2 OMAR zor2
Ye BY
Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

2052

COMMITTEE REPORT NO.
Submitted by the Committee on Public Order and Safely on ZOMAR 2012
Re + House BiG: __ GC-40.
Recommending its approval in substitution of House Bill Nos. 3021, 3713 and 3876
Sponsors: Representatives Pablo John F. Garcia, Salvador H. Escudero Ill, Juan

Miguel “Mikey” Macapagal Arroyo, Angelo B. Palmones and Catalina C.
Bagasina

Mr. Speaker:

The Committee on Public Order and Safety, to which were referred House Bill
No. 3021, introduced by Representative Salvador H. Escudero Ill, entitled:

“AN ACT
AMENDING SECTIONS 5 AND 6 OF REPUBLIC ACT NO, 5487, AS AMENDED,
OTHERWISE KNOWN AS ‘THE PRIVATE SECURITY AGENCY LAW”

House Bill No. 3713, introduced by Representative Juan Miguel “Mikey” Macapagal
Arroyo and Ma. Amelita A. Calimbas -Villarosa, entitled:

“AN ACT
AMENDING REPUBLIC ACT NO. 5487, ‘AN ACT TO REGULATE THE
ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE.
WATCHMEN OR SECURITY GUARDS AGENCIES’, AS AMENDED BY
PRESIDENTIAL DECREE NO. 11”

and House Bill No. 3876, introduced by Representative Angelo B. Palmones and
Catalino C. Bagasina, entitled:


“AN ACT
AMENDING REPUBLIC ACT NO. 5487 OTHERWISE KNOWN AS ‘AN ACT TO
REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE,
WATCHMEN OR SECURITY GUARD AGENCIES’ AND FOR OTHER PURPOSES”

has considered the same and recommends that the attached House Bill No.
at 6040. entitled:

"AN ACT
PROVIDING A THREE (3) YEAR VALIDITY PERIOD FOR THE LICENSE TO
EXERCISE SECURITY PROFESSION, AMENDING SECTION 6 OF REPUBLIC ACT
NO. 5487, AS AMENDED, OTHERWISE KNOWN AS ‘THE PRIVATE SECURITY
AGENCY LAW”

be approved in substitution of House Bill Nos. 3021, 3713 and 3876 with
Representatives Salvador H. Escudero Ill, Juan Miguel “Mikey” Macapagal Arroyo,
Ma. Amelita A. Galimbas-Villarosa, Angeto B. Palmones, Catalina C, Bagasina, Pablo
John FE. Garcia, Rodolfa W. Antonino, Romeo M. Acop, Emmeline Y. Aglipay,
Leopoldo N. Bataoil, Roilo Golez, Loreto teo S. Ocampos, Nasser C. Pangandaman,
Maximo B. Rodriguez, Jr. Jesus N. Sacdalan, and Susan A. Yap as authors thereof.

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES,
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
Second Regular Session

House BitNo._ 6040

Introduced by Representatives Salvador H. Escudero lll, Juan Miguel “Mikey”
Macapagal Arroyo, Ma. Amelita A. Calimbas-Villarosa, Angelo 8. Palmones,
Catalina C. Bagasina, Pablo John F. Garcia, Rodolfo W. Antonino, Romeo M.
Acop, Emmeline Y. Aglipay, Leopoldo N. Bataoil, Roilo Golez, Loreto Leo S.
Ocampos, Nasser C. Pangandaman, Maximo B. Rodriguez, Jr.

Jesus N. Sacdalan, and Susan A. Yap

AN ACT PROVIDING A THREE (3) YEAR VALIDITY PERIOD FOR THE
LICENSE TO EXERCISE SECURITY PROFESSION, AMENDING SECTION 6
OF REPUBLIC ACT NO. 5487, AS AMENDED, OTHERWISE KNOWN AS ‘THE.

PRIVATE SECURITY AGENCY LAW’

Be it enacted by the Senate and House or Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 6 of Republic Act No. 5487 is hereby amended to
read as follows:

"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 without first having obtained the necessary permit from
the Chief, [Philippine Constabulary] PHILIPPINE NATIONAL
POLICE (PNP) which permit as approved is a prerequisite in
obtaining a license or license certificate: Provided, That all
existing private detectwe or watchman or security guard
agencies shall have a period of one (1) year from the approval
of this Act to secure the said license: Provided, further, That
existing agencies, and any new agency which may hereafter
apply for a license, SHALL certify under oath that their private
detectives, watchmen or security guards, have received the
appropriate training from either the [Philippine Constabulary}.
PNP, the National Bureau of Investigation, any jocal police
department, or any other public or private institution duly
recognized by the govemment to conduct police training
PROVIDED, FINALLY, THAT THE LICENSE TO EXERCISE
SECURITY PROFESSION (LESP) OF DULY QUALIFIED


SEC 2. Separability Clause. If, for any reason, any provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SEC 3. Repealing Ciause. All laws, decrees, order, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.

SEC. 4. Effectivity Clause. This Act shall take effect upon its publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,


FACT SHEET

House Bill No. 640
AN ACT
PROVIDING A THREE (3) YEAR VALIDITY PERIOD FOR THE
LICENSE TO EXERCISE SECURITY PROFESSION, AMENDING
SECTION 6 OF REPUBLIC ACT NO. 5487, AS AMENDED,
OTHERWISE KNOWN AS “THE PRIVATE SECURITY
AGENCY LAW”

Introduced by: REPS. SALVADOR H. ESCUDERO iif, JUAN MIGUEL “MIKEY”
MACAPAGAL ARROYO, MA. AMELITA A. CALIMBAS-VILLAROSA, ANGELO B.
PALMONES, CATALINA C. BAGASINA, PABLO JOHN F, GARCIA, RODOLFO W.
ANTONINO, ROMEO M. ACOP, EMMELINE Y. AGLIPAY, LEOPOLDO N. BATAOIL,
ROILO GOLEZ, LORETO LEO S. OCAMPOS, NASSER C. PANGANDAMAN,
MAXIMO B. RODRIGUEZ, JR. JESUS N. SACDALAN, AND SUSAN A. YAP

Committee Referral: COMMITTEE ON PUBLIC ORDER AND SAFETY
Committee Chairperson: REP. PABLO JOHN F. GARCIA

OBJECTIVE

« To reduce the financial burden of security guards by extending the validity
period of their license from two to three years.

KEY PROVISION

+ Provides that License to Exercise Security Profession (LESP) shall be valid for
a period of three (3) years.

RELATED LAWS

Republic Act 5487 - The Private Security Agency Law
Presidential Decree 5487- Amending Certain Provisions of RA 5487

As of 7 March 2012


Page | of 3

The LAWPHIL Project Today is Wednesday, mene

Bs EME HERD TIEN

[PPEIPPRE LAWS AN JURISPRUDENCE DATABANK

REPUBLIC ACT No. 5487

[AN AGT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR
‘SECURITY GUARDS AGENCIES.
(Rep. Act No, 5487. as amended by Presidential Decree No. 11.)

