RECEIVED

EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No. 9601
EXPLANATORY NOTE

Republic Act No. 5487 or The Private Security Agency Law was enacted into law on June 21,
1969 and was last amended by Presidential Decree No. 11 in October 3, 1972.

At present, there have been many developments, improvements and advancements in the
private security industry, many of which are not covered by the existing law.

This bill proposes amendments to RA 5487 for the law to be applicable, and adapt, to the
current situation after more than forty years since the law was first passed.

This bill seeks to professionalize the industry by intensifying the requirements for training and
professional certification of security practitioners. It also seeks to improve the plight and status
of security guards who are the cornerstones of the private security industry.

Another proposal is to increase the efficiency of the security industry by introducing
amendments to lessen bureaucracy with respect to licensing, operation and regulation of
private security 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

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFYS B. RO! jUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 9601

AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 5487, AS AMENDED, OTHERWISE KNOWN
AS THE PRIVATE SECURITY AGENCY LAW, TO REGULATE THE ORGANIZATION AND
OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARD 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 Amended Private Security
Agency Law".

Section 2. Scope of this Act. - The organization, operation, business, training, and other
activities of private detectives, K9 dogs and K9 handlers, watchmen or security guards
agencies, private protective agencies, armored vehicle security service providers, private
security canine services, and their respective training institutions shall be governed by the
provisions of this act.

Section 3. Definition of Terms. -

(a) Person - As used in this Act, person shall include not only natural persons but also
juridical persons such as corporation, partnership, company or association duly
organized registered with the Securities and Exchange Commission and with the
Department of Trade and Industry.

(b) Private Detective Agency - A private detective agency is any person, who, for hire or
reward or on commission, conducts or carries on or holds himself or itself out as
conducting or carrying on a detective agency, or detective service.

(c) Private Detective - A private detective is any person who is not a member of a regular
Police agency of the Armed Forces of the Philippines who does detective work for hire,
reward, or commission.

(a) Watchman or Security Guard, Watchman or Security Guard Agency — Any natural
person who offers or renders personal service to watch or secure either residential or
business establishment, or both, or any building, compound, or area including but not
limited to logging concessions, agricultural, mining or pasture lands for hire or
compensation, or as an employee thereof whether air, sea or land based deployment,
as the case may be, including any employee of the national or local governments or
any agency or instrumentality thereof and of government-owned or controlled firms or
corporations, who is employed to watch or secure government buildings, compounds,
premises and other properties, other than members of the Armed Forces of the
Philippines, guards of the Bureau of Corrections, provincial and city jail guards, and
members of city and municipal police forces, shall be known as watchman or security
guard; and any person, association, partnership, firm or private corporation, whohwhich
recruits, trains, furnishes, or employs any watchman or security guard, or solicits
individual, business firms, private, public or government-owned or controlled
corporations to engage his/its service or those of his/its watchmen or security guards,
shall be known as Watchman or Security.


(€) Private Protective Agency - any person, natural or juridical, who, for hire or reward or
on commission, conducts or carries on or holds himself or itself out as conducting or
carrying on a protective agency, or protective service.

(f) Protection Agent - Refers to PNP-licensed private security personnel provided by an
accredited Private Security Agency or a Private Detective Agency, qualified and
selected to perform security protection to individuals entitled for protection

(9) Private Security Canine Service Provider - A business entity that is Certified and
Registered with the Bureau of Animal Industry purposely to provide private canine
services, establish, maintain and operate a facility and other form of confinement of
kennelicanine/dog where they are bred, treated, maintained or kept either for
sale/trade or for training.

(h) Armored Vehicle — Refers to an armored van or truck that undertakes the
transportation of cash, funds, checks, or any other valuable items. It is a versatile
vehicle designed to ensure that transported contents as well as individuals are well
Protected against attempts of robbery and other crimes. It is an extraordinary vehicle
that can withstand the firepower of high-powered firearms and extreme degrees of
heat.

