Published 6 January 2025, The Daily Tribune
Unlike in other countries, malls in the Philippines have evolved from being mere places to shop into venues for various recreational activities and leisure time with family and friends. Not a few attribute this phenomenon to the country’s hot and humid climate, which entices citizens to spend their free time in the air-conditioned confines of malls. Regardless of the reason, the high foot traffic in malls necessitates the placement of security personnel.
In this regard, it is common knowledge that prior to mall entry, security guards routinely conduct searches of bags of the mall-goers to ensure that no illicit weapons or substances are brought onto the premises. Two choices are thus presented: consent to the search of their personal belongings or be denied entry.
This begs the question: Do security guards violate a person’s constitutional right against unreasonable searches when they require the inspection of a bag’s contents before granting entry to a mall?
The Supreme Court answered in the negative.
In People v. Marti (G.R. No. 81561, 18 January 1991), the High Court clarified that “if the search is made at the behest or initiative of the proprietor of a private establishment for its own and private purposes and without the intervention of police authorities, the right against unreasonable search and seizure cannot be invoked for only the act of private individual, not the law enforcers, is involved.”
It bears stressing that security guards, including those stationed in malls, are not public officers or government employees, nor are they members of the police force. They are simply private individuals employed by security agencies to protect the areas assigned to them by their clients.
Parenthetically, while malls are undeniably spaces open to the general public, this does not mean they are public areas where anyone can enter without undergoing the security checks and measures in place. To highlight, malls are private spaces owned by private entities. Therefore, the owners of malls have the discretion—and, in fact, the right—to impose security measures to ensure the safety of their employees, properties, and customers.
With
that said, the next time you go to a mall, readily present your bag for
checking, for at the end of the day, the benefits of this exercise far outweigh
any minor inconvenience you may experience.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
