Republic of the Philippines
HOUSE OF REPRESENTATIV.
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No.__ 123

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

Republic Act No. 5487, otherwise known as the Private Security Industry Act was
enacted into law on June 21, 1969 and subsequently amended by Presidential Decree No. 11 in
October 3, 1972. There have been immense developments and expansion of the private security
industry after more than forty years since the law was first passed, but the law remains the same.

Private security industry. Amendments introduced to Republic Act No. 5487 are intended te
address the needs and concems of security guards, with the goal of improving their well-being,
status in life and providing them with a deeper sense of pride in serving and protecting their
fellow Filipinos,

The Bill also intends to increase the efficiency of the security industry by introducing
amendments to lessen bureaucracy with respect to licensing, operation and regulation of private
jecurity agencies, It also gives the agency players a greater role in the drafting of regulations and
issuances related to and affecting private security agencies and private security personnel.

Another important amendment to R.A. No. 5487 that is introduced in this Bill is the
provision on safeguards for the public against private security agencies that act as private armies,
These safeguards become relevant with the advent of alleged human rights violations al
clection-related violence that have both been associated with the existence of private ammice,

Amendments to the Private Security Agency Act are necessary in order to make the law
andeat ponsive to the changing times and changing needs not only of the private security
industry but also the society.

Approval of this Bill is eamestly sought.

hae YH
EMMELINE Y. AGLIPAY
Representative, DIWA Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION
: 123

House Bill No.__ ~~

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay

AN ACT STRENGTHENING THE PRIVATE SECURITY INDUSTRY,
AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 5487,
OTHERWISE KNOWN AS THE ACT TO REGULATE THE ORGANIZATION AND
OPERATION OF PRIVATE DETECTIVE,

WATCHMEN OR SECURITY GUARDS AGENCIES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title of Act. This Act shall be known as "The Private Security Agency Act of
2013."

Section 2. Section 3 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, with the addition of the following subparagraphs, to read as follows:

Section 3. Definition of Terms.
a) Person ~ As used in this Act, person shall include not only natural but
also juridical persons such as SINGLE PROPRIETORSHIPS,
partnerships, corporations, companIES or associationS, duly organized
and registered with the Securities and Exchange Commission and/or the
DEPARTMENT OF TRADE AND INDUSTRY.

}) PRIVATE SECURITY SERVICES — SHALL INCLUDE THE
FOLLOWING ACTS WHICH ARE RENDERED ON A
COMPENSATED BASIS:

(1) PROVIDING OR RENDERING SERVICES TO WATCH
A PUBLIC OR PRIVATE ESTABLISHMENT;

(2) CONDUCTING ACCESS CONTROL IN ANY FORM -
WHETHER PHYSICALLY, MANUALLY OR BY
ELECTRONIC MONITORING SYSTEMS, FOR THE
PURPOSE OF SECURING SUCH AREA/PROPERTY,
AND; AT THE SAME TIME

(3) PROVIDING SAFETY AND PROTECTION OF

PERSONS WITHIN SUCH AREAS;

MAINTAINING PEACE AND ORDER WITHIN SUCH

AREAS;

a


(5) OTHER RELATED ACTIVITIES NECESSARY TO
PERFORM SUCH FUNCTIONS; AND

(6) OTHER ACTIVITIES TO CATER TO THE
SPECIALIZED SECURITY NEEDS THAT THE SOSIA
MAY APPROVE.

PRIVATE SECURITY SERVICES SHALL HAVE THE
FOLLOWING COMPONENTS:

(1) SECURITY GUARD SERVICES;

(2) PROTECTIVE AGENT SERVICES;

(3) DETECTIVE AGENT SERVICES; AND
(4) SECURITY CONSULTANCY SERVICES.

IT SHALL ALSO INCLUDE THE ACT OF
CONTRACTING, RECRUITING, TRAINING, FURNISHING OR
POSTING ANY SECURITY GUARD.

