Question & AnswerQ&A (SAGSD MEMORANDUM CIRCULAR NO. 2008-001)
These rules apply to all administrative cases filed before SAGSD and Regional FESAGS against security and training personnel, security agencies, and training institutions for acts or omissions in violation of RA 5487 and its implementing rules and regulations.
The investigation and hearing under these rules are summary in nature and shall not strictly adhere to the technical rules of procedure and evidence applicable in judicial proceedings.
Security Personnel refers to private security guards, security officers, private detectives, protection agents, security consultants rendering or performing security or detective services as employed by private security agencies and/or private firms.
A Formal Charge is a complaint initiated before the regulatory office after finding the existence of a prima facie case.
Complaints shall be filed with the Complaint and Investigation Section, SAGSD, CSG for acts or omissions committed in the National Capital Region. For other regions, complaints shall be filed with the Regional FESAGS having territorial jurisdiction where the acts or omissions were committed. The complainant may also file the complaint before the PNP regulatory office where they work or reside or where the respondent's principal office is located.
All complaints of security agencies against another or security guards against a security agency shall first be filed with PADPAO offices for mediation/arbitration. PADPAO must resolve the case within thirty (30) days. Complaints cannot be filed directly with SAGSD or Regional FESAGS unless mediation failed or under specific conditions like death, injury, or conflict of interest.
A complaint must contain: full name and address of the complainant; full name, address, position, and office of employment of the respondent; specification of charges; and a narration of relevant and material facts showing the act/omission constituting the offense.
Failure to file an answer within the reglementary period is considered a general denial of the charges.
Even if the respondent admits culpability, the hearing shall proceed to determine the degree of responsibility and the appropriate penalty to be imposed.
The order of summary hearing includes: presentation of evidence by complainant; presentation of evidence by respondent; use of sworn statements/affidavits in lieu of oral testimony except for subpoenaed witnesses; clarificatory questions limited to material matters; and possible submission of position papers within ten days from termination of hearing.
The hearing officer has thirty (30) days from the date the case is submitted for resolution to submit the resolution for approval.
An appeal must be filed within ten (10) days from receipt of the decision with the Chief, SAGSD, CSG or Chief, ROPD, with a notice of appeal and memorandum detailing errors of fact or law. The appellate body then decides the appeal within thirty (30) days after receiving the complete records.
Motions for reconsideration may be filed on grounds of newly discovered evidence or errors of law or irregularities prejudicial to the movant's substantial rights.
The pendency of a case involving a grave offense is ground for suspension of documentary processing of the License To Operate of the respondent agency, accreditation for training institutions, and license to exercise profession for security and training personnel.
Failure or refusal to appear for two consecutive hearings despite due notice is sufficient ground to drop the complaint for failure to prosecute where the respondent's culpability cannot be established without the complainant's testimony.