Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. _037

Introduced by
REPRESENTATIVES YEDDA MARIE K. ROMUALDEZ, FERDINAND MARTIN G.
ROMUALDEZ and RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

In the entire world, security plays a significant role in the preservation of world peace;
a world that is safe and secured is a world that is progressive and developed (Peckley
& Fontanos, 2012). The essential distraction of the security workforce whether be it
private security, organization or government security monitors, is make sure whoever
is inside the structure, foundation or office under their supervision is sheltered from
any mischief, savagery or something else, which might be malignantly arranged by
another substance for monetary profit, vengeance or terrorist motives (Bautista, 2008).

The primary task of a security personnel is to provide protection to its clients against
possible death, injuries, losses, damages and/or destruction of properties.
Recognizing their very important role, this bill seeks to provide a mechanism to adapt
to the changes in relation to the regulation and supervision of the private security
industry and the practice of security profession.

Furthermore, this bill also provides safeguards for the public against private armies

who are hiding behind the guise of private security agencies and are allegedly involved
in various human rights violations and other violence.

In line with this, immediate approval of this bill is earnestly requested.

YEDDA MAR{®K. ROMUALDEZ
Tingog Sinfyangan Party List

reap ad fol oe
4* District, Leyte

RAYMOND DEMOCRITO C. MENDOZA
TUCP Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _7037

Introduced by
REPRESENTATIVES YEDDA MARIE K. ROMUALDEZ, FERDINAND MARTIN G.
ROMUALDEZ and RAYMOND DEMOCRITO C. MENDOZA

AN ACT STRENGTHENING THE PRIVATE SECURITY INDUSTRY, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 5487, ENTITLED, "AN ACT TO
REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE,
WATCHMEN OR SECURITY GUARD AGENCIES, AS AMENDED

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
Industry Act”.

Sec. 2. Declaration of Policies. — \t is hereby declared that:

(a) The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at
work including, but not limited to, abolition of child labor, elimination of all forms
of forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children;

(b) The State firmly recognizes the role of security guards, watchmen, and other
private security personnel as force multipliers in promoting public security,
safety, and peace and order, and their aid in the country's fight against crime
and terrorism;

(c) The State, in professionalizing the private security industry, acknowledges their
special needs to ensure safe and healthful working conditions, promotes
gender-sensitive measures in the formulation and implementation of policies
and programs affecting the local security work.


Sec. 3. Coverage. - This Act shall provide for the regulation and supervision of the
private security industry and the practice of security profession.

Sec. 4. Definition of Terms. — As used in the Act, the term:

(a) Accreditation refers to the formal authorization issued by the Philippine National
Police — Supervisory Office for Security and Investigation Agency (PNP-SOSIA)
to private security agencies, private detective agencies, private security training
institutions, canine training centers, canine service providers, supervisors and
training personnel, armored service providers, personal security protection
service providers, electronic security device providers and other specialized
security providers in compliance with the standards set at a maximum level.

(b) Armored Vehicle refers to a vehicle used in minimum security measures in the
continuance of protection in the transportation of cash, funds, checks, any
negotiable documents _or any other valuable item against crimes and other
destructive causes. It is an extraordinary vehicle made of bullet-resistant
materials capable of withstanding the firepower of high-powered firearms such
as M16 and M14 rifles. Moreover, armored vehicles shall be equipped with a
vault or safe or a partition with a combination lock designed to prevent retrieval
of the cargo while in transit.

(c) Company Guard refers to a regular employee of a private company who is
employed to render security services within the company premises.

(d) Duty Detail Order refers to a written order of a private security agency issued
by the security manager, operations officer or the branch manager authorizing
the security guards to carry agency-issued firearms while in prescribed uniform
and in the performance of security service during their tour of duty within the
property of the person, firm or establishment with whom the agency has a
contract for security services,

(e) Electronic Security Devices refer to any mechanical or electrical device which
is designed or used for the detection of an unauthorized entry into a building,
structure or facility, or for alerting others of the commission of an unlawful or
unauthorized act within a building, structure or facility.

(f) License to Exercise Security Profession (LESP) refers to a permit issued by the
Chief Philippine National Police or the duly authorized representative,
recognizing a natural person to be qualified to perform the duties as security or
training personnel.