¢) SECURITY GUARD SERVICES - SHALL INCLUDE THE
PROVISION OF LICENSED SECURITY PERSONNEL WHO
PERFORM PRIVATE SECURITY SERVICES AS DEFINED IN
3(b) AT A DEFINED AREA, E.G. INDUSTRIAL PLANTS,
FINANCIAL INSTITUTIONS, EDUCATIONAL INSTITUTIONS,
OFFICE BUILDINGS, GOVERNMENT FACILITIES, RETAIL
ESTABLISHMENTS, COMMERCIAL COMPLEXES, HEALTH
CARE FACILITIES, RECREATIONAL FACILITIES, RESIDENCE
AND HOUSING DEVELOPMENT, TRANSPORTATIONS
VEHICLES AND FACILITIES, WAREHOUSES AND GOODS
DISTRIBUTION DEPOTS.

(d) SECURITY CONSULTANCY SERVICES - SHALL INCLUDE
THE PROVISION OF LICENSED SECURITY PERSONNEL WHO.
PERFORM SECURITY CONSULTANCY-RELATED SERVICES
SUCH AS FORMULATING A SECURITY PLAN, THREAT AND
VULNERABILITY ASSESSMENT, SITE SURVEYING,
SECURITY AUDITING, RISK MANAGEMENT, TRAVEL
SECURITY TRAINING, HOSTAGE AVOIDANCE, EVACUATION
PLANNING, AND INCIDENT MANAGEMENT.

e) PRIVATE SECURITY PERSONNEL - SHALL BE NATURAL
PERSONS WHICH INCLUDE PRIVATE SECURITY GUARDS,
PRIVATE DETECTIVES, PROTECTION AGENTS, SECURITY
CONSULTANTS, SECURITY OFFICERS AND OTHER
CERTIFIED OR LICENSED SERVICE PROVIDERS
RENDERING/PERFORMING SECURITY AND/OR DETECTIVE
SERVICES AS EMPLOYED BY PRIVATE SECURITY AGENCIES
AND/OR PRIVATE FIRMS.

f) PRIVATE Security Guard (SG) - SOMETIMES CALLED
PRIVATE SECURITY GUARD OR WATCHMAN SHALL
INCLUDE any person who offers or renders personal service to: (1)
watch or secure either RESIDENCES, business establishmentS,
buildingS, compoundS, areaS, OR PROPERTIES; (2) INSPECT OR
MONITOR, CONDUCT BODILY CHECKS OR SEARCHES OF
INDIVIDUALS AND/OR BAGGAGE AND OTHER FORMS OF
SECURITY INSPECTION, WHETHER PHYSICALLY/
MANUALLY OR ELECTRONICALLY, including but not limited to,


logging concessions and agricultural, mining or pasture lands,
transportation, for hire or compensation.

8) PROTECTION AGENT (PA) —- SHALL REFER TO ANY
NATURAL PERSON WHO OFFERS HIS SERVICES TO
PROTECT ANOTHER NATURAL PERSON FOR HIRE OR
COMPENSATION, AGAINST UNLAWFUL ACTIVITIES, HARM,
DANGER, OR INJURIES. SAID PERSON SHALL HAVE
UNDERGONE THE TRAINING COURSE FOR PROTECTION
AGENTS, AS MANDATED, DESIGNED AND IMPLEMENTED IN
ACCORDANCE WITH THIS LAW.

h) Private Detective (PD) — SHALL MEAN ANY PERSON
LICENSED AND QUALIFIED TO PERFORM DETECTIVE
WORK ON A COMPENSATED BASIS, OTHER THAN MEMBERS
OF THE PHILIPPINE NATIONAL POLICE, ARMED FORCES OF
THE PHILIPPINES, GUARDS OF THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY, MUNICIPAL OR CITY JAIL
GUARDS, PROVINCIAL JAIL GUARDS AND OR ANY OTHER
MEMBERS OF LAW ENFORCEMENT AGENCIES OF THE
GOVERNMENT;

i) PRIVATE SECURITY AGENCY (PSA) - SHALL MEAN ANY
PERSON ASSOCIATION, PARTNERSHIP, FIRM OR PRIVATE
CORPORATION WHO IS LICENSED TO PROVIDE PRIVATE
SECURITY SERVICES AS DEFINED IN SECTION 3 (b) HEREOF.