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

Section 2. Scope ofthis Act. The organization. operation, business and activities of private detectives. watchmen or
‘secutity guards agencies shall ba governed by the provesions of this Act

Section 3. Definition of Terms. (a) Person. As used in this Aci, parson shall include not only natural persons ut
Stoo jundical persons such as corporation, partnership, company or association duly registered wth the Ssowrtes:
RS Exchange Commission andior the Bureau of Commerce. (p) Private Detective Agency. A private dorsstve
sency i any parwon, who, foc hire of reward or On commission, conducts of carnes on a holds teal or tee ont
ae coaducting oF carrying on 2 detective agency, o° detective service (c} Private Detecive. A private detective 5S
Shy person who ie not a member of a regular pole agency of the Armed Forces of the Philppines who Sows
sarerere work for hire, reward, oF commission. (qd) Watchman or Secuty Guard, Watchman or Secunly Guard
Rgercy. Any person who offers or renders personal service to watch or secure eihor restiantial of buswess
coerithment or both, ar any building, compound, or area including but not limited to logging concessions.
Soncuturel, mining of pasture lands for hire oF compensation, or as an employee thereof shall pe Knew Se
arches or eecurty guard; and any person, azsocaton. partnership, oF corporation, who recruts, (reins, ‘usien
Samishes, sorts indiveduals or business firms. private or government-owned or controlled corporabons 10 engiw
eee oi those of ie watchmen, shall be known as Walchman of Security Guerd Agency. (As amenoed by
Pres. Deciae No 11, October 3, 1972.)

Section 4. Who May Onyenize a Secunty of Watchman Agency. Any Filpino ctzen ot a corporation, partnershin, of
Sector a wath a pintmum capital of fve thousand pesos. one hundred per cent of which is owned and cortoled
FF Plone Gtizens may orgenza a secunty of watchman agency: Provided, That no person shall organs o1 fate
OF i Moicat in, more tran one such agency except those which are already existing at the promulgation of this
eaana ret doe) further, That the operator or manager of said agency must be atleast 25 years of age. a college
cerleste andor 2 commissioned offeer n the mactive serv of the Armed Forces of fhe Philippines: of gaoe Rowe
nate having ao previous record of any convicdon of any crime or offense involving moral turpitude and not
‘Suffenng from any of the following disquaifications:

(1) Having been dishonorably discharged er separeted from the Armed Forces of the Philippines.
(2) Being a mental incompetent;

(3) Being addicted to the use of narenic drug oF drugs, and

(4) Being a habitual deunkard,

For purposes of this Act, eloctive or anpomive goverwment employees who may be called upon on accoun! ef ie
Feast iit respective offices in the implementation and enforcement of the provisions of thes Act end any
Racin salatad t euch government amnpsoyees by afinty or consanguinity in the third cv degree shay tot told any
Seen jena or indiwedy in any securty guard or watchman agency (As amended by Pres Decree No. 11.)

Section 5. Quoliications Required. No person shail be employed 26 securly guard or watchman or ommate
Section 5 Jose ne is (2) @ Filipna clizen, (b) 8 high school greduate,(c) physicaly ans mentally, Re (¢) 90! ese
Setar es 20 year of ager (e) atleast $ feat and 4 inches in height: and (f) suffering none of te
See Eicstons proved for in the preceding section: Provided, That foreigners who are akeady smposes
esqualiicatons Pinay guards ror to the approval of this Act shall not be subject to the above-mernones
wa lomonte, Provided, tuther, That veterans shaf ba given prionty in employment as securty Quand MalerneN At

cetawtive, And provided, nally. That person convicted of any crime involving moral turpitude shall aot Be
employed as secutly guard, watchman or prvale deizctve

Section 6. License Nacoseary. No person shall engage in the business of. ot act either 98 a private detects. of
Se are and ether engage in the occupation. caling or employment of watcheran oF in the busiapes of
Se ee ar winosl fret Raving oblained the necessary permit from the Chief, Phitppine Comsabiey
sara ae approved i prevequrate 1p oblining a eence or license certificate, Proviied That oo Sees
wcrc Setecive of waichman of socurty guard agencies shall have a pesod of one (1) yoo! Hom the approval of
Fra ee ee tcad lena. Provided, Arr, That exising agencies, and any new agency whieh [ey
a eae tor a canes, certy under oath that their prvate detectives, watchmen or secunty guarss. Mme
Oe Aer opiate vain from allher the Philippine Constabulary, the Nationel Bureau of Investigation, 2ny

http://www. lawphil.net/statutes/repacts/ral 969/ra_5487_1969.html 3/7/2012


va RA, $487 Page 2 of 3

local police department, oF any other public institution duly recognized by the govemment to conduct police trairing.

_ Section 7. Application for License. The application shall be made m writing and shall be fled with the Chief.
Philippine Constabulary. It shall contain the full name of the applicant, his age, civil status, his residence and
fecation of business. if the applicant i= @ corporation, association or partnership, a copy of the certficare of
registration with the Securities and Exchange Commission together with its by-laws and articles of incomoraton,
wath the Bureau of Commerce

‘Section 8. Foos fo be Paid and Bonds. When all requisites for the issuance of the license have been complied with

‘the Chiet of the Philippine Constabulary or his duly authorzed representative shail issue @ permit for the rssuan ce of
such license and register the same in his office, upon payment by the applicant of the fee in accordance with the
following schedule:

(a) the sum of one hundred pesos per annum as nalional license:

(©) the sum of fly pesos per annum as municipal license fee in any city where it may operate. the said fee to
be payable to the city treasurer concemed.

{c) the sum of twenty-five pesos per annum as munsapal license fee for any municipality where it may
‘operate, the said {ne to be payable to the municipal leasurer concemed:

(d) te prwvate Detective and Watchman Agency ehall in nckition tothe above pay a fixed Internal Revenue
‘Tox of one hundred pasos per annum in Neu of percentage taxes,

(e) the individual private detective andiot watchman shall pay for Mayor's Permit, Health andlor Sanitary fee
jan amount not exceeding thres pesos per annum and the agency shall pay the sum not exceeding ten pesos
for the Mayor's Permit and Health and/or Sanvtary fees, and

(f) the Chief of the Philppine Constabulary or his duly authorized representative shail wave an appointment
‘over his signature and affix the seal ot his office, te each loense and for each euch appointment. tre sum of
one peso shail be paid.

“The application shall further be accompanied by a bond issued by any competent or reputable surety oF fidelty oF
insurance company duly accredited by the office of the Insurance Commissioner in the sum of not less thes: fe
thousand pesos nor more than ten thousand pasas in the discretion of the Chief, Philippine Constabulary. which
bond shall answer for any valid and legal claim against the agency by iis clients or employees: Provided That
eenses issued in the province of an authorized representatve of the Chief of Constabulary is subject to rewew by
the Chief of Constabulary.

