DECLARATION OF POLICY

RULE I

DECLARATION OF POLICY

SECTION 1. Scope. The organization, operation, business and activities of private

watchman/security or detective agencies, security training institutions/systems as well as

private security and training personnel shall be governed by these Rules and

Regulations implementing Republic Act 5487, as amended.

SECTION 2. License Necessary.

a. No person shall engage in the business of or act as a private detective

agency or engage in the occupation, calling or employment of security personnel or in

the business of private security/training agency without first having obtained the permit

from the Chief of the Philippine National Police which permit as approved is prerequisite

in obtaining a license certificate.

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.

SECTION 3. Training Required. All applicants for license certificate shall have

received the appropriate training from any public or private training institution/system

duly recognized by the government to conduct private security or police training.

SECTION 4. Prohibitions. No License certificate shall be granted to any applicant for

license to operate or license to exercise security profession with the following

disqualifications:

a. having previous record of any conviction of any crime

b. having previous record of any conviction of any offense involving moral

turpitude

c. having been dishonorably discharged or separated from employment or

service

d. being a mental incompetent

e. being a user/addicted to the use of prohibited drugs or narcotics

f. being a habitual drunkard

g. dummy of a foreigner

RULE II

PENAL PROVISION

SECTION 1. Without prejudice to the imposition of criminal sanctions, any violation of

Republic Act 5487, as amended or its rule or regulation, by license grantees likewise

pursuant thereof, shall be punished by suspension, or fine, or cancellation of his or its

license to operate, conduct, direct or manage a private detective, watchman or security

guard agency and all its members, or penalized pursuant to provisions herein under,

and/or with the forfeiture of its bond filed with the Philippine National Police, at the

discretion of the Chief. PNP.

2

SECTION 2.

a. Any person not covered by Section 1, Rule II above who commits any act in

violation of Republic Act 5487 as amended and its implementing rules and regulations

shall, on conviction 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 the Court

may direct.

b. If the violation is committed by those persons mentioned in Section 3b, Rule

IV herein under, the penalty shall be imprisonment ranging from one to four years and a

fine ranging from one to four thousand pesos at the discretion of the Court.

SECTION 3. Expired License. For purposes of enforcing sanctions, any private

security, watchman or company guard force agency or private security or training

personnel upon expiration of their respective license to operate or license to exercise

security profession are considered as not possessing license and shall be held criminally

and administratively liable.

RULE III

DEFINITION OF TERMS

SECTION 1. Definition – For purposes of and when used in these rules and regulations,

the following terms shall be construed in the sense indicated herein unless the context of

a particular section clearly indicates that a different sense is intended:

a. Person – shall include not only natural but also juridical persons such as

single proprietorships, partnerships, corporations, companies or

associations, 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 act of providing or rendering

services to watch an establishment whether public or private, building,

compound/area or property, to conduct access control/denial in any form

whether physically, manually or scientifically by electronic monitoring

systems, for the purpose of securing such area/property and at the same

time ensuring safety and protection of persons within such areas, to maintain

peace and order within such areas, to conduct private security training,

and/or to conduct investigation. It shall also include the act of contracting,

recruiting, training, furnishing or posting any security guard, to do its

functions or solicit individuals, businesses, firms, or private, public or

government-owned or controlled corporations to engage his/its service or

those of his/its security guards, for hire, commission or compensation thru

subscription or as a consultant/trainer to any private or public corporation.

c. Private Detective Services – shall include among others the act of providing

personal security protection, inquiry and information gathering, preemployment

verification and individual background profiling, providing

assistance in civil liability and personal injury cases, insurance claims and

fraud, child custody and protection cases, for the purpose of assisting in

3

gathering information leading to determination and/or prevention of criminal

acts and/or resolution of legal, financial and personal problems.

d. Private Security Industry – shall cover those in the legitimate business of

providing private security and detective services.

