REPUBLIC ACT 5487 REVIEW

&ORIENTATION

RULE V

Any Filipino citizen may apply for License to Exercise Private Any Filipino citizen may apply for License to Exercise Private Security Profession to engage in the occupation, calling or employment Security Profession to engage in the occupation, calling or employment either as a Private Security Guard, Private Security Officer, Private either as a Private Security Guard, Private Security Officer, Private Detective and/or Private Security Consultant, after complying with both Detective and/or Private Security Consultant, after complying with both academic/scholastic and skills/training requirements subject to other academic/scholastic and skills/training requirements subject to other requirements prescribed herein under provisions.requirements prescribed herein under provisions.

Section 1 . Section 1 . Who may apply for License to Exercise Security Who may apply for License to Exercise Security Profession?Profession?

SECTION 3. SECTION 3. Qualifications a Private Security Guard. Qualifications a Private Security Guard. No No person shall be licensed as security guard unless he person shall be licensed as security guard unless he

possesses the following qualifications:possesses the following qualifications:

2. High school graduate;2. High school graduate;

3. Physically and mentally fit;3. Physically and mentally fit;

1. Filipino citizen;1. Filipino citizen;

4. Not less than eighteen (18) years of 4. Not less than eighteen (18) years of age nor more than fifty (50) years of age nor more than fifty (50) years of age (for new applicants and SGs in age (for new applicants and SGs in non-supervisory position); andnon-supervisory position); and

5. Has undergone a pre-licensing 5. Has undergone a pre-licensing training course or its equivalent.training course or its equivalent.

SECTION 7. SECTION 7. Exemptions from Basic Pre-Licensing Training.Exemptions from Basic Pre-Licensing Training.

a. Veterans and retired military/police personnel or those honorably discharged military/police personnel possessing all the qualifications mentioned in the preceding Section shall be exempted from pre-licensing training/seminar and academic/scholastic attainment which is a requirement for the initial issuance of License to exercise private security profession but shall not however be exempted from taking the refresher training courses or its equivalent.

b. Likewise, graduates of ROTC advance/CHDF (or its equivalent in the PNP) Training graduates shall be exempted from the required Basic-licensing Training/Seminar.

SECTION 15. Possession of License

a. All licensed private security personnel while in the exercise of their profession shall have in his body and possession his/her valid license to exercise private security profession together with the corresponding proof of payment of license fee.

b. The License issued shall be the proof of authority of the grantee to engage or exercise private security profession.

c. In no case shall the authority of the License be used in violation of laws.

RULE II SECTION 3. Expired License

Any private security personnel upon expiration of their respective license to exercise security profession are considered as NOT possessing license and shall be held criminality and administratively.

RULE VII : USE OF FIREARM

SECTION 3. Limitations in the carrying of firearms.

1. actual performance of duty.

2. In the prescribed uniform

3. In the place and time so specified in the DDO.

4. Shall be carried by the security personnel only within the compound of the establishment where he is assigned to guard except when the security personnel is escorting big amount of money or valuables on conduction duties outside its jurisdiction or area of operation, upon prior coordination with the nearest PNP units/stations, or when in hot pursuit of criminal offenders.

SECTION 5. Justification for confiscation of firearms.

1. When the firearm is about to be used in the commission of a crime;

2. When the firearm is actually being used in the commission of crime;

3. When the firearm has just been used in the commission of a crime

4. When the firearm being carried by the security guard is unlicensed or a firearm not authorized by law and regulation for his use;

5. When the confiscation of the firearm is directed by the order of the court;

6. When the firearm is used or carried outside the property, compound or establishment serviced by the agency without proper authority; or

7. When a security guard does not possess any license to exercise his profession

RULE VIII:

UNIFORM, EQUIPMENT & PARAPHERNALIA

SECTION 8. Basic Equipment.

The following shall comprise of the Basic Equipment of a security guard which shall be made mandatory and ready for his/her use while performing post, conduction, armored service duties and the like:

1. Prescribed Basic Uniform

2. Nightstick / baton

3. Whistle

4. Timepiece (synchronized)

5. Writing pen

6. Notebook and duty checklist

7. Flashlight7. Flashlight

8. First Aid Kit8. First Aid Kit

9. Service Firearm (As required)9. Service Firearm (As required)

SECTION 9. Other Equipment.

1. Handcuff1. Handcuff

2. Metal Detectors2. Metal Detectors

3. Communication Radio3. Communication Radio

4. Stun Guns4. Stun Guns

5. Armor Vest5. Armor Vest

6. Canine (K-9)6. Canine (K-9)

RULE XIII:

POWERS AND DUTIES

SECTION 2. Arrest by security guard. - A security guard, or private detective is not a police officer and is not, therefore, clothed with police authority. However, he may effect arrest under any of the following circumstances:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offence;

2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it; and

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another (Section 6, Rule 113, Rule of Court).