j) LICENSE TO EXERCISE PROFESSION — SHALL MEAN ANY
VALID AND AUTHENTIC DOCUMENT ISSUED BY THE CHIEF
OF THE PHILIPPINE NATIONAL POLICE OR HIS DULY
AUTHORIZED REPRESENTATIVE, RECOGNIZING A PERSON
TO BE QUALIFIED TO PERFORM HIS DUTIES AS PRIVATE
SECURITY PERSONNEL, AS DEFINED IN SECTION 3 (e)
HEREOF.

k) LICENSE TO OPERATE (LTO) - 1S A LICENSE CERTIFICATE
DOCUMENT, ISSUED BY THE CHIEF OF THE PHILIPPINE
NATIONAL POLICE OR HIS DULY AUTHORIZED
REPRESENTATIVE, AUTHORIZING A PERSON TO ENGAGE IN
EMPLOYING SECURITY GUARD, DETECTIVE OR
PROTECTIVE SERVICES, OR A JURIDICAL PERSON TO
ESTABLISH, ENGAGE, DIRECT, MANAGE OR OPERATE AN
INDIVIDUAL OR A PRIVATE SECURITY AGENCY/COMPANY,
DETECTIVE OR PROTECTIVE AGENCY/COMPANY AFTER
PAYMENT OF THE PRESCRIBED DUES OR FEES AND AFTER.
COMPLYING WITH ALL THE REQUIREMENTS AS PROVIDED
BY THE RULES AND REGULATIONS IMPLEMENTING THIS
ACT.

)) PADPAO REFERS TO THE PHILIPPINE ASSOCIATION OF
DETECTIVE AND PROTECTIVE AGENCY OPERATORS, INC.,
WHICH IS AN ASSOCIATION OF ALL LICENSED SECURITY
AGENCIES AND COMPANY SECURITY FORCES.

Section 3. Section 4 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:


Section 4. Who May Organize a Private Security Agency. — Any Filipino
citizen or a corporation, partnership, or association one hundred percent
(100%) of which is owned and controlled by Filipino citizens may
organize a PRIVATE SECURITY AGENCY. The operator or licensee
of the said agency must be at least 25 years of age, a college graduate, of
good moral character, having no previous record of conviction of any
crime or offense involving moral turpitude and not suffering from any of
the following disqualifications:

(1) Having been dishonorably discharged or separated from the
Armed Forces of the Philippines, PHILIPPINE NATIONAL
POLICE AND OTHER GOVERNMENT LAW
ENFORCEMENT AGENCIES;

(2) Being a mental incompetent;
(3) Being addicted to the use of narcotic drug or drugs; and
(4) Being a habitual drunkard.

THE MINIMUM CAPITAL REQUIREMENT AND MINIMUM
BANK DEPOSIT REQUIRED OF PRIVATE SECURITY
AGENCIES SHALL BE DETERMINED BY THE CHIEF OF THE
PNP IN CONSULTATION WITH VARIOUS STAKEHOLDERS
E.G. PADPAO THROUGH THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT.

For purposes of this Act, elective or appointive government employees
who may be called upon on account of the functions of their respective
offices in the implementation and enforcement of the provisions of this
Act and any person related to such government employees by affinity or
consanguinity in the third civil degree shall not hold any interest, directly
or indirectly in any PRIVATE SECURITY AGENCY.

Section 4. Section 5 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, with the addition of the following subparagraphs, to read as follows:

Section 5. WHO MAY APPLY FOR A LICENSE TO EXERCISE PRIVATE
SECURITY PROFESSION. — ANY FILIPINO CITIZEN MAY APPLY FOR
A LICENSE TO EXERCISE PRIVATE SECURITY PROFESSION IN
ORDER TO ENGAGE IN THE OCCUPATION, CALLING OR
EMPLOYMENT EITHER AS A PRIVATE SECURITY GUARD,
PRIVATE SECURITY OFFICER, PRIVATE DETECTIVE,
PROTECTION AGENT AND/OR PRIVATE SECURITY CONSULTANT,
AFTER COMPLYING WITH BOTH ACADEMIC/SCHOLASTIC AND
SKILLS/TRAINING REQUIREMENTS SUBJECT TO OTHER
REQUIREMENTS PRESCRIBED HEREINUNDER.