(g) License to Operate (LTO) refers to a license issued by the PNP Chief or the
duly authorized representative, certifying and authorizing a person to engage
in employing and deploying security guards, K9 teams, protection agents,
private detectives and other licensed specialized security personnel or a
juridical person to establish, engage, direct, manage or operate a_ private
detective agency or private security agency or company guard force, or to train
such security personnel for eventual deployment, 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.

(h) Pre-Licensing Training Programs refer to academic programs, courses, and
trainings with the objective to indoctrinate the individual with the basic skills and
educational backgrounds necessary in the effective exercise and performance
of the security and detective profession as a prerequisite to obtaining a license.
These include, but are not limited, to the Basic Security Guard Course and the
Security Officers Training Course, and such other courses as the determined
by the PNP.

(i) Private Detective refers to any licensed and qualified person, other than
members of the PNP, Armed Forces of the Philippines (AFP), guards of the
Bureau of Jail Management and Penology (BJMP), provincial, municipal, or city
jail guards, or any member of any other law enforcement agency, performing
detective work on a compensated basis.

(i) Private Detective Agency refers to any person, association, partnership, firm,
or corporation, including one-person corporation, that contracts, recruits, trains,
furnishes, or posts private detective and protection agents; or provides
detective, investigative, and protection services; or other detective and
protective services as may be set by the PNP in consideration of a fee, reward,
commission, or compensation.

(k) Private Security Agency refers to any person, association, partnership, firm, or
corporation, including one-person corporation, that:

(i. Contracts, recruits, trains, furnishes or posts any security guard to
perform its functions;

(i). Offers its services as a consultant or trainer on any security-related
matter; or its security guards for hire, commission or compensation
through subscription to individuals, business firms, or private, public or
government-owned or controlled corporations whose business or
transactions involve national security or interest like the operation or
management of domestic ocean vessels, airplanes, helicopters,
seaports, airports, heliports, landing strips, etc.;

(iii). Provides any other specialized security needs that SOSIA may approve.

()) Private Security Guard or watchman refers to any person for hire or
compensation, or as an employee thereof, who offers and renders personal
service to:

a. Watchor secure residences, business establishments, buildings,
compounds, areas or properties, and such other places as may be
determined by the PNP Chief or his duly authorized representative;

b. Inspect, monitor, conduct bodily checks or searches of individuals or
baggage or perform other forms of security inspection, whether
physically, manually, electronically of with the aid of K9.

Additionally, any private security guard may further improve and refine their
skills to qualify to specialized roles in bank security, aviation security, maritime
security, traffic security and management, bomb detection, and such other
classes of specialties as the PNP may determine.


(m) Private Security Industry refers to those engaged in the legitimate business of
providing private security and detective, security training, K9 security, electronic
security, and VIP protection services including those in the management and
administration of company guard forces.

(n) Private Security Personnel are all other certified or licensed persons not
rendering or performing security and detective services as a security guard or
a private detective that include, but are not limited to, security consultants and
officers, protection agents, training officers and directors, K9 handlers, K9
administrators, K9 evaluators, K9 trainers, kennel masters.

(0) Private Security Services refer to the act of providing or rendering services for
‘compensation, whether or not that compensation has actually been received,
to watch and guard an establishment, whether public or private, building,
compound, area or property, whether by land, sea or air, as the case may be;
conduct access control or denial in any form. whether physically. manually or
by electronic monitoring systems, for the purpose of securing such area or
property and at the same time ensuring safety and protection of persons within
such areas; to maintain peace and order within such areas; providing or
rendering canine services to complement the security requirement of a public
or private establishment; or to conduct other activities to cater to the
specialized security needs that the PNP- SOSIA, Civil Security Group (CSG)
may approve.

Private security services may have any or all of these components: security
guards services, protective agent services, detective agent services, security
consultancy services, canine security services, maritime security services, air
security services, close protection security devices or electronic security
devices such as, intrusion monitoring and closed-circuit television remote
video surveillance. The exercise of the forgoing, shall, as a matter of course,
be subject to the limitations provided for by the law.

It shall also include the act of contracting, recruiting, training, furnishing or
posting of any security guard.