(i) Armored Vehicle Security Service Provider — refers to any natural or juridical person
engaged in services of providing armored vehicle transportation to banks, financial
institutions and other entities transporting valuable items or goods.

@ armed private security guard or watchman — any natural person for hire or
compensation, or as an employee thereof, at least 21 years of age, who offers and
renders personal service to: (1) to protect lives of individuals within his posting area;
(2) watch or secure either residences, business establishments, buildings, compounds
and areas or properties; and (2) inspect, monitor, conduct bodily checks or searches
Of individuals or baggage or perform other forms of security inspection, whether
physically, manually, electronically or with the aid of canine. nothing in this provision
shall be construed as prohibiting the armed private security guard or watchman from
Performing the functions of unarmed security guard;

(k) Unarmed Private Security Guard or watchman — Any natural person hired or employed,
at least 18 years of age, who renders or offers personal service to secure and monitor
events, buildings, establishments, properties, perform bodily checks, inspect baggage,
CCTV footages which include among others event security, electronic security device
operator, and other security engaging services. Nothing in this provision shall be
construed as prohibiting the electronic security device operator and to work as a
freelancer.

Section 4. Who May Organize a Security or Watchman Agency, Private Protective Agency,
Armored Vehicle Security Service Provider, Private Security Canine Service Provider and its
respective Training Institutions. - Any Filipino citizen or a corporation, partnership, or
association, with a minimum capital of Five Hundred Thousand Pesos (Php 500,000.00), one
hundred per cent (100%) of which is owned and controlled by Filipino citizens may organize a
security or watchman agency, private protective agency, armored vehicle security service
provider, private security canine service provider and ‘its respective training institution:
Provided, That no person shall organize or have an interest in, more than one such agency or
service provider except those which are already existing at the promulgation of this Decree:
Provided, further, That the operator or manager of said agency or provider must be at least
25 years of age, a college graduate and/or a commissioned officer in the inactive service of
the Armed Forces of the Philippines; of good moral character; having no previous record of
any 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;

(2) Being a mental incompetent;

(3) Being addicted to the use of narcotic drug or drugs; and


(4) Being a habitual drunkard.

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 security guard or watchman agency, private protective agency,
armored vehicle security service providers, private security canine service providers and its
respective training institutions.

SectionS. Qualifications Required. — No person shall be employed as security guard or
watchman or private detective unless he/she is:
(a) a Filipino citizen;
(b) at least high school graduate or completed Grade 10 (under the K to 12 Education
Program);
(c) physically and mentally fit;
(d) not less than 18 nor more than 60 years of age:
(e) at least 5 feet in height;
(A) must have taken a security course and/or must have adequate training;
(9) of good moral character and must not have been convicted of any crime or offense
involving moral turpitude;
(h) has passed the neuro-psychiatric and drug test administered by the Philippine National
Police or other PNP accredited diagnostic centers
(suffering none of the disqualifications provided for in the preceding section: Provided,
that all retired personnel from the PNP, AFP, NBI, those who attended police training
school or detective training in any authorized/recognized training center as well as
those who are advance ROTC/CMT graduates or its equivalent, and finally those who
have finished the 2 class cadet training of PMA, PNPA OR PMMA are exempt on the
minimum educational qualification standard of a security officer.

Section 6. License Necessary. — No person shall engage in the business of, or act either as
a private detective, or detective agency; and either engage in the occupation, calling or
employment of watchman or in the business of watchman's agency, private protective agency,
armored vehicle security service provider and private security canine service provider without
first having obtained the necessary permits and licenses from the Chief, Philippine National
Police which permit as approved is prerequisite in obtaining a license or license certificate:
Provided, That all existing private detective or watchman or security guard agencies, private
Protective agencies, armored vehicle security service providers, private security canine
service providers, and K9 Training Agencies, and its respective training institutions shall have
a period of one (1) year from the approval of this Act to secure the said license: Provided,
further, That existing agencies, service providers and any new agency or service provider
which may hereafter apply for a license, certify under oath that their private detectives,
watchmen or security guards, private protective agencies, armored vehicle security service
Providers, private security canine service providers and its respective training institutions have
received the appropriate training from the Philippine National Police or any other private
institution duly accredited by the PNP to conduct security training.