A. BASIC REOUBEMENTS OF PRIVATE SECURITY PERSONNEL —
1. FILIPINO CITIZEN;

2. NOT BE LESS THAN EIGHTEEN (18) YEARS OF AGE;

3. MUST HAVE TAKEN A_ PRIVATE SECURITY
COURSE/SEMINAR AND/OR MUST HAVE ADEQUATE
TRAINING;

4, OF GOOD MORAL CHARACTER AND MUST NOT HAVE
BEEN CONVICTED OF ANY CRIME OR OFFENSE OF
MORAL TURPITUDE;


5. MUST BE PHYSICALLY AND MENTALLY FIT; AND

6. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT-
ACCREDITED NEURO-PSYCHIATRIC TESTING
CENTER.

B. QUALIFICATIONS OF A PRIVATE SECURITY GUARD. — NO PERSON
SHALL BE LICENSED AS A SECURITY GUARD FOR PRIVATE
SECURITY AGENCIES AND COMPANY GUARD FORCES UNLESS
HE/SHE POSSESSES THE FOLLOWING QUALIFICATIONS:

1, FILIPINO CITIZEN;

2. HIGH SCHOOL GRADUATE;

3. PHYSICALLY AND MENTALLY FIT;

4. NOT LESS THAN EIGHTEEN (18) YEARS OF AGE NOR
MORE THAN FIFTY (50) YEARS OF AGE (FOR NEW
APPLICANTS AND SG’S IN NON-SUPERVISORY
POSITIONS);

5. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT-
ACCREDITED NEURO-PSYCHIATRIC TESTING
CENTER; AND

6. HAS UNDERGONE A_ PRE-LICENSING TRAINING
COURSE OR ITS EQUIVALENT.

NO LICENSE SHALL BE RENEWED FOR SECURITY GUARDS
BEYOND THE AGE OF FIFTY SIX (56) YEARS OLD.

(C. QUALIFICATIONS OF A SECURITY OFFICER. - NO PERSON SHALL
BE LICENSED AS A SECURITY OFFICER UNLESS HE HAS THE
FOLLOWING QUALIFICATIONS:
1, FILIPINO CITIZEN;
2. HOLDER OF A BACCALAUREATE DEGREE; OR ONE
‘WHO IS WITHOUT A BACCALAUREATE DEGREE BUT
HAS EARNED/COMPLETED AT LEAST SEVENTY TWO
(72) UNITS IN ANY COLLEGE/VOCATIONAL COURSE
AND HAS AT LEAST FIVE (5) YEARS EXPERIENCE IN
ANY SUPERVISORY POSITION;
. PHYSICALLY AND MENTALLY FIT;
} HAS GRADUATED FROM A SECURITY OFFICER
TRAINING COURSE OR ITS EQUIVALENT; AND
5. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT —
ACCREDITED NEURO-PSYCHIATRIC TESTING
CENTER.

ay

D. QUALIFICATIONS OF SECURITY CONSULTANTS. - NO PERSON
SHALL BE LICENSED AS A SECURITY CONSULTANT UNLESS HE
POSSESSES THE FOLLOWING QUALIFICATIONS:

1, PHYSICALLY AND MENTALLY FIT;

2. HOLDER OF A BACCALAUREATE DEGREE;

3. HAS AT LEAST TEN (10) YEARS EXPERIENCE IN THE
OPERATION AND MANAGEMENT OF SECURITY
BUSINESS; AND

4. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT-
ACCREDITED NEURO-PSYCHIATRIC TESTING
CENTER.


E. QUALIFICATIONS OF A PRIVATE DETECTIVE. - NO PERSON
SHALL BE LICENSED AS A PRIVATE DETECTIVE UNLESS HE
POSSESSES THE FOLLOWING QUALIFICATIONS:

1. FILIPINO CITIZEN;

2. PHYSICALLY AND MENTALLY FIT;

3. HOLDER OF A_ BACCALAUREATE DEGREE
PREFERABLY BACHELOR OF LAWS OR BACHELOR OF
SCIENCE IN CRIMINOLOGY;

4, GRADUATE OF A CRIMINAL INVESTIGATION COURSE
OFFERED BY THE PHILIPPINE NATIONAL POLICE OR
THE NATIONAL BUREAU OF INVESTIGATION OR ANY
POLICE TRAINING SCHOOL, OR A_ DETECTIVE
TRAINING IN ANY AUTHORIZED/RECOGNIZED
TRAINING CENTER; AND

5. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT-
ACCREDITED NEURO-PSYCHIATRIC TESTING
CENTER.