(p) Private Security Training refers to academic programs, courses, and trainings
duly approved and prescribed by the PNP and adopted by TESDA. For
purposes of securing an LESP, itis essential that a letter of authority to conduct
training must be issued by the SOSIA. Such training includes the pre-licensing
requirements of individual security guards and other security personnel, the
periodic and non-periodic in-service skill refreshers for such security personnel,
and other specialized, individual or group, private security personnel skills
development programs.

(q) Protection Agent also known as a bodyguard refers to any person, for hire,
compensation, or as an employee, who is primarily responsible for the
protection of any other person against unlawful activities, harm, danger,
injuries, or any other act which targets or inflicts damage against the person or
his property.


(1) Remote Video Surveillance refers to digital recording devices, cameras or any
other technology or device capable of enabling the recording or transmission of
video or audio, or remote observation or listening-in, regardless of whether
audiovisual recording is the sole or primary purpose of the device for so long
as the same is used with the intent to engage in compensated acts of
surveillance and protection. The exercise of the foregoing shall be subject to
the limitations provided for by the law.

(s) Security Guard Services refer to private security services provided by licensed
security personnel at a defined area, such as but not limited to:
(i). Industrial plants;
(ii). Financial institutions;
(iii). Education institutions;
(iv). Office buildings;
(v). Government facilities;
(vi). Retail establishments;
(vii). Commercial complexes;
(vil). Healthcare facilities;
ix). Recreational facilities;
Residential and housing developments;
Transportation vehicles and facilities;
Warehouses and goods distribution depots;
Local and international marine vessels;
Air forwarders; and
Other areas in need of private security requirements as may be
prescribed by the PNP.

(t) Service Agreement refers to the contract between the principal and the private
security agency containing the terms and conditions governing the performance
or completion of security service, job, work being farmed out for a definite or
indefinite period.

(u) Security Consultancy Services refer to the services offered or provided by
licensed security personnel such as formulation of a security plan, vulnerability
assessment, site surveying, security auditing, risk management, travel security
training, hostage avoidance, evacuation planning, and incident management,
and other services related to the formulation of security-related solutions.

(v) Special Detail Order refers to a written order and schedule of a private security
agency issued by a superior officer, usually the branch manager, operations
officer or the administrative officer, directing the unarmed security guards to
wear a special set of uniform approved by the SOSIA Uniform and Equipment
Board and to perform security services.

Sec. 5. Organization of a Private Security Agency or Detective Agency. — Any
Filipino citizen or a partnership, association, or corporation, including a one-person
corporation, that is one hundred percent (100%) owned and controlled by Filipino
citizens may organize a private security agency or a private detective agency, and
provide security services. The president, managing partner, general manager, or any


person who holds at least a majority of the authorized capital stock of said agency
must be:

At least twenty-five years old;

A holder of a baccalaureate degree;

Possesses good moral character; and

Has no previous record of conviction of any crime or offense involving
moral turpitude

Additionally, such president, managing partner, general manager, or any person who
holds at least 51% of the authorized capital stock of such agency must not be suffering
from any of the following disqualifications:
(). Previously dishonorably discharged or separated from the AFP, PNP, or
any other government law enforcement agency;
(ii). Mentally incompetent or incapacitated;
(iii). Addicted to alcohol or the use of narcotic drugs or other controlled
substances; and
(iv). Previously had a license to operate or license to exercise security
profession revoked.

The minimum capital requirement and minimum bank deposit required of private
security agencies shall be determined by the PNP Chief in consultation with various
Stakeholders and shall be provided for in the implementing rules and regulations (IRR)
of this Act.

For the purposes of this Act, any elective or appointive government officials or
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 officials or employees within the third civil degree
of affinity or consanguinity, shall not hold any interest, directly or indirectly, in any
private security agency.

Sec. 6. Application for a License to Exercise Private Security Profession (LSEP).
— Any qualified Filipino citizen may apply for a license to be a private security
professional and engage in the occupation, calling, or employment as a private
security guard, private security officer, private detective, protection agent, or private
security consultant, after completion and compliance with the academic, scholastic,
skills, and training requirements as hereafter prescribed. Provided, that the PNP Chief
may prescribe and impose any additional requirements as may be deemed necessary
to maintain the integrity and professional character of the security industry, and as
public interest and safety requires. Provided further, that personnel employed solely
for clerical or manual work need not secure an LSEP.