‘Any prowsion of this or other law to the contrary notwithstanding, the Chief of Constabulary may, at any time
‘Suspend or cancel the licenses of private watchman oF secunty guard agency found violating any of the provisions of
ths Act or of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto, (This paregroph
was inserted by Sec. 3, Pras. Decree No. 11.)

‘Other provisions of Pres. Decree No. 11

‘Any person who commit any actin violaton of Republic: Act No. 5487 and of this Dectee, and the implementing
jules and reguiations airendy promulgated which are not i conflict herewith, and those to be promulgated by the
‘Civef of Constabulary pursuant hereto, shall, on conviction thereof, suffer imprisonment of from ten to fifieen years
‘ond a fine of not less than fen thousand pesos nor more than fifteen thousand pesos #6 a military courttnounal or
‘commission may direct.

“The Chief of Constabulary shall promulgate the necessary rules and regulations to carry out the previsions of this
Decree,

Section 9. Employees Need Not be Licensed. Every person operating, managing, directing or conducting a hoonsed
prvale detechve oF waichmen agency shall ako be considered icensed privale detective, or watchman and no
person shall be employed or used in a private detective work unless be be a licensed private detective of watchman
Pronded. That nothing in this section shall be constued 28 requirmg detective license for persons employec solely
{for Glerical or manual work.

‘Section 19. Display of License. The license shall be displayed at all imes in a conspicuovs and suitable place in the
‘agency office oF headquarters of the agency and shail be axhibxted at the request of ary person whose jurisdiction is
Frrelation with the business of the agency or the employees thereef, or of the Chief of the Philippine Constabulary
‘or his duly authorized representative or any peace officer.

‘Section 14. Supervision of the Philippine Gonstabulary. Upon approval of this Act, the Philippine Constabulary shall
Gxerese general suparvision over the operation ofall private delactive and watchman or security guard agencies.

‘Section 42, Powors of City or Municipal Mayors ia Gases of Emorgency. in case of emergency or in tres of
Gastor of calamities where the services af such agencies arise, the City or Municipal Mayor, as director of Civil
Defense, may muster ar incorporate the eervices of the agency nearest the area whera such emergency, disaster oF
calamiy ances and its duly licensed personne! to help maintain peoce and order, andior the prevention or

hntp://www lawn .net/statutes/repacts/ra1969/ra $487_1969.htm} 3/7/2012


. 5487 Page 3 of 3

oprehension of law violators and in the preservation of fife and property. Deputized private detectives, watchmen of
security guards shall lake direct orders from the Chief of Police for the duration of the fire, inundation, earthquakes,
riots or other emergencies.

‘Section 19. {ssuance of Firearms. A watchman or security agency shall be entitled to posses firearms after having
salisfactorily passed the requirements prescribed by the Chief, Philippine Constabulary pertinent to the possession
‘of firearm of any caliber nat higher than 45 caliber in a number not exceeding one firearm for every two walchmen or
Secunty guards in its employ: Provided, hawaver, That 2 walchman or security agent shall be entitled to possess not
‘more than one riot gua or shoigun in ofder to provide adequate security when circumstances so demand: Provided,
further, Thal all the firearms mentioned herein shall be cared by the watchman or security guard only durng his
tour of duty in proper uniform within the compound of the establishment except when he ascorts big amounts of
cash oF valuables in and out of sald compound,

‘Section 14, Uniform. The uniform of watchman or security guard as well as those organized, maintained of under
the employment of the government of any government-owned and/or controlled corporations, agencies or entities,
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, Philippine Constabulary, through his duly authorized representative shall
Prescribed the uniform or omaments, equipment and paraphemalia ta be wom by the security guarcs and
watchmen throughout the Philppines,

Section 18. Compensation of Watchmen or Security Guards. Watchmen or security guards shail receive # salary
‘not lower than thal prescribed in the Mirumum Wage Law.

Section 16. Limitations and Prohibitions. 1 On Membership: (a) No agency operating in the City of Mania and
‘suburbs may employ more than 1,000 watchmen or secunty guards; (b} no agency operating in other cites and fret
class municipalities may employ more than 500 watchmen or security guards; (c) no agency operaing 1a
‘unieipatities other than first class may employ more than 200 watchmen or security guards.

2, On Organization: No parson, cosporation, partnership or association may organize more than one agency
many one city or municipality

3. On Service: No agency shall offer, renter or accept its services to gambling dens or other itegal
enterprisas. The oxtent of the security service being provkied by any secunty agency shall not go beyond the
whole compound or property of the person or establishment requesting the security service except when they
‘escort big amount of cash,

Section 17. Rulas and Regulations by Chief, Philippine Constabulary. The Chief of tho Philippine Gonstabu ary, in
consultation with the Philippine Association of Detective and Protective Agency Operators, Incomorated and subject
19 the provatone of exiting laws shore authorized to ise the rule ang regulations necessary fo cary ut ihe
Purpose of this

Section 18. Pana! Provisions, Any violation of this Act of the rule or regulation issued hereunder shail be punished
by suspension, of fine not exceeding P200.00 or cancellation of his oF its oenses to operate, conduct, di:ect or
manage a private detective, watchman oF security guard agency and all its members in the discretion af the court
together wath the forfeiture of tts bond fled with the Phitppine Constabulary,

11 the vielation is committed by those persons meaboned under paragraph two, section four of this Act the panatty
‘shall be imprisonment eanging from ane to four years and fine ranging from one to four thousand pesos in the
iseretion of the court

Section 19. Repealing Clause. All Jaws. rules, resolutions. municipal ordinances, regulations and adminsstrative
‘orders contrary or inconsistent with the pravisions hereof are hereby repesied,

Section 20. Effectivity. This Act shall take effect upon ts approval

Approved, June 21, 1969.

=

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P.D,No. 211 1972 Page | of 2

‘Today is Tuesday. February 28. 2012

The LAWPHIUL Project

‘PHILIPPA LAWS AMD JURISPRUDENCE DATABANK

MALACARANG
Manila

PRESIDENTIAL DECREE No. 11 October 3, 1972

AMENDING CERTAIN SECTIONS OF REPUBLIC AGT NUMBERED FIFTY-FOUR HUNDRED EIGHTY SEVEN
OTHERWISE KNOWN AS, “THE PRIVATE SECURITY AGENCY LAW.”

WHEREAS, there were pending before Congress prior to tha promulgation of Proclamation No. 1081. dated
September 21, 1972, cariain priority measures vital to the law enforcement program of the Government and to the
restoration and maintenance of peace and order throughout the land, which wera duly certified by the President as
urgent measures;

WHEREAS. one of thase pronty measures is House Bill No. 4606 entitled, "An Act to Amend Certain Sections of
Republic Act Numbered Fify-Four Hundred Eighty Seven othermse known as, the Private Security Agency Law.”