F. QUALIFICATIONS OF A PROTECTION AGENT. - NO PERSON
SHALL BE LICENSED AS A PROTECTION AGENT UNLESS HE
POSSESSES THE FOLLOWING QUALIFICATIONS:

1. FILIPINO CITIZEN;

2. HAS PASSED THE NEURO-PSYCHIATRIC TEST AND
DRUG TEST ADMINISTERED BY ANY GOVERNMENT-
ACCREDITED — NEURO-PSYCHIATRIC TESTING
CENTER;

3. HOLDER OF A BACCALAUREATE DEGREE OR ONE
WHO IS WITHOUT A BACCALAUREATE DEGREE BUT
HAS EARNED/COMPLETED AT LEAST SEVENTY TWO
(72) UNITS IN ANY COLLEGE/VOCATIONAL COURSE
AND HAS AT LEAST FIVE (5) YEARS EXPERIENCE IN
ANY SUPERVISORY POSITION;

4. NOT LESS TWENTY FIVE (25) YEARS OLD BUT NOT
MORE THAN FIFTY SIX (56) YEARS OLD.

Section 5. Section 6 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, with the addition of the following subparagraphs, to read as follows:

SECTION 6. License Necessary.

(A) No person shall engage in the business of or act as a PRIVATE SECURITY
AGENCY or engage in PRIVATE SECURITY SERVICES without first
obtaining the necessary permit from the Chief OF THE PHILIPPINE
NATIONAL POLICE which permit as approved is a prerequisite in obtaining a
license TO OPERATE.

(B) LICENSE IS LIKEWISE NECESSARY FOR ANY PERSON
OPERATING, MANAGING, DIRECTING OR CONDUCTING A
LICENSED PRIVATE SECURITY/DETECTIVE/TRAINING AGENCY.
ANY PERSON HAVING ANY PARTICIPATION IN THE
MANAGEMENT OR OPERATION THEREOF EXCEPT THOSE
EMPLOYED SOLELY FOR CLERICAL OR MANUAL WORK, SHALL
ALSO SECURE A LICENSE.



(©) NO LICENSE TO OPERATE SHALL BE GRANTED TO ANY
APPLICANT FOR ENGAGING IN PRIVATE SECURITY SERVICES
WITH THE FOLLOWING DISQUALIFICATIONS:

1, HAVING PREVIOUS RECORD OF CONVICTION OF ANY
CRIME OR OFFENSE INVOLVING MORAL TURPITUDE;

2. HAVING BEEN DISHONORABLY DISCHARGED OR
SEPARATED FOR CAUSE FROM EMPLOYMENT OR
SERVICE;

3. BEING A MENTAL INCOMPETENT, AS DETERMINED
BY COMPETENT AUTHORITY;

4. HAVING FAILED A GOVERNMENT-MANDATED DRUG
TEST;

5. BEING A HABITUAL DRUNKARD; AND

6. BEING A DUMMY OF A FOREIGNER.

(D) NO LICENSE SHALL BE ISSUED TO ANY PRIVATE SECURITY
AGENCY UNLESS IT HAS A MINIMUM OF ONE HUNDRED (100)
LICENSED PRIVATE SECURITY PERSONNEL UNDER ITS EMPLOY.

WITH RESPECT TO A PRIVATE DETECTIVE AGENCY OR
COMPANY GUARD FORCE, NO LICENSE SHALL BE GRANTED
UNLESS IT HAS A MINIMUM OF THIRTY (30) LICENSED PRIVATE
SECURITY PERSONNEL UNDER ITS EMPLOY.

