SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
733 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section I provides: 
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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. 
Public officers should lead modest lives. Most public officials do not need private 
security guards. In most cases, there is no serious threat to their lives, and having security guards 
have turned into a status symbol. 
Further, public funds must only be spent for an authorized public purpose. Hence, public 
officers should be prohibited from charging to the government the salaries of their personal or 
private security guards. l 
I This bill was originally filed during the Fourteenth Congress, First Regular Session. 
I 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE -
S. No. 
733 
Introduced by Senator Miriam Defensor Santiago 
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JUL 15 P 4 :21 
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PROHIBITING PUBLIC OFFICERS AND THEIR FAMILIES FROM 
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CHARGING TO THE GOVERNMENT THE SALARIES OF THEIR PERSONAL 
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PRIVATE SECURITY GUARDS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Declaration of Policy. - In line with the mandate of the Constitution 
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that public officers must lead modest lives and the principle that public funds must be 
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expended for an authorized public purpose, this Act seeks to curb the practice among public 
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officers of charging to the government the salaries of their personal/private security guards. 
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SECTION 2. Definition o/Terms. -As used in this Act, the term-
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(A) 
"Public officer" includes elective and appointive officials and employees, 
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permanent or temporary, whether in the classified or unclassified or exempt service 
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receiving compensation, even nominal, from the government as defined in the subsequent 
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paragraph. 
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(B) 
"Government" includes the national government, the local government, the 
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government-owned and government-controlled corporations, and all other instrumentalities 
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or agencies of the Republic of the Philippines and their branches. 
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(C) 
"Private personal security guard" includes' a person or group of persons, 
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usually but not necessarily armed, not otherwise a member of the Philippine National Police 
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or Armed Forces of the Philippines nor assigned to the public officer/employee under 
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existing statutes. 
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(D) 
"Family of public officers/employees" includes the spouse or mistress, 
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children whether legitimate or illegitimate, parents, brothers and sisters of the public officer 
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or employee. 
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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 
goverrnnent, whether national or local, and which are intended for public purpose. 
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(G) 
"Person" includes natural and juridical person, unless the context indicates 
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otherwise. 
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(H) 
"Receiving the services of personal or private security guards" includes the 
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act of public officers or employees of accepting directly or indirectly the services of private 
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or personal security guards offered by any person, entity, agency or corporation which has 
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pending or future contract or transaction, wherein the public officer in his official capacity 
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has to intervene under the law. 
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SECTION 3. Exceptions. - Without prejudice to the provisions of Executive Order 
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No. 41 (Promulgating Rules and Regulations Governing the Detail or Assignment of 
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Military Personnel to Civilian Officers and Official), and Circular Number 2, dated 12 
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March 2003, issued by the Department of National Defense (Re: Detail of Military 
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Personnel Outside the AFP), only the following public officers and their respective 
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immediate legal family, as defined under Section 2 of this Act, shall be entitled to such 
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number of private or personal security guards as these public officers may deem sufficient 
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and shall be excluded from the coverage of this Act: 
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(A) 
President ofthe Philippines; 
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(B) 
Vice-President of the Philippines; 
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(C) 
Supreme Court Chief Justice; 
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(D) 
Senate President; and 
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(E) 
Speaker of the House of Representatives. 
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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. 
(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 (I) year, suspension from public office or 
employment for one (I) 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 
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family shaH, aside from incurring the appropriate penalty under the Penal Code, suffer 
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imprisonment for not less than six (6) months and not more than one (I) year. 
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SECTION 6. Competent Court. -
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(A) 
For public officer or employee with salary grade of 27 and higher, all 
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prosecutions under this Act shall be within the original jurisdiction of the Sandiganbuyan 
(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 or 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. Effictivity Clause. - This Act shall take effect fifteen (15) days from 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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