WHEREAS, the said House Bil No, 4606 seeks to amend the Private Security Agency Law because

(a) There are numerous private firms, companies and corporations including govamment-owned oF controlled
corporations employing sround 30,000 watchmen or securty guards who are armed with considerable
‘aumbers of firearms but who are not covered by Sechon 3 of the Private Security Agency Law:

(©) The Private Secunly Agency Law did not establish adequate safeguards against the intrusion of pe-sonal
interest in the issuance of licenses prescribed by said law:

(c) There are inadequate regulatory powers of the Philippine Constabulary over the operations of the prvale
‘security guards or walchman agencies and thei guards or watchmen;

WHEREAS. to provide for an effective deterrent to the commission of acts in violation of said Repubix: Act No 5487
and this Decrse, and of the implementing rules and regulations promulgated by the Chief of Constabulary pursuant
thereto, by providing stif penalties for violators:

NOW. THEREFORE. |, FERDINAND E. MARCOS. Commander.in-Chief of all the Armed Forces of the Philippines,
and pursuant to Proclamation No. 1081, dated September 21. 1972. General Orders Nos 1 and 6. both dated
September 22, 1972 and General Orde’ No. 7 dated September 23, 1972, do hereby order and decree. that

1. Secon three (4) of Republic Act Fifty.Four Hundred Eighty-Seven. otherwise known as, “The Prvate
‘Secumty Agency Law” is hereby amendad to read as follows:

"{d) Watchman of Security Guard, Watchman or Security Guard Agency. Any Persons who
offers of tenders personal service to watch of sacure either rasidental or business
estabishment, of both, of any building, compound, or area including but aot limited to lnag%G
foncassions, agricultural, mining or pasture lands for hire or compensalion. or as an employee
thereof shall be known 2& watchmen or security guard, and any perso, associabon, partnership.
or corporation, who recruits, trains, musters, fumishes, solicits individuals or business firms,
privale oF govemmentowned or controlled corporations lo engage his service or those of ts
watchmen, shall be known a8 Watchman of Security Guard Agency.”

2. Sechon four of Republic Act Fifty-four Hundied Eighty-Seven is hareby amended to read as fotlows:

“Sec. 4. Who May Organize @ Secuntly or Waichman Agency. Any Filipino citizen or a corporation,
partnership, or association, with a minimum capital of five thousand pesos, one-hundred per cant of which is
tuned and controled by Filipino ctizens may organize a seourty or watchman agency: Provided, That no
person shall organize or have an interest 1, more than one such agency except those which are aeady
bxisbng al the promuigaton of this Decree Provided, further, That the operator or manager of said agency
must be al loast 25 yoors of age, a college graduate andlor a commissioned officer in the inactve service of
the Amed Forces of the Philippines; of good moral character: having No previous record of any conviction of
‘any eine or offense involving moral turprtude and not suffering from any af the following disqualiications

(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,

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P.D_No, 211 1972 Page 2 of 2

(4) Being a habitual drunkard

“For purpeses of this Act, elective or appointive goverment 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
onsanguinity in the third civil degree shall aot hold any interest, directly or indirecty in any security
‘guard oF watchman agency.”

3, Section eight of Republic Act Fity-Four Hundred Eighly Seven is hereby amended by inserting as the last
paragraph thereof, the following

“any provision of this or other law to the contrary notwthstanding, the Chief of Constabulary may. at any time
suspend or cancel the licenses of private walchman or secunty quatd, or any licenses of private watchman or
security guard agency found violating any of the provisions of this Act or the rules and regulaions promulgated by
the Chief of Constabulary pursuant thereto;”

‘Any person who commit any act in violation of Republi: Act No 5487 and of this Decree, and the implementing
rules and regulations already promulgated which are not in conflict herewith, and those to be promulgated by the
Chief of Constabulary pursuant hereto, shall, on convicbon thereof, suffer imprisonment of from ten to fifteen years.
and a fine of not less than ten thousand pesos nor more than fifteen thousand pesos as a military courvtribairal or
commission may direct

“The Chief of Constabulary shall promulgate the necessary rules and regulations to carry oul the provisions cf this
Decree.

Done in the City of Manila, this 2rd day of October, in the year of Our Lord, nineteen hundred and seventy-two

http://www Jawphil net/statutes/presdces/pd1972/pd_11 _1972-hrml 2/28/2012


. Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

1s™ CONGRESS
First Regular Session

al
HOUSE BILL NO. 30 an

introduced by REP, SALYADOR 1, ESCUDERO DIL

EXPLANATORY NOTE

‘This bil] seeks to case the burden currently besetting security guards or watchmen.

First, it provides for a study now pay later scheme for security guards, watchmen and
even private detectives who may opt, oF are raandated, (0 finish the security management
specialist course offered by public and private institutions which are government accrosited
to conduct police and security training.

‘And second, it extends the validity of every security guard’s required security license
under Republic Act No, 5487 and its Implementing Rules and Regulations.

in view of the foregoing and in deference to the uniquencss ofa security guard's job
which principally iavolves'risk of life and Simb, carly passage of this proposed measure is
submitted.

m4
SALVADOR B. ESCUDERO TL
Representative
1 District, Sorsogos


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session *

HOUSE BILL NO. 3024

Introduced by REP. SALVADOR H. ESCUDERO IT

AN ACT
AMENDING SECTIONS 5 AND 6 OF REPUBLIC ACT NO. 5487, AS AMENDED,
OTHERWISE KNOWN AS THE PRIVATE SECURITY AGENCY LAW

Be it enacted by the Senate and the House of Representatives of the Phitippines in
Congress assembled:

SECTION 1. Section 5 of Republic Act (RA) No. 5487, amended, is hereby further
amended to read as follows:

“Section 5, Qualifications Required. No person shail be employed as
security guard or watchman or private detective unless he is: (a) 8
Filipino citizen; (o) a high school graduate; (©) physically and mentally
fit; (4) not fess than 21 nor more than 50 years of age: (€) al least 5 feet
and 4 inches in height; and (f) suffering none of the disqualifications
provided for in the preceding section: Provided, ‘That’ foreigners who are
already employed as watchmen or security guards prior to the approval of
this Act shall not be subject to the above-mentioned sequirements:
Provided; further, That veterans shall be given priority in employment a8
security guard, watchman oF private detective: [And] provided,
MOREOVER [finally], Taat person convicted of any orime involving
‘moral turpitude shall not be employed as security guard, watchman or
private detective: AND PROVIDED, FINALLY, THAT A SECURITY
GUARD OR WATCHMAN OR PRIVATE DETECTIVE, WHO
OPTS OR IS MANDATED PURSUANT TO EXISTING LAWS
AND. REGULATIONS TO UNDERGO! AND FINISH THE
SECURITY MANAGEMENT SPECIALIST COURSE, SHALL BE
GRANTED A STUDY NOW PAY LATER SCHEME OR
PROGRAM BY ANY PUBLIC OR PRIVATE TRAINING
INSTITUTIONS OR SYSTEM DULY RECOGNIZED BY THE
GOVERNMENT TO CONDUCT PRIVATE SECURITY OR
POLICE TRAINING.” 7


SEC. 2. Section 6 of RA No. 5487, as amended, is likewise further amended to
read as follows:

“Section 6. License Necessary. No person shall engage in the business of,
on 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 without first having obtained the necessary permit
from the Chief, Philippine Constabulary 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 shali
have a period of one (1) year from the approval of this Act to secure the
said license: Provided, further, That existing agencies, and any new
agency which may hereafter apply for a license, certify under oath that
their private detectives, watchmen or security guards, have received the
appropriate training from either the Philippine Constabulary, the National
Bureau of Investigation, any local police department, or any other public
institution duly recognized by the government 16 conduct police training.

