Subdivision Security Guards Opening Car Trunks

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.

indeed the right against unreasonable searches applies only against the State.

i do have to say that there is a difference between a mall and a subdivision. a mall invites people to enter but makes it a pre-condition that they allow to be searched. in a subdivision, a homeowner has the right to enter.

perhaps you can limit your searches to cars to non-homeowners and those without stickers. even if you suspect an insider as involved, these security measures are hardly effective as a deterrent.