Section 6. Section 7 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, with the addition of the following subparagraphs, to read as follows:

SECTION 7. Application for License TO OPERATE (LTO).

a. The application shall be made in writing BY THE OWNER (FOR SINGLE
PROPRIETORSHIPS) OR THE AUTHORIZED PERSON DULY
DESIGNATED BY THE CORPORATION OR PARTNERSHIP
(THROUGH A BOARD RESOLUTION OR JOINT AFFIDAVIT,
RESPECTIVELY) and shall be filed with the Chief OF THE PHILIPPINE
NATIONAL POLICE THROUGH THE PNP SUPERVISORY OFFICE
FOR SECURITY AND INVESTIGATION AGENCY, CIVIL SECURITY
GROUP (SOSIA-CSG).

B. APPLICATIONS OF CORPORATIONS, ASSOCIATIONS,
PARTNERSHIPS OR SINGLE  PROPRIETORSHIPS SHALL
FURTHERMORE INCLUDE A COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE SECURITIES AND EXCHANGE
COMMISSION AND/OR THE DEPARTMENT OF TRADE AND
INDUSTRY TOGETHER WITH ITS BY-LAWS AND ARTICLES OF
INCORPORATION.

C. ALL APPLICATIONS SHALL BE ACCOMPANIED BY A BOND
ISSUED BY ANY COMPETENT OR REPUTABLE SURETY OR
FIDELITY OR INSURANCE COMPANY, DULY ACCREDITED BY THE
OFFICE OF THE INSURANCE COMMISSIONER, WHICH BOND
SHALL ANSWER FOR ANY VALID AND LEGAL CLAIM AGAINST
THE AGENCY BY ITS CLIENTS OR EMPLOYEES. THE AMOUNT OF
THE BOND SHALL BE DETERMINED BY THE CHIEF OF THE PNP
THROUGH THE IMPLEMENTING RULES AND REGULATIONS OF
THIS ACT. THE AMOUNT OF THE BOND SHALL NOT BE


UNJUSTIFIED, PROHIBITIVE OR UNREASONABLE ACCORDING TO
THE NEEDS OF THE ECONOMY.

Section 7. Section 8 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

Section 8. Fees to be Paid and Bonds. — When all requisites for the issuance of
the license have been complied with, the Chief of the PHILIPPINE NATIONAL
POLICE or his duly authorized representative shall issue a permit for the
issuance of such license and register the same in his office, upon payment by the
applicant of the feeS TO BE DETERMINED IN SUBSEQUENT ISSUANCES
OR ORDERS. THE DETERMINATION OF THE FEES SHALL BE IN
COORDINATION AND CONSULTATION WITH VARIOUS
STAKEHOLDERS (E.G. PADPAO).

Licenses issued BY an authorized representative of the Chief of the PNP are
subject to review by the Chief of the PNP.

Any provision of this or other law to the contrary notwithstanding, the Chief of
the PHILIPPINE NATIONAL POLICE may, AFTER FOLLOWING DUE
PROCESS, suspend or cancel the licenses of PRIVATE SECURITY
AGENCIES found violating any of the provisions of this Act or of the rules and
regulations promulgated by the Chief of the PNP pursuant thereto.

Section 8. Republic Act No. 5487, or the Private Security Agency Law, is hereby amended, with
the addition of a new Section 9, to read as follows:

SECTION 9. SAFEGUARDS FOR THE PUBLIC AGAINST PRIVATE
ARMIES. — THE CHIEF OF THE PNP MAY CANCEL, REVOKE OR
SUSPEND THE LICENSE TO OPERATE OF ANY PRIVATE SECURITY
AGENCY IF ANY OF THE FOLLOWING CRITERIA IS VIOLATED BY
THE SAID PRIVATE SECURITY AGENCY:

CRITERIA FOR THE CANCELLATION AND REVOCATION OF
A LICENSE TO OPERATE:

1. WHEN A PRIVATE SECURITY AGENCY TAKES PART IN
AN ARMED CONFLICT EITHER FOR PRIVATE GAIN OR
THE DESIRE FOR MATERIAL COMPENSATION OR FOR
THE ADVANCEMENT OF IDEOLOGICAL AND
PHILOSOPHICAL POSITIONS.

2. WHEN A PRIVATE SECURITY AGENCY USES FORCE
OR THE THREAT OF FORCE TO ASSERT ITSELF OR
THOSE THEY REPRESENT IN A NATIONAL OR LOCAL
ELECTORAL CONTEST.