NOTWITHSTANDING ANY PROVISION OF THIS ACT OR ITS
IMPLEMENTING RULES AND REGULATIONS TO THE
CONTRARY, THE * APPRORIATE SECURITY LICENSE
GRANTED TO. A SECURITY GUARD OR WATCHMAN SHALL
BE VALID FOR AT LEAST 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. 3.

All Jaws, presidential decrees, letters of instructions, executive arders,

rules and regulations insofer as they are consistent with this Act, are hereby repealed or
amended as the case may be.

SEC. 4.

In case any provision of this Act or aity portion hereof is declared

‘unconstitutional by a competent court, other provisions shall not be affected thereby.

SEC. S.

‘This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in two (2) newspapers of general circujation.

Approved,



CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bit No___ 3713

Introduced by Representative
MIKEY MACAPAGAL ARROYO

EXPLANATORY NOTE

The Implementing Rules and Regulations of Republic Act No. 9487 (An Act to
Regulate the Organization and Operation of Private Detective, Watchmen or Security
Guards Agencies), as amended by Presidential Decree No. 11, provide that the regutar
license a.k.a. Private Security Personnel License Card shall be valid for two (2) years.

However, it must be emphasized that security guards undergo rigid training,
attend seminars, arid take various exarninations in order to qualify for the issuance of
said regular license. Significant expenses are entailed by security guards for purposes
of meeting the requirements for licensing.

Thus, in order to provide meaningful assistance to security guards, it is proposed
that the validity of regular licenses be increased to three (3) years from the date of
issuance. This will forestall any additional expenses for the renewal of such licenses.

For these reasons, the approval of this Bill is earnestly sought.

‘Ang Galing Pinoy Party List


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS

First Regular Session
HOUSE OF REPRESENTATIVES

House Bil No. 3713

Introduced by Representative
MIKEY MACAPAGAL ARROYO

AN ACT AMENDING REPUBLIC ACT NO. 5487 (AN ACT TO
REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE
DETECTIVE, WATCHMEN OR SECURITY GUARDS AGENCIES), AS
AMENDED BY PRESIDENTIAL DECREE NO. 11

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 6 of Republic Act No. 5487 is hereby amended to read as
follows:

“Section 6. x xX *

Section 6-A. The Private Security Personnel License Card
{Regular _License) of duly qualified security quards shall be valid for a

period of three (3) years from. the date of its issuance °

SECTION 2. Separability Clause. If, for any reason, any part or prov'sion of this
Act is declared invalid, such declaration shall not affect the other provisions of this Act.

SECTION 3. Repealing Clause. The provisions of Jaws, decrees, executive
orders, ordinances, rules and regulations inconsistent with this Act are hereby repeated,

amended or modified accordingly.

SECTION 4. Effectivity. This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in two {2) national newspapers of

general circulation.

Approved,


FIFTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES)
First Regular Session)

HOUSE OF REPRESENTATIVES
#8. No,

INTRODUCED BY THE HON. ANGELO'B. PALMONES
‘and HON. CATALINA C. BAGASINA

AN ACT
AMENDING REPUBLIC ACT NO. 5487 OTHERWISE KNOWN AS “AN ACT TO
REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE.
DETECTIVE, WATCHMEN OR SECURITY GUARD AGENCIES” AND ¥OR
OTHER PURPOSES

EXPLANATORY NOTE

Section 6 of RA No. $487 prescribes thal “no person shall engage ia the business of. of 3el
either as a private detective, or detective agency; and either engage in the ‘occupation,
calling or employment of watchman of in the business of watchman's agency withour first
having obtained the necessary permit from the Chief Philippine Constabulary ¢nuw the
Philippine National Police - PNP} which permit as approved is prevequisit in obtaning &
Panse oe license certificate’ RA No. $487 does not prescribe the duration of the validity of
tees coe of Watchmen or Security Guards. The Implementing Rules and Regulations of RA
No. 5487 does.

Section 9 of Rule V of the IRR provides that the Private Security Personnel License Card shall
have duration or validity for two (2} years. Furthermore, Section 13 d of Rule V of the IRR
Mnsorbes that ral Licensed security personnel must undergo in-service Tes Ung at least
aarp every two (2) years preferably two months before his/her birth moh The

cenlificate of in-service (aining shail be a prerequisite among others, for the renewal of
License to exercise profession”

Security Guards or Watchmen have taken sue on the fequency of recewing their license.
They aver that drivers renew their licenses every three (3) years and their responsibility to
Pe Sterus (passengers) especially the professional drivers of passenact vehicles is 2s
tremendous if not more so than a Secunty Guard. Furthermon’ dcivers do not undergo
Gaiver's training before renewal of tbeir license. Some Security Guards aver that the subject
nd content of training remain the same trining-after-traming,

Corollary to the issue of renewal cf license is the cost of training. Security Guards (SG) say
that the cost of training is about 3,590 and this is @ big drain from their take-home pay. And
this brings the other issue. ‘While RA 5487 provides that the salary of Security Guards should
conform to the minimum wage they profess that they are ‘not recaving the minimum wage.


“They claim that theit monthly salary is P7,900 when they should be receiving P9,600. Given
the deductions for SS§ (P200/mo), Pag-ibig (P}00/mo), Phil-Health (P100/mo) there is not
much left after these deductions. Some Agencies, the Security Guards claim, also demand
that that they make a Cash Bond Deposit which ranges from P100 to P40G per month. The
Cash Bond is supposed to cover any unpaid obligations of the SG. The SGs are not paid
interest on their Cash Bond Deposit. One SG also claimed tbat when he terminated his
employment with the Agency his Cash Bond deposit was not reimbursed to him.

‘The other issue that surfaced from the SGs is the duration of service they are required to
render, 12 hours per shift which should only be 8 hours and they do not get overtime pay
Others claim that they are not paid the 13" month pay.

Jn the face of these complaints the amendment to RA 5487 and its implementing rules and
segulations are bighly timely.