Allicense to exercise security profession of duly qualified security guards shall be valid
for a period of three (3) years from the date of its issuance. Security Licenses issued
prior to the effectivity of this act shall cease to be valid on its original date of expiry.

Sec. 7. Qualifications. — All persons employed as a private security professional
must:

(i). Be a citizen of the Philippines;

(ii). Be a least twenty-one (21) years old;


(ii. Have completed at least compulsory secondary education;

(iv). Be physically and mentally ft;

(v). Have taken and completed a private security course or seminar, and
underwent adequate skills training;

(vi). Possess good moral character and previously not convicted of any crime
or offense involving moral turpitude;

(vii). Pass the neuro-psychiatric test and drug test administered by the PNP
or other similar government neuro-psychiatric and drug testing centers
or facilities.

Additionally, all private security professionals shall not suffer any of the
disqualifications provided in Section 5.

Except as otherwise provided in Section 10 and 11, a lack of a baccalaureate degree
shall not impede the career advancements of private security personnel.

Sec. 8. Qualifications of a Private Security Guard. — Any qualified persons shall be
granted a license as a private security guard for employment in private agencies and
companies if they possess the qualifications provided in Section 6 and are not more
than sixty (60) years old at the time of application. Provided, that new applicants must
not be more than thirty-five (35) years of age at the time of their application.

The license of security guards who reached the age of sixty (60) shall not be renewed.

Any private security guard may further hone or specialize their skills to adapt, conform,
or suit any particular industry, Provided, that such private security guard must first
undergo and complete a training course or program applicable to such specialization
approved by the PNP and offered by any security training school accredited by
Technical Education and Skills Development Authority (TESDA). He shall then be
considered a licensed specialized security guard upon completion.

Sec. 9. Qualifications of a Security Officer. — Any candidate security officer must
Possess all the minimum qualifications provided in Section 6 and comply with the
following additional requirements:

(i). Must be a holder of a baccalaureate degree; or who has eared and
completed at least seventy-two units in any college, institute, or
vocational school; or who has at least five (5) years of experience in any
supervisory position; or who has at least ten (10) years of experience in
a specialized role; and

(ii). Must have completed and graduated from a Security Officers Training
Course or equivalent;

PNP Chief, or his duly authorized representative, in conjunction with TESDA, shall
prescribe, approve, and implement a standard training course for candidate security
officers within one hundred eighty (180) calendar days from the approval of this Act.
Further, PNP Chief or his representative, shall prescribe, approve, and implement an
applicable training course or program for candidate specialized security officers within
the same period.


Sec. 10. Qualifications of a Security Consultant. - Any candidate security
consultant must possess all the minimum qualifications provided in Section 6. In
addition, he must hold a baccalaureate degree and have ten (10) years of experience
in the operation and management of a security business.

Sec. 11. Qualifications of a Private Detective. — Any candidate private detective
must possess all the minimum qualifications provided in Section 6 and holds a
baccalaureate degree, preferably on law or criminology. Additionally, a candidate
private detective must graduate from a criminal investigation and detection course
offered by the PNP, National Bureau of Investigation (NBI), or any police training
‘school, or a detective training course in any authorized or recognized training center.

Sec. 12. Qualifications of a Protection Agent. ~ Any candidate protection agent
must possess all the minimum qualifications provided in Section 6 and Section 8 and
are not more than sixty (60) years old at the time of application.

All candidate protection agent must undergo and complete a training course for
protection agents as prescribed and approved by the PNP before qualifying and being
licensed as such.

For this purpose, the Police Security and Protection Group (PSPG) shall undertake to
supervise the training of candidate protection agents and, as may be practicable and
in a gradual manner, transfer and divest all functions relating to, and in connection to,
the protection and security of such private individuals previously, or presently,
authorized to be given protection and local government officials to any qualified
individual protection agents or private security agencies which employ qualified
protection agents.

Sec. 13. Ladderized Training and Education; Subsidy. — A security guard,
watchman, or private detective, who opts or is mandated by existing laws and
regulations to undertake and finish basic or additional training programs, courses, or
training requirements including, but not limited to, basic security guard courses,
specialized security guard courses, security officers training courses, whether
Specialized or not, detective training courses, and candidate protection agent courses,
shall undergo a ladderized schedule or program by any private security training
institutions or public institutions duly accredited by the government to provide such
training.