Provided, finally, That the national or local governments, or the agencies or
instrumentalities thereof, as well as government-owned or controlled corporations which shall
utilize any of their employees as watchman or security guard are exempted from securing the
license herein prescribed.

Section’. Application for License. ~The application shall be made in writing and shall be filed
with the Chief, Philippine National Police. It shall contain the full name of the applicant, his
age, civil status, his residence, and location of business. If the applicant is a corporation,
association or partnership, a copy of the certificate of registration with the Securities and


Exchange Commission together with its by-laws and articles of incorporation, with the
Department of Trade and Industry.”

Section 8. Fees fo 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
Prerequisite in obtaining a license or license certificate: Provided, That all existing private
detective or watchman or security guard agencies, private protective agencies, armored
vehicle security service providers, private security canine service providers and its respective
training institutions shall have a period of one (1) year from his\herlits office, upon payment
by the applicant of the fee in accordance with the existing Schedule of Fees approved by the
Chief, Philippine National Police.

The application shall further 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 shalll answer for any valid and legal claim against the agency by its
clients or employees: Provided, That license issued in the province of an authorized
representative of the Chief of Philippine National Police is subject to review by the Chief of
Philippine National Police.

Any provision of this or other law to the contrary notwithstanding, the Chief of Philippine
National Police may, at any time suspend or cancel the licenses of private watchman or
security guard agency, private protective agency, armored vehicle security service provider
and private security canine service provider found violating any of the provisions of this Act or
Of the rules and regulations promulgated by the Chief of Philippine National Police pursuant
thereto.

National government agencies or instrumentalities thereof, as well as government-
owned or controlled corporations which shall utilize any of their employees as watchman or
security guard are exempted from securing the license herein prescribed: Provided, That
employees of national government agencies or instrumentalities thereof, as well as of
government-owned or controlled corporations, who are employed or utilized as watchman or
Security guards as herein defined, shall not pay the fees nor file the bonds herein prescribed

Section 9. Employees Need Not be Licensed. — Any person operating, training, managing,
directing or conducting a licensed private detective or watchmen agency, private protective
agency, armored vehicle security service provider and private security canine service provider,
as well as any person having any participation in the management or operation thereto except
those employed solely for clerical or manual work shall secure the license prescribed by
Section of this Act, as amended.

Section 10. Display of License. - The license shall be displayed at all imes in a conspicuous
and suitable place in the agency office or headquarters of the agency or service provider and
shall be exhibited at the request of any person whose jurisdiction is in relation with the
business of the agency or service provider or the employees thereof, or of the Chief of
Philippine National Police or his duly authorized representative or any peace officer.

Section 11. 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
detective and watchman or security guard agencies, protection agents, armored vehicle
security service providers, private security canine service providers and its training institutions.

In case of emergency or in times of disasters or calamities, the Chief, Philippine
National Police may deputize any private detective, watchman or security guard as herein
defined to assist the Philippine National Police in the performance of Police duties for the
duration of such emergency, disaster or calamity,

Section 12. 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 Chairperson of Municipal Disaster Risk Reduction and
Management Council (MDRRMC), may muster or incorporate the services of the agency
nearest the area where such emergency, disaster or calamity arises and its duly licensed
Personnel to help maintain peace and order, and/or the prevention or apprehension of law
violators and in the preservation of life and property. Deputized private detectives, watchmen
or security guards shall take direct orders from the Chief of Police for the duration of the fire,
inundation, earthquakes, riots or other emergencies.”