ANGELO B. PALMONES cararmna € BkEASR


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES)
First Regular Session)

BOUSE OF REPRESENTATIVES
ELB. No.

INTRODUCED BY TRE BON, ANGELO B. PALMONES
and HON. CATALINA C. BAGASINA

AN ACT

AMENDING REPUBLIC ACT NO. 5487 OTHERWISE KNOWN AS “AN ACT TO.
REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE
DETECTIVE, WATCHMEN OR SECURITY GUARD AGENCIES” AND FOR
OTHER

Section 1 -

PURPOSES

Section 6 of RA No. 5487 otherwise known as the “Act to Regulate the

Organization and Operation of Private Detective, Watchman or Secunity Guard Agenc:es™ is

amended as follows:

Section 6. License Necessary. No
net either as a private detective, or detective agency;
the occupation, calling of employment of watchman or in'the business of
watchman's agency without first baving obtained the.necossary permit from
the Chief, Philippine ‘Constabulary (now the Philippine National Police ~
PNP) which permit as apgroved is prerequisite in
Jicense certificate: Provided, “That

person shall engage in the business of, or

end either engage 10 wy
obtaining a license of
‘il existing private detective oF

watchman or security guard agencies shall have 2 period of one (1) year

Trom the approval of this Act to secure the said license: Provided, further,

That existing agencies, and my new agency which may

hereafter apply for a license, certify under oath that their private detectives,

watchmen or security guards, have received the appropriate traning, from
. either the Philippine ‘Constabulary (now the PNP). the National Bureau of

Yavestigation, any local police department,

tu recognized by the government zo conduct police training, Provided
further that renewal of license of ‘private detective, or detective ageucy

retaining is a

of renewal of license.

ay watehmanisecurity guard shall be every three
requirement for

shall also be required every (G) years iramediately prior to appli

(B) years and that
training
ition

renewal of ficense and such

Section 2 = Cash Bonds, Cash bonds are collected by ‘Agencies from their securin guard-
emgloyees to cover financial obligations they may have incurred during their employment in

the Agency

‘Goch Cash Bonds stall be deposited in government banks. The Agency shall


make fall disclosure on the amount collected including the interest earned by the Cash Bonds.
‘The Agency shall pay the contributors of the Cash Bonds @ yearly dividend equal to the
imerest earned by the contfibutions of the security guards‘watchmen. The Agency shall be
prohibited under penalty from using the Cash Bond contributions for business purposes that
will benefit only the Agertcy and its officers. Afler deducting whatever financial obligations
the security guard/watchman may have incurred, the remainder of his/her contribution: :0
Cash Bonds shall be reimbursed to him/her upon termination of service or retirement from
the Agency.

Section 3 - Compensation of security guardswatchmen. Section [5 of RA No. 5487
provides that che compensation of security guards/watchmen shall not be lower thin what is
prescribed by the Minimum Wage Law. To the contrary many security guards/waichmen aver
that they are receiving salaries way-below the minimum wage. The PNP shall make an
inventory of Agencies that do not comply with the Minimum Wage Law and submit a vearly
report to Congress. Penalties prescribed under the Minimums Wage Law against those that do
not coaform to it shall be instituted by the PNP.

‘The PNP shall also include in its inventory of Agencies those that are not paying the .3”
month pay and those that are not shall be obligated to do or suffer penalty under Section ~ of
this Act.

Section 4 — Penalty for Violating Section 2 and Section 3 of this Act. Any Agency found

i i Section 2 of this Act shall be fined minimum of Ten Thousand pesos
(P10,000) for first offense and cancellation of its License to Operate or an imprisonment of
its Executive Officer for not less than one (1) year or both, A second violation of Section 2
shall have a penalty of permanent cancellation of its License 10 Operate, a fine of One
Humdred Thousand pesos (P100,000) ot an imprisonment of 3 years or both.

Agencies found upon due investigation by the PNP that they are not paying the 13™ month
pay shall have their license to operate cancelled and forever barred from operating again In
addition they shall pay they employees whatever amount they have failed to pay.

Section 5 — Repenting Clause. All laws, decrees, orders, rules and regulations or porions
thereof, inconsistent with this Act are hereby repealed or modified accordingly.

Section 6 — Ths Act shall take effect 15 davs after its complete publication in Iwo
newspapers of general circulation

Approved


Republic of the Philippines
House of Representatives

COMMITTEE ON PUBLIC ORDER AND SAFETY

2 Floor, RV Mitta Buiging, Batasan Pambansa Complex. Consltution Mills, Quezon City
Teleshone & Fax numbers 932:52-17 (931-4072; Trunktne: 931-5004 local 7126

Fifteenth Congress
SECOND REGULAR SESSION

Minutes of Meeting of the Committee on Public Order and Safety Held on February 22, 2012 at
Conference Rooms 7 & 8 RV Mitra Building, House of Representatives, and Quezon City

GUESTS AND RESOURCE PERSONS:

Commissioner Eduardo Escueta ~ Vice Chairman. National Police Commission
(NAPOLCOM)
PiChief Supt. Jesus Gatchalian ~ Executive Director, Directorate for Plans, Philippine
National Police (PNP)
PiChief Supt. Calaguio Meneses — Director, Civil Security Group, PNP
PiChief Supt. Tomas G. Rentoy — Chief, Supervisory Office for Security and Investigation
Agencies (SOSIA}, PNP
Atty. Medardo Delamos- Assistant Director, National Bureau of Investigation (NEI)

AGENDA:
Deliberation on the following measures:

1) House Bill No. 3021, entitled, “An Act Amending Sections 5 and 6 of Republic Act
No. 5487, as Amended, Otherwise Known as the Private Security Agency Law’.
authored by Rep. Salvador H. Escudero Itt

2) House Bill No. 3453, entitled, “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’, authored by Rep. Emmeline Y. Aglipay:

3) House Bill No. 3713, enfitied, “An Act Amending Republic Act No. $487 ‘An Act to
Regulate the Organization and Operation of Private Detective, Watchmen of
Security Guards Agencies’, as Amended by Presidential Decree No. 11”, authored
by Rep. Mikey Macapagal Arroyo,

4) House Bill No. 3876, entitied, “An Act Amending Republic Act No. $487, Othenwise
Known as ‘An Act To Regulate the Organization and Operation of Private
Detective, Watchmen or Security Guard Agencies and for Other Purposes”.
authored by Reps. Angelo 8. Paimones and Catalina C, Bagasina,

5) House Bill No. 1725, entitled, ‘An Act Providing for the Philippine National Police
Modernization Program, and for Other Purposes’, authored by Rep. Rufus 8
Rodriguez;


6)

”

House Bill No. 4292, entitled, ‘An Act Modemizing the Crime Investigation Techniques
of Law Enforcement Agencies’, authored by Rep. Diosdado Macapagal-Arroyo: and

House Bill No, 4253, entitled, “An Act Renaming the Palawan Police Provincial Office
(Palawan PPO) to Camp Higinio Acosta Mendoza Sr.”, authored by Reps. V. Dennis M
Socrates, Antonio C. Alvarez and Ponciano D. Payuyo.