Private security institutions, which offer such ladderized schedule or program on
training, courses, and programs to private security personnel, shall receive reasonable
subsidy from the State through TESDA to insure professionalism among the private
security personnel. Provided, that only those training school, institute, academy, or
educational institution with a valid LTO and accredited by TESDA shall be able to
receive the subsidy for the benefit of private security personnel enrolled in its facility.

For this purpose, TESDA, together with PNP, may provide for the reasonable
mechanisms for the execution of this scheme under the IRR to be promulgated under
this Act. The welfare of private security personnel, and the rights and interest of the
institutions concerned must be taken into consideration in the crafting of the IRR.


Sec. 14, Study Now Pay Later Program. — A security guard, watchman, or private
detective, who opts or is mandated by existing laws and regulations to undergo and
finish additional training programs, courses, or training requirements including, but not
limited to, specialized security guard courses, security officers training courses,
whether specialized or not, detective training courses, and candidate protection agent
courses, shall be granted a “study now, pay later” schedule or program by any private
‘security training institutions or public institutions duly accredited by the government to
provide such training.

For this purpose, TESDA, together with PNP, may provide for the reasonable
mechanisms for the execution of this scheme under the IRR to be promulgated under
this Act. The welfare of guards and watchmen, and the rights and interest of the
institutions concerned must be taken into consideration in the crafting of the IRR.

Sec. 15. License to Operate (LTO). — Any person who complies with the
qualifications set forth in Section 4 of this Act that shall engage in the business of or
act as a private security agency, engage in private security services, or provide training
services must first secure the necessary permit from the PNP Chief, which is a
Prerequisite in obtaining a license to operate (LTO).

A license is required by any person who shall operate, manage, or direct a licensed
private security, detective, or training agency. Except for those employed solely for
clerical or manual work, any person participating in the management or operation
thereof shall likewise secure a license to operate a private security agency and provide
security services,

A license to operate shall be granted only to a private security agency that has a
minimum of one hundred (100) licensed private security personnel under its employ.
A security agency may hire a maximum of one thousand (1,000) qualified security
guards under its employ. Provided, that a security agency may apply for an increase
of the cap upon showing that the same is needed to address all the security
requirements of its clients. But such increase cannot be more than five hundred (500)
licensed security personnel.

Further, a license to operate shall be granted only to a private detective agency or
company guard force that has a minimum of thirty (30) licensed private security
personnel under its employ.

Finally, a license to operate a training facility shall be granted only to a training school,
institute, academy, or educational institution accredited by TESDA and offers courses
prescribed and approved by the PNP.

Sec, 16, Disqualifications of a Person from Receiving a License. — Any person
desiring to receive a license to operate shall not have any of the following
disqualifications:
(i). Has a previous record of conviction of any crime or offense involving
moral turpitude;
(ii). Has been dishonorably discharged, or separated for cause from
employment or service;

10


(ii). Is mentally incompetent, as determined by a competent authority;

(iv). Has failed a government-mandated drug test;

(v). Is a habitual drunkard or alcoholic; and

(vi). Is proven to be acting as a dummy for a foreign national or company or
for any person or company disqualified by this Act or other law to have
an interest, directly or indirectly, in any private security agency;

Sec. 17. Application for a License to Operate (LTO). — The application for a license
to operate shall be made in writing by the owner for single proprietorship; or by an
authorized person duly designated by a partnership, association, or a corporation
through a joint affidavit or board resolution, respectively, and shall be filed with the
PNP Chief through the PNP-SOSIA, Civil Security Group (CSG).

All applications shall be accompanied by a bond issued by any competent and
reputable surety, fidelity, or insurance company duly accredited by the Insurance
Commission (IC), which bond shall answer for any valid and legal claims against the
agency by its clients or employees. The amount of the bond shall be determined by
the PNP Chief and stipulated in the IRR of this Act. The amount of the bond shall not
be unjustified, prohibitive, nor unreasonable.

Sec. 18. Applications by Single Proprietorships. — Applications made by single
proprietorships shall include a copy of the certificate of registration issued by the
Department of Trade and Industry (DTI).

Sec. 19. Applications by Partnerships, Associations, and Corporations. —
Applications made by partnerships, associations, and corporations shall include a
copy of their respective certificates of registration issued by the Securities and
Exchange Commission (SEC) together with a partnership's Contract of Partnership,
or a corporation's Articles of Incorporation (AO!) and by-laws, as the case may be.