3. WHEN A PRIVATE SECURITY AGENCY USES ITS
AUTHORITY TO ENGAGE IN HUMAN RIGHTS
VIOLATIONS AS DESCRIBED AND PROTECTED IN THE
1987 CONSTITUTION OF THE PHILIPPINES.

4. WHEN A PRIVATE SECURITY AGENCY IS USED AS A
PRIVATELY-OWNED AND OPERATED PARA-MILITARY
ORGANIZATION OPERATING OUTSIDE OF THE
REGULATORY FRAMEWORK ESTABLISHED BY THIS
LAW AND THE IMPLEMENTING RULES AND


REGULATIONS ADOPTED BY THE PNP.

5. WHEN A PRIVATE SECURITY AGENCY IS KNOWINGLY
AND UNILATERALLY USED FOR THE PROTECTION OF
A SYNDICATED CRIMINAL ENTERPRISE.

6. WHEN THE STOCKHOLDER, DIRECTOR OR SENIOR
OFFICER OF THE PRIVATE SECURITY AGENCY IS
CONVICTED OF A HENIOUS CRIME, AS DEFINED BY
LAW.

‘CRITERIA FOR THE SUSPENSION OF A LICENSE TO OPERATE:

1. WHEN A STOCKHOLDER, DIRECTOR OR SENIOR
OFFICER OF THE PRIVATE SECURITY AGENCY IS
CONVICTED OF A CRIME.

2. WHEN THE PRIVATE SECURITY AGENCY ENGAGES IN
BUSINESS PRACTICES DEEMED IN VIOLATION OF
REPUBLIC ACT NO. 8799, OTHERWISE KNOWN AS THE
SECURITIES REGULATION CODE.

Section 9. Section 9 of Republic Act No. 5487, or the Private Security Agency Law, is hereby

amended, to read as follows:

SECTION 10. Employees Need Not Be Licensed. - PERSONNEL IN
CHARGE OF THE OPERATIONS AND GENERAL ADMINISTRATION
OF THE PRIVATE SECURITY AGENCY SHALL SECURE A LICENSE
TO EXERCISE SECURITY PROFESSION.

Section 10. Section 10 of Republic Act No. 5487, or the Private Security Agency Law, is hereby

amended, to read as follows:

SECTION 11. Display of License OF A PRIVATE SECURITY AGENCY. —
The license TO OPERATE shall be displayed at all times in a conspicuous and
suitable place in the agency office or headquarters AND/OR BRANCH
OFFICE(S) of the agency and shall be exhibited at the request of any person
whose jurisdiction is in relation with the business of the agency or the employees
thereof, or of the Chief of the PHILIPPINE NATIONAL POLICE or his duly
authorized representative or any peace officer.

Section 11. Section 11 of Republic Act No. 5487, or the Private Security Agency Law, is hereby

amended, to read as follows:

SECTION 12. Supervision of the PHILIPPINE NATIONAL POLICE. — Upon
approval of this Act, the PHILIPPINE NATIONAL POLICE shall exercise
general supervision over the operation of all PRIVATE SECURITY
AGENCIES.

Section 12. Section 12 of Republic Act No. 5487, or the Private Security Agency Law, is hereby

amended, to read as follows:

SECTION 13. Powers of City or Municipal Mayors in Cases of Emergency. ~ In
case of emergency or in times of disaster or calamities where the services of such
agencies arise, the City or Municipal Mayor, as director of Civil Defense, may
REQUEST the services of the agency nearest the area where such emergency,
disaster or calamity arises and its duly licensed personnel to help maintain peace

10


and order; and/or the prevention or apprehension of law violators and in the
preservation of life and property WITHOUT COMPROMISING THE
SAFETY AND SECURITY OF THE AREA TO WHICH THE PRIVATE
SECURITY PERSONNEL ARE ASSIGNED. Deputized private detectives,
‘watchmen or security guards shall take direct orders from the Chief of THE PNP
for the duration of the fire, inundation, earthquakes, riots or other emergencies.