PRELIMINARY MATTERS
Call to Order/Roll Call

Chairman Pablo John F. Garcia called the meeting to order at 1:42 P.M. On
motions made and duly seconded and there being no ebjection, the calling of the roll and
the reading of the minutes of the previous meeting were dispensed. Same were
approved

The Chair then acknowledged the presence of the Vice-Chairmen. Members of
the committee and the resource persons.

Opening Remarks of the Chair

Chair Garcia informed the body of the day's agenda which are as follows: (a) bills
amending certain sections of Republic Act No. 5487, otherwise known as the “Private
Security Industry Act"; (b) bills pertaining to PNP modernization and modemization of
enme investigation techniques: and (c) local bill renaming the Palawan Police Provincial
Office (Palawan PPO) to Camp Higinio Acosta Mendoza

DELIBERATION ON THE BILLS AMENDING RA NO. 5487

Rep. Arroyo (M)) requested that the explanatory note of HB No. 3713 be adopted
as his sponsorship remarks.

Rep. Palmones, author of HB No. 3876, disclosed that one of the proposed
amendments of the bill, that which extends the validity of license of security guard from
two to three years, is already being implemented by the PNP.

As regards House Bill No. 3021 of Rep. Escudero who was unable to attend,
Rep. Antonino moved that the explanatory note be adopted as its sponsorship
remarks, ‘

Rep. Aglipay, author of HB No. 3453, explained the objectives of her bill, as
follows: (a) to professionalize the private security industry by intensifying the
requirements for training and professional certification of security practitioners: and (b) to
improve the efficiency of the secunty industry by introducing amendments that will
lessen bureaucratic jurisdiction with respect to licensing, operation and regulation of
private security agencies.

She enumerated some key provisions that identifies particular services that will
be covered and these includes the scope and responsibility of security guards. secunty
agencies and security consultancy services. She added that the bill reduces the
minimum requirement to 100 licensed security personnel under @ security agency's

2


employ for it to be able to operate while at the same time provides for more stringent
requirements in securing a license. A safeguard against the use of security agencies as
private armies was also included. Lastly, the bill empowers stakeholders such as the
Philippine Association of Detective and Protective Agency Operators (PADPAO) and
other security organizations to play an important role in making policies and decisions
that affect the security industry

P/Chief Supt. Meneses, Director of the Civil Security Group and P/Chief Supt
Rentoy Ill expressed support for the measures and submitted their position paper
containing amendments to the law . P/Chief Supt. Rentoy disclosed that PNP had
already issued a Memorandum Circular that took effect last June 15. 2011 which
extends the validity of License to Exercise Security Profession (LESP) from two years to
three years.

Vice Chair Antonino stated that RA 5487 does not require mandatory
membership in PADPAO for all security personnel. Chair Garcia then inquired if the
PNP had already revised its implementing rules and regulations (IRR) which impose
said requirement, He reiterated that the law does not require mandatory membership in
PADPAO and it would be “ultra vires” for the IRR to require it. The Chair added that
making membership in an organization mandatory is questionable for its
constitutionatity. P/Chief Supt. Rentoy lil concurred with the observations of both the
Chair and Vice Chair. He revealed that this requirement had been removed in the {atest
IRR that they submitted to the Chief, PNP. The Chair requested for a copy of the
revised IRR and directed the secretariat to fumish the members a copy thereof.

For the committee's information, Rep. Palmones divulged that there are other
security organizations that operate in the country aside from PADPAO. Chait Garcia
expressed confidence that even without the mandatory requirement for a security guard
to become 2 member of the PADPAO, the organization will survive because of the
benefits it provides te security agencies

Vice Chair Antonino inquired if the PNP consulted PADPAQ during the crafting of
the new IRR as required under Sec. 17 of the existing IRR. P/Chief Supt. Rentoy
replied in the affirmative. The Chair clarified that the law requires only that they be
consulted but it does not require their consent. In fact, they should net even be
involved in the consultation process. Vice Chair Antonino stressed that a private
organization fike PADPAO should not be singly favoured {o the detriment of other
organizations and P/Chief Supt. Rentoy replied that this requirement is no longer
contained in the revised IRR. Chair Garcia expressed his appreciation that the _ stand
of the committee on the issue had been addressed.

He then observed that certain provisions of HB No. 3453 made specific reference
fo the required participation of PADPAO in crafting the subsequent IRR in her bill and
inquired from Rep. Aglipay if she was amenable to the deletion of the word “PADPAG”
and have it replaced with the word “stakeholders”. Rep. Aglipay agreed.

On the part of Rep. Arroyo (M.), he immediately sought for the approval of his bill
in order to give permanent validity to the three-year effectivity period of the LESP. On
motion of Rep. Antonino and there being no objection, HB No. 3713 was approved by
the body

At this juncture, Vice Chair Antonino proposed that since there are no
contradicting provisions on HB No. 3201, 3453 and 3878, these bills be consolidated

3

i


to include the proposed amendments from the CSG. Instead of creating a Technical
Working Group (TWG). he requested the committee secretary to consolidate the
measures in consultation with the authors and the PNP. Rep. Palmones cancurred
with the Vice Chair's proposal, considering that the PNP and other stakeholders have
undergone a series of meetings and even formed a TWG to discuss the bills.

Rep. Antonino moved for the consolidation and approval, in principle. of HB
Nos. 3201, 3453 and 3876, including the proposed amendments from the CSG. There
being no objection, the motions were approved. The Chair directed the secretariat to
work closely with the authors and the CSG and to present the consolidated bill in the
next meeting for approval

DELIBRATION ON THE BILL RENAMING PALAWAN POLICE PROVINCIAL
OFFICE

Rep. Antonino informed the body that in behalf of Rep. Alvarez who is one of the
principal authors of HB No. 4353, he will adopt the explanatory note of the bill as its
sponsorship remarks.

On motion of Rep. Antonino, duly seconded, HB No. 4353 was approved by the
body.

On further motion of Rep. Antonino and there being no objection, all members
present during the meeting were made co-authors of the bills approved by the
committee.

DELIBERATION ON BILLS MODERNIZING THE PNP AND CRIME
INVESTIGATION TECHNIQUES

Asst. Dir. Delamos of NBi expressed support for the passage of HB Nos. 1725
and 4292 and moved for its consolidation. He, however, observed that Section 5()) of
HB No. 1725 on “Drug Abuse Suppression’ which seeks to broaden the jurisdiction of
the PNP, may run in conflict with the mandate of the Philippine Drug Enforcement
Agency (PDEA), the lead agency that fights illegal drugs.

