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Canlas: Mandatory hiring of security guards arbitrary, conflicting with other laws

Businessmen opposing the mandatory hiring of security guards found an ally in a lawyer and a member of the Provincial Board.

Atty. Ananias Canlas, Board Member of the 3rd District, branded as arbitrary and conflicting with other laws the measure being proposed by City Council of San Fernando.

Canlas said the proposed city ordinance here requiring businesses to hire security guards prior to being issed business permits is also lacking clear alignment with public policy objectives and potentially violating constitutional rights.

According to the Board Member, the proposed ordinance appears arbitrary and lacking a clear rationale.

“The ordinance fails to provide any evidence or data suggesting that businesses without security guards pose a higher risk to public safety. Without a clear link between security guards and business permit issuance, this requirement may be viewed as an arbitrary burden imposed on business owners,” he added.

Canlas added that it may also conflict with existing laws and regulations governing business operations.

“It is essential to assess whether this requirement aligns with established legislation, such as labor laws, employment regulations, and business licensing guidelines. Any inconsistencies or contradictions must be addressed to ensure legal compliance and avoid potential legal challenges,” he explained.

He added that the ordinance’s alignment with public policy objectives must be critically evaluated.

“While public safety is undoubtedly a priority, mandating the hiring of security guards for all businesses may not be the most effective or efficient approach. Alternative measures, such as encouraging businesses to implement security systems or providing incentives for voluntary security measures, should be explored. A comprehensive evaluation of the potential impact on businesses, the economy, and public safety should be conducted before implementing such a requirement,” he said.

It may also raise constitutional concerns, particularly regarding the violation of business owners’ rights, Canlas noted.

“The requirement to hire security guards as a condition for obtaining a business permit could be seen as an infringement on business owners’ freedom to manage their operations as they see fit. This potential violation of constitutional rights should be carefully considered and weighed against the intended benefits of the proposed ordinance,” he said.

These are just some of the drawbacks and concerns surrounding this proposed ordinance, Canlas claimed.

“Further analysis, consultation, and consideration of alternative approaches are necessary to ensure that any measures taken to enhance public safety are reasonable, fair, and effective without unduly burdening businesses,” he ended.