1. To take charge of the post and all company properties in view and protect/preserve the same with utmost diligence;

11 GENERAL ORDERS

2. To walk in an alert manner during my tour of duty and observing everything that takes place within sight or hearing;

3. To report all violations of regulations and orders I am instructed to enforce;

4. To relay all calls from posts more distant from the security house where I am stationed;

5. To quit my post only when properly relieved;

6. To receive, obey and pass on to the relieving guard all orders from company officers or officials, supervisors, post in charge or shift leaders;

7. To talk to one except in line of duty;

8. To sound or call the alarm in case of fire or disorder;

9. To call the superior officer in any case not covered by instructions;

10. To salute all company officials, superiors in the agency, ranking public officials and officers of Philippine National Police

11. To be especially watchful at night and during the time of challenging, to challenge all persons on or near my post and to allow no one to pass or loiter without proper authority.

RULE XV:

POST TO POST INSPECTION

PNP-SOSIA

COMPLETE UNIFORM

LETTER ORDER

VIOLATION TICKET REPORT

COMPLETE UNIFORM

SG/SO LICENSE

DUTY DETAIL ORDER

GENERAL PHYSICAL APPEARANCE

SG

RULE XVII:

ADMINISTRATIVE SANCTIONS

LIGHT OFFENSES

Use of profane languages

Acts of discourteous

Failure to notify PNP in case of dDisorder/riots/strikes, etc.

All acts prejudicial to good conduct,Behavior, morals and similar acts

PENALTIES

Suspension = 1 to 30 days, orFine = 100 to 500 pesos or both

SANCTIONS AGAINST LICENSED SECURITY PERSONNEL

LESS GRAVE OFFENSES

SG/SO/FA License, DDO not in possession

Use of uniform not appropriate for one’sRank or position

Leaving his post without properly relieved

Indiscriminate firing

PENALTIES

Suspension = 1 month & 1 days to 6 months, or

Fine = 500 to 1000 pesos or both

PENALTIES

Suspension = 6 months & 1 day to 1 yea, or

Fine = 10,000 to 500,000 pesos or both

And cancellation of license

GRAVE OFFENSES

Use of Unprescribe uniform

Using personally owned or unlicensed Firearm during tour of duty

Lending issued firearm to unauthorized

Persons

Assisting, abetting or protecting criminal

Elements during or off duty

Providing confidential information to

Unauthorized persons

Refusal to provide information to Authorized persons

Illegal search

Taking alcoholic beverages or being drunk while on duty

Abuse or acting beyond scope of authority

Misrepresentation in the submission of

Documents for license renewal

RULE XVIII:

DUTIES DURING STRIKES AND LOCKOUTS

SECURITY GUARDS

Shall not carry firearms

Shall avoid direct contact with strikers

Shall stay within the perimeter of theinstallation

Shall use only sufficient and reasonableForce necessary to overcome risk

Shall refrain from assisting acts of manage-ment leading to physical clash of forces

DET. COMMANDERS

Collect firearms of the guards

Maintain constant contact with theManagement

Account all firearms in a logbook

Advise the Management to request for PNP Security assistance

AT NO INSTANCES SHALL PRIVATE SECURITYPERSONNEL NEGOTIATE WITH STRIKERS

Question?Question?

Can any person’s may effect Can any person’s may effect arrest / apprehension?arrest / apprehension?

AnswerAnswer

““YES”YES”

Under the POWERS & DUTIES of SGs as Under the POWERS & DUTIES of SGs as enumerated in Rule IX of the Implementing Rules enumerated in Rule IX of the Implementing Rules and Regulations of RA 5487, stated;and Regulations of RA 5487, stated;

Any person (citizen arrest) may effect Any person (citizen arrest) may effect arrest / apprehension when the arrest / apprehension when the person to be arrested is actually person to be arrested is actually committing or about to commit an committing or about to commit an offense in his presence.offense in his presence.

What justifies a detention?What justifies a detention?

You may lawfully detain a You may lawfully detain a person if you have reasonable person if you have reasonable grounds to suspect that the grounds to suspect that the person is involved in an person is involved in an offence.offence.

Search and SeizureSearch and Seizure is a legal procedure used in many is a legal procedure used in many civil law

and and common law legal systems whereby legal systems whereby police or other authorities and their agents, or other authorities and their agents, who suspect that a who suspect that a crime has been has been committed, do a search of a person's committed, do a search of a person's property and confiscate any relevant property and confiscate any relevant evidence to the crime.evidence to the crime.

Restrictions on Private Security Restrictions on Private Security PersonnelPersonnel

Private security personnel currently outnumber police officers in the Private security personnel currently outnumber police officers in the country by three to one. As a result, whether you're shopping in a country by three to one. As a result, whether you're shopping in a supermarket or a pharmacy, working in an office building, or visiting supermarket or a pharmacy, working in an office building, or visiting a friend in a housing project, you may be more likely to be a friend in a housing project, you may be more likely to be confronted by a security guard than by a police officer. confronted by a security guard than by a police officer.

For example, assume that a shopping mall security guard acting on For example, assume that a shopping mall security guard acting on a pure hunch searches a teenager's backpack. Inside the backpack a pure hunch searches a teenager's backpack. Inside the backpack the guard finds a baggie containing an illegal drug. The guard can the guard finds a baggie containing an illegal drug. The guard can detain the teenager, call the police, and turn the drug over to a detain the teenager, call the police, and turn the drug over to a police officer. The drug is admissible in evidence, because the police officer. The drug is admissible in evidence, because the search was conducted by a private security guard. As private search was conducted by a private security guard. As private security guards increasingly exercise traditional police functions.security guards increasingly exercise traditional police functions.