something struck his mind as from his rear view mirror, he saw one of the policemen immediately holding on his phone.

            He went a bit ahead and looked for a good road light, stopped his car. He immediately switched off the engine, went  and open his car trunk and was shocked to see small zip lock pouches with white crystals inside and then decided to throw them away before proceeding to his journey.

            The concerned individual claimed that the policeman might have informed their by standing fellow officers at the next checkpoint to get hold of his car because approximately half a mile later, he was stopped by another policeman. The law enforcer also requested him to open the trunk of his car, this time, he went down, went behind and opened the trunk physically and he  was sure that the law enforcer might have been puzzled and surprised because they did not find anything inside the car.