FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
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OF THE PHILIPPINES 
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SENATE 
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S. No. 
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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 are a waste of public funds. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIF’PINES 
) 
8 JAN 29 i’: 
‘-5 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING PUBLIC OFFICERS, EMPLOYEES AND THEIR FAMILIES FROM 
CHARGING TO THE GOVERNMENT THE SALARIES OF THEIR 
PERSONAL PRIVATE SECURITY GUARDS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration ofpolicy. - 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. Definition of Terms. -As used in this Act, the term 
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employee. 
(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) “Private Personal 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 officer/employee under existing 
@) “Family of public officers/employees” includes the spouse or mistress, children 
whether legitimate or illegitimate, parents, brothers and sisters of the public officer or 
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(E) “Immediate legal family of the public officer” includes the public officer’s 
legitimate spouse and legitimate children. 
(F) “Public funds” refers to revenues derived from taxes imposed by the government, 
whether national or local, and which are intended for public purpose. 
(G) “Person” includes natural and juridical person, unless the context indicates 
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otherwise. 
(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$cers and Of$cials), and Circular Number 2 dated 12 March 2003 
issued by the Department of National Defense (Re: Detail of Military 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. 
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(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 for 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 incurring 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 Sandiganbuyan. 
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(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 of crime. - 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. E’ectiviEy 
Clause. - This Act shall take effect fifteen (15) days from 
its publication in at least two (2) newspapers of general circulation. 
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Approved, 
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