Sec. 20. Issuance of License. — When all requisites for the issuance of the license to
operate are complied with, the PNP Chief or the duly authorized representative, shall
issue the license and register the same, upon payment by the applicant of the annual
national fee and such other fees in accordance with the schedules of fees to be
determined in subsequent issuances or orders by the PNP, through the SOSIA. The
determination of such fees shall be made in coordination and consultation with all
various stakeholders.

All licenses issued by the authorized representative are reviewable by the PNP Chief.

Sec. 21. Validity and Renewal of License. — A license to operate granted under this
Act shall be valid for three (3) years from its issuance.

A license to operate about to expire may be renewed before the expiration of its validity
period. An application to renew a valid license filed beyond the validity period of the
license is ineffectual and invalid.

Only those private security agencies, detective agencies, or company guard forces

which employ the minimum number of licensed private security personnel shall be
allowed to renew their respective licenses.

11


Sec. 22. Administrative Fees of Private Security Agencies. — All private security
agencies are mandated to remit a minimum of twenty percent (20%) of the total
contract price of every service agreement to provide security service they receive as
administrative fees to safeguard the existence of legitimate private security agencies.

Such contract price shall include, but is not limited to, wages, emoluments, and other
benefits, including uniform allowance, due to private security personnel to be deployed
under the Labor Code and its IRR, retirement benefits under R.A. 7641, mandated
contribution to social benefits in SSS, EC, Pag-Ibig, and PhilHealth, and applicable
taxes.

Sec. 23. Display of License of a Private Security or Detective Agency. — The
license to operate granted to a detective or security agency shall be displayed at all
times in a conspicuous and suitable place in its office, any branch offices, and
headquarters. It shall be exhibited at the request of any person whose jurisdiction is in
relation to the business of the agency, the employees thereof, of the PNP Chief or his
or her duly authorized representative.

Sec. 24. Safeguards for the Public. - The PNP Chief may suspend or cancel the
license to operate any private security agency on any of the following grounds:

a. Suspension of a license to operate:

1. When the president, director, officer, or stockholder a 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; and

3. When the private security agency is found, by final judgment, to have
underpaid or maltreated any of its employees, or violated the Labor Code
by a court or competent quasi-judicial agency;

b. Cancellation of a license to operate:

1. When a private security agency takes part in an armed conflict either for
private gain, desire for material compensation, or for the advancement
of an ideology or philosophy;

2. When a private security agency uses force or threat of force to assert
itself or those it represents 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 prohibited in the 1987 Constitution of
the Philippines;

4, When a private security agency is used as a privately-owned and
operated paramilitary organization operating outside the regulatory
framework established by this law and its IRR and regulations;

5. When a private security agency is deliberately, unilaterally, and with full
knowledge of its management, used for the protection of a syndicated
criminal enterprise;

6. When the president, directors, officers, or stockholders of a private

12


security agency is convicted of a heinous crime, as defined by law;

7. When a private security agency intentionally and maliciously makes use
of electronic security devices or remote video surveillance in a manner
that violates the privacy of civilians;

8. When a private security agency is deemed grossly negligent in dealing
with violations, or mistakes of its members, or incompetency in its ranks;
and

9. Any analogous causes that renders the private security agency a
detriment to the maintenance of peace and order.

Sec. 25. Supervision by the Philippine National Police. — Upon promulgation of this
Act, the PNP shall exercise general supervision over the operation of all private
security agencies.

Sec. 26. Powers of the City or Municipal Mayors in Cases of Emergency. — In
cases of emergency or in times of disaster or calamities where the need for the
services of the security agencies may arise, the city or municipal mayor, through the
head of the city or municipal disaster risk reduction management office, as the case
may be, may request the services of the agency nearest the area and its duly licensed
personnel to help maintain peace and order, to prevent and apprehend law violators,
and to preserve life and property without compromising the safety and security of the
area where the private security personnel are assigned. Deputized private detectives,
watchmen, or security guards shall take direct orders from the PNP Chief for the
duration of a fire, inundation, earthquakes, riots, or other emergencies.