Commissioner Escueta expressed their agency full support for the measures
and, thereafter, submitted their position paper. He added that the modemization bills
are both timely and relevant to the current reforms being undertaken by the PNP to
transform itself under its “Peace and Order Agenda for Transformation and upholding of
the Rule of Law’ or the PATROL PLAN 2030, and the “integrated Transformation
Program-Performance Governance System’ or ITP-PGS. He added that for the PNP to
be modernized and te ensure the accomplishment of its mandates, it should adopt the
following strategies and approaches: (a) review its basic rote in the PNP from one who
is a law enforcer to one who is a community leader; (b) revisit or retool the school
curricula, the police training programs, and the mandate of the police stations so that
these can contribute to the promotion and establishment of the expanded role of police
officer as community leader; (c) establish 2 system of coordination and cooperation
among the citizenry, local executives and the integrated law enforcement and public
safety agencies; (d) hamess the support and assistance of “force multipliers” existing in’
the communities for a more effective police service delivery; (e) integrate the financial
resources of various government agencies to support the efforts of the PNP; (f) adopts a

4


cutting-edge technologies and automated systems and procedures to ensure effective
integration and coordination; (g) position PNP as a partner for development of targeted
industries to enable them to generate more revenues for economic development ; (h)
complement, strengthen and moademize the NAPOLCOM to ensure that there is synergy
in the performance of the respective mandates of the institution; and (i) strengthen the
interrelation of the five (5) pillars of the Criminal Justice System. Commissioner Escueta
emphasized the need to avoid or minimize the political influence of local chief
executives in the choice of police officials in the areas of jurisdiction consistent with the
principle that the PNP shall be national in scope. He added that there is a necessity to
put premium and emphasis on the principle of command responsibility as an effective
Measure to instill discipline and ensure accountability by and between the subordinate
police officers and their respective subordinates.

Rep. Golez noted that the term “force multiplier’ is a military term used in
combat operations. He suggested using another term that will blend with the trust and
orientation of the PNP as defined in the Constitution and the PNP Law. He added that
the objective of the PNP is more on prevention and solution of crime and not for
destruction.

Rep. Antonino observed that the use of the term “force muttiplier * requires the
cooperation of police auxiliaries, barangay tanods and Barangay Peace Action Teams
(BPATs) who are political appointees and run contrary to the objective of the
organization to be free from political influence. While he sees no problem if the agency
cooperates or relies on others agencies or erganization, it is best to stand alone to
make their transformation efforts more effective.

Rep. Rodriguez (M) inquired on the present police to population ratio, Chief
‘Supt. Gatchalian replied that it is 1:700 which is far behind the ideal ratio of 1:500. Rep,
Rodriguez (M.) underscored existing problems in the recruitment process and
promotional examination in the PNP encouraged the PNP and NAPOLGOM to re
evaluate their policies on these issues. Owing to a shortage of new entrants, he
recommended the giving of testimonial eligibility to graduates of criminology in lieu of
the criminology board examination. He then requested NAPOLCOM to brief the
committee on the recruitment process and problems encountered in order to find
possible solutions thereby improving the police to population ratio to at least 1:600

Rep, Bataoil disclosed that he recently attended a forum in the PNP and among
those discussed was the recruitment process. He said that current standards for
recruitment are stringent and he cited the score cards used by the Directorate for
Personne! and Records Management. Under this procedure, preference is given to
those who {a) belong to the top 20% who passed the NAPOLCOM eligibility exam;
and (b) to those who obtained a general weighted average cof 85% based on the
Fesulls of the neuro-psychology, medical, physical, interview, and other examination. He:
added that the recruitment quota of 10,000 personnel per annum is distributed to the
47 regions of the country.

PiChief Supt. Meneses disclosed that the increase in quota to 10,000 for new
recruits occurred during the {ast three years of President Arroyo's term. Under the
present administration, the quota is 5000 for new recruits and 3000 for attrition. totalling
to 8000 positions.

Chair Garcia requested the PNP to provide the committee a copy of the historicat
data of their recruitment for the past five years in order to be able to have a better


understanding of the issue and provide measures that witl address the short fall of
personnel.

Rep. Antonino inquired how fees collected by the Firearms and Explosives
Division (FED) and the Supervisory Office for Security and Investigation Agencies
(SOSIA) are allocated. Rep. Acop replied that it is used as trust receipts for
Maintenance and Other Operating Expenses (MOQE) and capital outlay of the PNP. He
‘added that part of it is used as provident fund for scholarships and livelihood projects of
personnel and their dependents.

Rep. Antonino disclosed that in the case of the Bureau of Fire Protection (BFP},
certain percentage of fees collected are retained for their modernization program. He
urged the PNP to do the same.

Rep. Acop stated that part of the modemization program is organizational
development. At present, the PNP is not following its objective of economy and
efficiency by creating a new directorate, the Directorate for Integrated Police Operations
{DIPOs). Rep. Antonino revealed that during the 14" Congress, the committee
approved the PNP Reorganization Plan which provided for the creation of the DIPO. For
the 15° Congress, however, NAPOLCOM has yet to submit its new reorganization
plan. Nonetheless, the system for the creation of DIPOs has been put in place and
filled-up. He opined that it is better to. amend the provisions of RA 8551 than have the
PNP Reorganization Plan approved.

Rep. Acop said that one important component of the modemization program is
equipage. For the past five years. the amount of 10 Billion had been appropriated for
capability enhancement of the PNP, or 2 Billion per year, but this was not ublized in the
procurement of modem equipment. in 2008, the PNP requested the Department of
Budget and Management (DBM) to realign 1 Billion of ‘its funds to MOOE and in 2009,
the PNP used 2 Billion of its funds in questionable transactions. In 2010, 770 Million
was also re-aligned. He also disclosed that 420 Million was used by the PNP to repair
28 units of V-150 and voiced disbetief that the repair of each unit would cost 14 Million.
In 2002, the PNP procured office supplies amounting to 3 Billion and this rose to 12
Billion in 2009. As 2 stop-gap measure, DBM has now issued a directive authorizing
itself to procure supplies for PNP. He cautioned the agency to use its funds judiciously
in order to be able to fulfil its basic mandate.

Rep. Pangandaman (N.) raised some issues that affect the Autonomous Region
of Musiim Mindanao (ARMM). He lamented that new recruits and even policemen wh
have been in the service for a long time do not even have firearms. He said that
the focal government units (LGUs) who issue firearms to their policemen. He strongly
suggested that in the course of PNP's modernization program, the situation in Mindanao
be given due attention

V. ADJOURNMENT

There being no other matters to discuss, the Chair thanked the members and
guest for attending the meeting. On motion of Rep. Antonino, duly seconded by Rep
Bataoil, the meeting adjourned at 3:52 p.m



Prepared by:

ante data @ frgpA
ALELI LALAINE A. GUMPAL
Supervising Legislative Staff Officer II

Noted by:

ROSARIO B. SAHIJUAN
Committee Secretary