110s. F RLPRESENTATIVES
RECEIVED

Dave Dim ones
sive: nae
BY:

REGISTRATION UNIT
BILLS AND INDEX SERVICE

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

SEVENTEENTH CONGRESS
First Regular Session

742

House Bill Ne

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

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 in, and expansion of the_
private security industry after more than forty years since the law was first passed, but the law
remains the same. .

This bill seeks to professionalize the industry by intensifying the requirements for
training and professional certification of security practitioners. More importantly, it is
determined to uplift the plight and status of security guards who are the cornerstones of
the private security industry. Amendments introduced to Republic Act No. 5487 are
intended to address the needs and concerns 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 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.

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 and election-related violence that have both been associated with the existence of
private armies.

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

Approval of this bill is earnestly sought.

Luvana #. Vitter
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

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

SEVENTEENTH CONGRESS ~
First Regular Session .

House Bill No. 742

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay - Villar

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 Republic of the Philippines in Congress

assembled:

Section 1. Short Title of Act. This Act shall be known as "The Private Security
Agency Act of 2016."

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 associ

ns, duly organized and registered with

the Securities and Exchange Commission and/or the DEPARTMENT OF
TRADE AND INDUSTRY.

(b) 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 ESTABLISHMEN’
(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;
(4) MAINTAINING PEACE AND ORDER WITHIN SUCH
AREAS;

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(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 SERVICE:
(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.

c) 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

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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.

(g) PROTECTION AGENT (PA) - SHALL REFER TO ANY NATURAL
PERSON WHO OFFERS ms 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;

() 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 ITS DUTIES AS PRIVATE
SECURITY PERSONNEL, AS DEFINED IN SECTION 3 (e) HEREOF.

(k) LICENSE TO OPERATE (LTO) - IS A LICENSE CERTIFICATE
DOCUMENT, ISSUED BY THE CHIEF OF THE PHILIPPINE
NATIONAL POLICE OR ITS 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

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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 goverment 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

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ACADEMIC/SCHOLASTIC AND SKILLS/TRAINING
REQUIREMENTS SUBJECT TO OTHER REQUIREMENTS
PRESCRIBED HEREINUNDER.

A. BASIC REQUIREMENTS 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 CITIZE!

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-
PSYCIDATRIC 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 OFA SECURITY OFFICER.-NO PERSO!
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 COLLEGENOCATIONAL COURSE AND HAS
AT LEAST FIVE (5) YEARS EXPERIENCE IN ANY
SUPERVISORY POSITION;

1, PHYSICALLY AND MENTALLY FIT;

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2. HAS GRADUATED FROM A SECURITY OFFICER
TRAINING COURSE OR ITS EQUIVALENT; AND

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

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 GOVERNME
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 COLLEGENOCATIONAL COURSE AND HAS
AT LEAST FIVE (5) YEARS EXPERIENCE IN ANY
SUPERVISORY POSITION;

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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.

(C)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:

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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 PROPRIETORSHIP S 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

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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 OPERA

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

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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, $487, 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 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

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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 worn 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, omaments,
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
PIDLIPPINES, 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

Page 13 of 14


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. Efectivity. This Act shall take effect fifteen days following its official
publication.

Approved,