Sec. 27. Issuance of Firearms. — A private security agency shall be entitled to
possess firearms after having satisfactorily passed the requirements prescribed by the
PNP Chief pertinent to the possession of firearms of any caliber not higher than 5.56
caliber in a number not exceeding one (1) firearm for each private security personnel,
to include single-posts, in its employ. Provided, that all the firearms herein referred
shall be carried by the private security personnel only during their tour of duty, in proper
uniform, within the compound of the establishments where they are assigned, except
when they escort and secure persons, large amounts of cash, or valuables.

For this purpose, a security agency can keep under its control and possession as
many firearms as there are security guards in their employ as required of the private
security services.

Sec. 28. Uniform. — The uniform of private security personnel shall be different from
the uniform worn and prescribed for members of the AFP and the city and municipal
police force. The PNP Chief, through the authorized representative, shall prescribe the
uniform, ornaments, equipment, and paraphernalia to be worn by private security
personnel throughout the Philippines.

Sec. 29. Rights of Security Guards and Other Private Security Personnel. — Ail
security guards and other private security personnel, whether deployed or assigned
as reliever, seasonal, week-ender, or temporary, shall be entitled to all the rights and
privileges as provided for in the Labor Code, as amended, which shall include the
following:

3B


a. Safe and healthful working conditions;

b. Labor standards such as not limited to service incentive leave, premium pay,
overtime pay, holiday pay, night shift differential, 13" month pay, and
separation pay as may be provided in the Service Agreement or under the
Labor Code, as amended;

c. Retirement benefits under R.A. No. 7641, R.A. No. 1161, as amended by R.A.
No, 8282, and retirement plans of the private security agency, if any;

d. Social security and welfare benefits including SSS, EC, PhilHealth, and Pag-
Ibig:;

e. Right to self-organization;

f. Right to collectively bargain and negotiate, subject to the provisions of existing
laws; and

g. Security of Tenure

In case private security personnel are paid a salary lower than the minimum wage
prescribed by law, the private security agency and its olient where the underpaid
private security personnel are detailed shalll be solidarily liable for such violations.

Accordingly, if by law or wage order, the minimum wage of employees is ordered
increased, it shall be the duty of the client to immediately effect the corresponding
increase to the salary of the guards. On the other hand, it shall be the duty of the
agency to likewise immediately increase the wages of the guards upon adjustment
made by the client, failure on either of the client or the agency or both of them to
comply with any law-mandated wage increase, shall make its officers and directors
criminally liable in accordance with the penal provision in the appropriate wage orders
or otherwise by the revised penal code.

Sec. 30. 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 securing persons or large amounts of cash.

Private security agencies have the responsibility to perform due diligence on
prospective clients and ascertain the legality of the services they are required to
perform.

Any violation, or negligence, in this section, considering such violation's nature and
gravity, may be made a cause for suspension or revocation of the erring agency's
license to operate.

Sec. 31. Implementing Rules and Regulations. — The PNP Chief, in strict
consultation with Philippine Association of Detective and Protective Agency
Operators, Inc. (PADPAO), representatives of national security guard cooperatives,
stakeholders of the security industry, and other concemed government agencies, and
subject to the provisions of existing laws, is authorized to issue the rules and
regulations necessary to carry out the purpose of this Act, not later than one hundred
eighty (180) days from promulgation.

Furthermore, the PNP Chief shall consult with PADPAO, representatives of national

14


security guard cooperatives, various stakeholders, and other concerned government
agencies prior to the issuance of all regulations and issuances related to and affecting
private security agencies and private security personnel.

These implementing rules and regulations shall be reviewed every three (3) years.

Sec. 32. Penal Provisions. — Any private security or detective agency which violates
any provisions of this Act shall be held punished with imprisonment of not less six (6)
years and a fine not less than One Million pesos (P1,000,000) or both at the discretion
of the court and suspension or revocation of its license with forfeiture of the bond.

Sec. 33. Repealing Clause. — Republic Act No. 5487 is hereby repealed. All
laws, rules resolutions, municipal ordinances, regulations and administrative orders
contrary or inconsistent with them provisions hereof are hereby repealed.

Sec. 34. Separability Clause. — If any part or provision of this Act is declared
unconstitutional the remaining parts or provisions not affected shail remain in full force
and effect.

Sec. 35. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.

Approved.

15