e. Private Security Guard (SG) – sometimes called private security guard or

watchman shall include any person who offers or renders personal service to

watch or secure either a residence, business establishment, or buildings,

compounds, areas, or property, inspects/monitors bodily checks/searches

individuals and/or baggage and other forms of security inspection, physically/

manually or scientifically electronic, including but not limited to, logging

concessions and agricultural, mining or pasture lands, transportation, for hire

or compensation , or as an employee thereof, including any employee of the

national or local governments or agencies or instrumentality’s thereof and or

government owned or controlled firm or corporations who is employed to

watch or secure government buildings, compounds, premises and other

properties, other than members of the Armed Forces of the Philippines,

guards of the Bureau of Jail management and Penology, Municipal or City

jail guards, and members of the Philippine National Police or of any other law

enforcement agency of the Government.

f. Private Detective (PD) – shall mean any person who does detective work for

hire, reward or commission, other than members of the Armed Forces of the

Philippines, guards of the Bureau of Jail Management and Penology,

municipal or city jail guards, and members of the Philippine National Police

or of any other law enforcement agency of the government.

g. Private Security Personnel – shall be natural persons which include private

security guards, private detectives, security consultants, security officers and

others that may be classified later, rendering/performing security and/or

detective services as employed by private security agencies and/or private

firms.

h. Government Security Personnel – shall be natural persons which include

government security guards, detectives, security consultants, security

officers and others that may be classified later, except those of the Armed

Forces of the Philippines, Philippine National Police, Bureau of Jail

Management and Penology, Municipal or City Jail guards

rendering/performing security and/or detective services as employed by

government entities.

i. Private Security Agency (PSA) – shall mean any person association,

partnership, firm or private corporation, who contracts, recruits, trains,

furnishes or posts any security guard, to perform its functions or solicit

individuals, businesses, firms, or private, public or government-owned or

controlled corporations to engage his/its service or those of his/its security

guards, for hire, commission or compensation thru subscription or as a

consultant/trainer to any private or public corporation whose business or

transactions involve national security or interest like the operation and/or

management of domestic or ocean vessels, airplanes, helicopters, seaports,

4

airports heliports, landing strips etc., or as consultant on any security related

matter, or to provide highly specialized security, detective and investigation

services like gangway security, catering security, passenger profiling,

baggage examination, providing security on board vessels or aircraft, or

other security needs that PNP SAGSD may approve.

j. Private Detective Agency (PDA) – shall mean any person association,

partnership, firm or private corporation, who contracts, recruits, trains,

furnishes or posts any private detective, to perform its functions or solicit

individuals, businesses, firms, or private, public or government-owned or

controlled corporations to engage his/its service or those of his/its detectives,

for hire, commission or compensation thru subscription or as a

consultant/trainer to any private or public corporation or as consultant on any

detective related matter, or to provide highly specialized detective and

investigation services, or other detective needs that SAGSD-CSG may

approve.

k. License to Exercise Profession – shall mean any document issued by the

Chief, Philippine National Police or his duly authorized representative

recognizing a person to be qualified to perform his duties as private security

or training personnel.

l. License to Operate (LTO) – is a License Certificate document, issued by the

Chief, Philippine National Police or his duly authorized representative,

authorizing a person to engage in employing security guard or detective, or a

juridical person to establish, engage, direct, manage or operate an individual

or a private detective agency or private security agency/company security

force after payment of the prescribed dues or fees as provided in these

Rules and Regulations.

m. Company Guard Force (CGF) – a security force maintained and operated by

any private company/corporation utilizing any of its employees to watch,

secure or guard its business establishment premises, compound or

properties.

n. Government Guard Unit (GGU) – a security unit maintained and operated by

any government entity other than military or police, which is established and

maintained for the purpose of securing the office or compound and/or

extension of such government entity.

o. PNP as used herein shall mean the Philippine National Police, which was

organized pursuant to the provision of RA 6975 otherwise known as the

National Police Act of 1991.

p. SAGSD as used herein shall refer to the current PNP Civil Security Group

Security Agency and Guard Supervision Division or any other PNP Office

that may be designated later as the primary office for supervision of the

implementation of these rules and regulations.

5

q. PADPAO refers to the Philippines Association of Detective and Protective

Agency Operators, Inc., which is an association of all licensed security

agencies and company security forces.

r. Duty Detail Order is a written order/schedule issued by a superior officer

usually the private security agency/branch manager or operations officer

assigning the performance of private security/detective services duties.