Section 13. Issuance of Firearms. - A watchman or security agency shall be entitled to
Possess firearms after having satisfactorily passed the requirements prescribed by the Chief,
Philippine National Police pertinent to the possession of firearm of any caliber not higher than
Cal. 45 in a number not exceeding one firearm for every two watchmen or security guards in
its employ: Provided, however, That a watchman or ‘security agent shall be entitled to possess
not more than one riot gun or shotgun in order to provide adequate security when
circumstances so demand: Provided, further, that all the firearms mentioned herein shall be
carried by the watchman or security guard only during his tour of duty in proper uniform within
the compound of the establishment except when he escorts big amounts of cash or valuables
in and out of said compound.

Section 14. Uniform. — The uniform of watchman or security guard, protection agent, armored
vehicle security service personnel and private security canine personnel as well as those
organized, maintained or under the employment of the government or any government-owned
and/or controlled corporations, agencies or entities, shall be easily distinguishable from the
uniform worn and prescribed for AFP, PNP and other members of the uniformed-services. The
Chief, Philippine National Police, through his duly authorized representative shall prescribe
the uniform or omaments, equipment and paraphernalia to be worn by the security guards and
watchmen, protection agents, armored vehicle security service personnel and private security
canine personnel throughout the country.

Section 15. Compensation of Watchmen or Security Guards, Protection Agents, Armored
Vehicle Security Service Personnel, Private Security Canine Service Personnel. - Watchmen
or Security guards, Protection Agents, Armored Vehicle Security Service Personnel, and
Private Security Canine Service Personnel shall receive a salary not lower than that prescribed
in the Minimum Wage Law.

Section 17. Implementing Rules and Regulations — Within one hundred twenty (120) days
from the effectivity of this Act, the Chief PNP, after consultation with the Private Security
Service Federation, Professional Association and other concemed sectors of society shall
formulate the necessary rules and regulations for the effective implementation of this Act to
be published in at least two (2) newspapers of general circulation.

Section 18. Penal Provisions. — Any violation of this Act or the Rules or Regulations issued
hereunder shall be punished by suspension, or fine not exceeding One Hundred Thousand
Pesos Php 100,000.00 or cancellation of his or its licenses to operate, conduct, direct or
manage a private detective, watchman or security guard agency, protection agents, armored
vehicle security service provider, private security canine service provider and all its members
in the discretion of the court together with the forfeiture of its bond filed with the Philippine
National Police.

If the violation is committed by those persons mentioned under paragraph two, section
four of this Act the penalty shall be imprisonment ranging from one to four years and fine
ranging from one to four thousand pesos in the discretion of the court

Any provision of this or other law to the contrary notwithstanding, the Chief, Philippine
National Police or his authorized representative may impose, after confirming any violation of
this law and its amendatory Decrees and implementing rules and regulations, the penalty of
suspension, or cancellation of the license of a private watchman or ‘security guard: Provided,


That in cases of violations committed by any private security agency or company guard force
the administrative penalty which may be imposed shall only be administrative fine or
cancellation of license without prejudice to any criminal action against the violator.

Section 18. Other Penal Provisions. ~ The following acts which shall also constitute violations
of this Act to wit:

a) __ Failure to Assist Law Enforcers and Obstruction in the Investigation and Prosecution
of Criminal Cases — Any private security personnel who fail to assist or obstruct in the
investigative and law enforcement operations shall be punished by fine not exceeding one
hundred thousand pesos or imprisonment for 1 month or 1 day to 6 months at the discretion
of the court. Provided, that if the person violating this provision is a single proprietorship or
juridical person as the case may be, the penalty herein provided shall be imposed on its owner
or president or secretary and/or members of the board of directors or any of its officer and
employees who may have directly participated in the violation.

b) _ Employment and Deployment of Protection Agents without Authority to Deploy and
Special Duty Detail Order from the PNP — Any person who render service as protection agent
to any person without an Authority to Deploy and Employ Protection Agent approved by the
Chief, PNP shall be punished by fine not exceeding one hundred thousand pesos or
imprisonment for 6 months and 1 day to 6 years at the discretion of the court.

Section 19. Repealing Clause. — All laws, presidential decrees, rules, resolutions, executive
orders, 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 provision not affected shall remain in full force and
effect.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete
Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes first.

Approved,