Section 13. Section 13 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 14. Issuance of Firearms. - A PRIVATE SECURITY AGENCY
shall be entitled to possess firearms after having satisfactorily passed the
requirements prescribed by the Chief of the PNP, pertinent to the possession of
firearms of any caliber not higher than 5.56 caliber in a number not exceeding one
firearm for every ONE PRIVATE SECURITY PERSONNEL, TO INCLUDE
SINGLE-POSTS, in its employ; Provided, that all the firearms mentioned herein
shall be carried by the private security personnel only during his tour of duty, in
proper uniform, within the compound of the establishment, except when he
escorts AND PROTECTS big amounts of cash or valuables AND/OR
PERSONS.

Section 14. Section 14 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 15. Uniform.— The uniform of PRIVATE SECURITY
PERSONNEL shall be different from the uniform wor and prescribed for
members of the Armed Forces of the Philippines, City and Municipal Police
Force. The Chief of the PHILIPPINE NATIONAL POLICE, through his duly
authorized representative shall prescribe the uniform, ornaments, equipment and
paraphernalia to be worn by the PRIVATE SECURITY PERSONNEL
throughout the Philippines.

Section 15. Section 15 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 16. Compensation AND OTHER BENEFITS OF PRIVATE
SECURITY PERSONNEL. ~— PRIVATE SECURITY PERSONNEL SHALL.
BE PAID NOT LESS THAN THE MINIMUM WAGE AND OTHER
BENEFITS UNDER THE LABOR CODE OF THE PHILIPPINES, AS
AMENDED AND OTHER EXISTING LAWS AND REGULATIONS
RELATING TO LABOR STANDARDS. IN CASE THE PRIVATE
SECURITY PERSONNEL IS RECEIVING A SALARY LOWER THAN
THE MINIMUM WAGE PRESCRIBED BY LAW, THE PRIVATE
SECURITY AGENCY AND ITS CLIENT WHERE THE UNDERPAID
PRIVATE SECURITY PERSONNEL IS DETAILED SHALL BE
SOLIDARILY LIABLE FOR UNDERPAYMENT OF WAGES AND
OTHER RELATED BENEFITS.

Section 16. Section 16 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 17. Limitations and Prohibitions. - No PRIVATE SECURITY
agency shall offer OR render services to gambling dens or other illegal
enterprises. The extent of the PRIVATE security service being provided by any
PRIVATE security agency shall not go beyond the whole compound or property
of the person or establishment requesting the security service, except when they
escort AND PROTECT big amounts of cash AND/OR PERSONS.


Section 17. Section 17 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 18. Rules and Regulations by Chief, Philippine National Police. ~The
Chief of the PNP, in STRICT AND PUBLIC consultation with the PADPAO
and other stakeholders of the security industry, and subject to the provisions of
existing laws, is hereby authorized to issue the rules and regulations necessary to
carry out the purpose of this Act. FUTHERMORE, THE CHIEF OF THE
PHILIPPINE NATIONAL POLICE SHALL CONSULT WITH VARIOUS.
STAKEHOLDERS (E.G. PADPAO) PRIOR TO THE ISSUANCE OF ALL
REGULATIONS AND ISSUANCES RELATED TO AND AFFECTING
PRIVATE SECURITY AGENCIES AND/OR PRIVATE SECURITY
PERSONNEL.

THESE IMPLEMENTING RULES AND REGULATIONS SHALL BE
REVIEWED EVERY THREE (3) YEARS.

Section 18. Section 18 of Republic Act No. 5487, or the Private Security Agency Law, is hereby
amended, to read as follows:

SECTION 19. Penal Provisions. - ANY PRIVATE SECURITY AGENCY
WHICH VIOLATES ANY PROVISION/S OF THE REVISED PENAL.
CODE OF THE PHILIPPINES AND OTHER EXISTING PENAL LAWS,
SHALL BE HELD LIABLE THEREFOR.

Section 19. Repealing Clause. All laws, rules, resolutions, municipal ordinances, regulations and
administrative orders contrary or inconsistent with the provisions hereof are hereby repealed.

Section 20. Separability Clause. If any part or provision of this Act is declared unconstitutional,
the remaining parts or provisions not affected shall remain in full force and effect.

Section 21. Effectivity. This Act shall take effect fifteen days following its official publication.