!> 
, 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S.B. N
o
l
U
 
Introduced by Senator Miriam Defensor-Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 1 provides: “Public officers and employees 
must at all times be accountable to the people, serve them with utmost responsibility, 
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest 
lives.” 
A patriotic public official should be willing to offer his life for his country. Such 
officials do not need security guards because in most cases, there is no serious threat to 
their lives. Further, security guards have merely turned into status symbol. 
In past cases, the security guards were unable to prevent or resist an ambush. So 
their public salaries a e  a waste of public funds. 


. 
L 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPWES 
1 
First Regular Session 
) 
S.B. No.- 
5 
’\ 
,.*‘ 
--- .- 
Introduced by Senator Miriam Defensor-Santiago 
AN ACT 
PROHIBITING PUBLIC OFFICERS, EMPLOYEES AND THEIR FAMILIES FROM 
CHARGING TO THE GOVERNMENT THE SALARIES OF THEIR 
PERSONALPRIVATE SECURITY GUARDS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress Assembled: 
SECTION 1. Statement of Policy. - In line with the mandate of the Constitution 
that public officers must lead modest lives and the principle that public funds must be 
expended for an authorized public purpose, this Act seeks to curb the practice among 
public officers of charging to the government the salaries of their personal/private 
security guards. 
SECTION 2. DeJinition of terms. -As used in this Act, the term 
(a) 
“Public officer” includes elective and appointive officials and employees, 
permanent or temporary, whether in the classified or unclassified or exempt service 
receiving compensation, even nominal, from the government as defined in the subsequent 
paragraph. 
(b) 
“Government” includes the national government, the local government, 
the government-owned and government-controlled corporations, and all other 
instrumentalities or agencies of the Republic of the Philippines and their branches. 
(c) 
“PrivatePersonal Security Guard” includes a person or group of persons, 
usually but not necessarily armed, not otherwise a member of the Philippine National 
Police or Armed Forces of the Philippines nor assigned to the public officeriemployee 
under existing statutes. 


(d) 
“Family of public offcers/employees” includes the spouse or mistress, 
children whether legitimate or illegitimate, parents, brothers and sisters of the public 
officer or employee. 
(e) 
“Immediate legal family of the public officer” includes the public officer’s 
legitimate spouse and legitimate children. 
(9 
“Public funds” refers to revenues derived from taxes imposed by the 
government, whether national or local, and which are intended for public purpose. 
(g) 
otherwise. 
“Person” includes natural and juridical person, unless the context indicates 
(h) 
“Receiving the services of personal or private security guards” includes 
the act of public officers or employees of accepting directly or indirectly the services of 
private or personal security guards offered by any person, entity, agency or corporation 
which has pending or future contract or transaction, wherein the public officer in his 
official capacity has to intervene under the law. 
SECTION 3. Exceptions. - Without prejudice to the provisions of Executive 
Order No. 41 (Promulgating Rules and Regulations Governing the Detail or Assignment 
of Military Personnel to Civilian Of$ces and Officials), and Circular Number 2 dated 12 
March 2003 issued by the Department of National Defense (Re: Detail of Militay 
Personnel Outside the AFP) only the following public officers and their respective 
immediate legal family as defined under Section 2 of this Act shall be entitled to such 
number of private or personal security guards as these public officers may deem 
sufficient and shall be excluded from the coverage of this Act: 
(a) 
President of the Philippines 
(b) 
Vice-president of the Philippines 
(c) 
Supreme Court Chief Justice 
(d) 
Senate President 


(e) 
Speaker of the House of Representatives 
SECTION 4. Prohibited Acts. - Subject to the exception under Section 3 of this 
Act, it shall be unlawful for any public officer or employee or any member of his family: 
(a) 
To charge to the government the salaries of his or his family’s personal or 
private security guards. 
(b) 
To directly or indirectly request or receive for himself or for his family, 
the services of private or personal security guards, from any person, agency, entity or 
corporation which has any contract or transaction with the government, with which the 
public officer or employee in his official capacity has to intervene under the law. 
(c) 
To accept or have any member of his family accept the services of private 
or personal security guards from any person, entity, agency or corporation which has 
official business with him during the pendency of the official business, or within one year 
after its termination. 
(d) 
To directly or indirectly request or receive the services of private or 
personal security guards, for himself or for any member of his family, from any person, 
agency, entity or corporation from whom the public officer, in any manner or capacity, 
has secured or obtained, or will secure or obtain, any government permit or license, in 
consideration for the services given or to be given. 
SECTION 5. Penalties fov violations. - 
(a) 
Any public officer or employee committing any of the prohibited acts 
enumerated under Section 4 of this Act shall be punished with imprisonment for not less 
than six (6) months nor more than one (1) year, suspension from public office or 
employment for one (1) year, and a fine equivalent to treble the salary of the security 
guard(s) for one (1) year. 


(b) 
Any person, entity, agency or corporation (which has a pending or future 
transaction or contract with the public officer or employee, wherein the public officer or 
employee shall intervene in his official capacity) which offers or agrees to offer the 
services of private or personal security guards to the public officer or employee or any 
member of his family shall, aside from incumng the appropriate penalty under the Penal 
Code, suffer imprisonment for not less than six (6) months and not more than one (1) 
year. 
SECTION 6. Competent Court. - 
(a) 
For public officer or employee with salary grade of 27 and higher, all 
prosecutions under this Act shall be within the original jurisdiction of the 
Sandiganbayan. 
(b) 
For public officer or employee with salary grade of 26 and below, all 
prosecutions under this Act shall be within the original jurisdiction of the Municipal Trial 
Court/ Metropolitan Trial Court. 
(c) 
For any person, entity, agency or corporation (which has a pending or 
future transaction or contract with the public officer or employee, wherein the public 
officer or employee shall intervene in his official capacity) which offers or agrees to offer 
the services of private or personal security guards to the public officer or employee or 
any member of his family, all prosecutions under this Act shall be within the original 
jurisdiction of the Municipal Trial Court or Metropolitan Trial Court. 
SECTION 7. Prescription ofcrime. - The crime punishable under this Act shall 
prescribe in six (6) years. However, the right of the State to recover the fine from the 
liable public officer or employee shall not be barred by prescription, laches or estoppel. 
SECTION 8. Separability Clause. - If any part or provision of this Act is held 
invalid or unconstitutional, the other parts or provisions thereof shall remain valid and 
effective. 


SECTION 9. Repealing Clause. - 
All laws, decrees, orders, proclamations, 
rules and regulations or parts thereof, inconsistent with the provisions of this Act are 
hereby repealed, amended or modified accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifieen (15) days 
from its publication in at least two (2) newspapers of general circulation. 
Approved, 
A.L.P