FIFTEENTH CONGRESS
First Regular Session

Hous Biff No_5342

Introduced by: Congressman Mohammed Hussein P. Panganda
Representative, 1 Dist Lanao del Sur

EXPLANATORY NOTE

Over the years, there had been a steady increase in crimes happening in malls,
shooting incidents, in particular. In 2011 alone, there have been three separate
incidents of gun shooting in several malls, leaving four people dead.

On July 29, a security guard was killed in a shootout with Games and Amusement
Board Employee inside a restroom of a shopping mall in Iloilo City. On September
14, Shella Macapugay shot and killed her husband, Abel, a sales clerk, after allegedly
leaving her fo another woman. A security guard who tried to stop the assailant killing
herself was also shot and later died.

The latest unfortunate incident happened in a mall in the City of San Fernando,
Pampanga wherein two male minors, of 13 and 16 years of age, were killed. The 13-
year old has committed suicide after allegedly shooting the 16-year old.

In October of 2009, six men robbed a watch store in a prestigious mall in broad
daylight. One robbed was left dead after a shoot-out with police men.

These are examples of instances, wherein given the proper training and knowledge of
the guards, should have been avoided. Mall goers have gone thru security checks
before entering these shopping establishments and the like (and sometimes even after
exiting some stores). A lot have experience annoyance, and even frustration when
they submit themselves to inspections. However, the question remains: Are the
security checks in line with proper protocols? Do security personnel know how to
properly execute the security check? Or do the security guards even know what they
are looking for whenever they poke thru the person or bags of their patrons?

These are primary--yet vital~things that should be considered when we talk about
security and protection of the customers, and the employees themselves. This is also a
very significant matter to be looked into especially of the personnel and security
guards who conduct the search.

‘This Bill aims to protect and secure the interests of the buying public for unreasonable
searches, As for the security guards the burden of being blamed for untoward


incidents that happen in malls and other commercial places shall be with a basis. We
cannot just make these guards responsible for these kinds of events because of lack of
training and gadgets to attend to their duties.

In view hereof, early approval of this bill is earnestly sought.

MOHAMME! fN P. PANGANDAMAN

Representative, 1* District of Lanao Del Sur


FIFTEENTH CONGRESS
First Regular Session

House Bill No_ 93842

Introduced by: Congressman Mohammed Hussein P. Pangandaman
Representative, I“ Dist Lanao del Sur

AN ACT REQUIRING ALL SHOPPING MALLS, GROCERIES, BANKS and
OTHER FINANCIAL INSTITUTIONS to INSTALL X-RAY SECURITY
ELECTRONIC SCANNERS on ALL of THEIR ENTRANCE for PURPOSES of
SECURITY of the ESTABLISHMENT as WELL as the PRIVACY of THEIR:
PATRONS and CUSTOMERS.

a? oe

Section 1. SHORT TITLE ~ This Act shall be known as the “Business Wstablishments
Electronic Scanners Act of 2011”

Section 2. DEFINITION OF TERMS - For purposes of this Act, the term,

* Business establishments — shall include, but not limited to, shopping malls,
groceries, mini- _ marts, banks and other financial institutions;

© Other financial institutions ~ shall include, but not limited to, moneychangers,
moneylenders, pawnshops, and the likes.

© Xray security electronic scanner ~ is a device placed on the entrance doorway of
the business establishment to frisk a person without making any physical contact;

* Handheld metal detector - is a device which responds to metal that may not be
readily apparent

Section 3, COVERAGE OF THIS ACT ~ All pusiness establishments in the Philippines,
SHALL place an X-Ray Security Electronic Scanner in the entrance door/s of their respective
establishments; Provided that mini groceries, minimarts and the like shall issue handheld
metal detectors to their security officers/guards, These gadgets shall be used to check the
people and their belongings before they enter the establishment


‘The security officer/gdard on duty shall avoid any physical inspection on the body and/or the
belongings of the person who intends to enter the establishment, but may otficrwise do so if
the X — Ray Security Electronic Scanners’ or Handheld Metal Detectors’ alarm yoes off.

Section ENALTY ~ Person/Persons who will violate this Act shall be punished with an
imprisonment for a period of six (6) months and one (1) day to one (1) year, to the discretion
of the court.

Section 5. IMPLEMENTING RULES AND REGULATION ~ The Secretary of the
Department of Interior and Local Government and the Commission on Human Rights in
coordination with the Philippine National Police shall issue the necessary rules and
regulations to implement this Act. ‘

Section 6, SEPERABILITY CLAUSE ~ If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions which are not affected shall continue to be in full
force and effect,

Section 7. REPEALING CLAUSE ~ All laws, presidential decrees, executive orders, rules
and regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly

Section 8, EFFECTIVITY — This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

APPROVED,