QuestionsQuestions (Republic Act No. 5487)
RA 5487 is entitled the “Private Security Agency Law.” It governs the organization, operation, business, and activities of private detective, watchmen, or security guard agencies.
“Person” includes both natural persons and juridical persons such as corporations, partnerships, companies, or associations duly registered with the SEC and/or Bureau of Commerce.
A “private detective agency” is any person who for hire or reward/commission conducts or holds himself out as conducting detective work or a detective service. A “private detective” is a person who is not a member of the regular police agency or the AFP but does detective work for hire/reward/commission.
“Watchmen” are persons offering or rendering personal services to watch residential/business premises for hire or compensation through subscription. “Watchmen or security agency” includes persons/entities that recruit, train, muster, furnish, and solicit individuals or firms to engage those services or that otherwise conduct or hold out as conducting such a watchman/security service.
A Filipino citizen, or a corporation/partnership/association 100% owned and controlled by Filipino citizens may organize an agency. The operator/manager must be at least 23 years old, a high school graduate, of good moral character, with no prior conviction involving moral turpitude, and not disqualified under specified grounds (e.g., dishonorable discharge, mental incompetence, narcotic addiction, habitual drunkenness).
They may not hold any interest, directly or indirectly, in any security guard, watchman, or private detective agency if they may be called upon to act for the implementation/enforcement of the Act through their official functions.
Must be a Filipino citizen; high school graduate; physically and mentally fit; age not less than 21 nor more than 50; at least 5’4” in height; and not suffer disqualifications in Section 4. Persons already employed prior to approval are exempt from the listed requirements. Veterans get priority. Those convicted of a crime involving moral turpitude may not be employed.
Existing agencies had one (1) year from approval to secure the required license. They had to certify under oath that their personnel received appropriate training from the Philippine Constabulary, NBI, local police, or any recognized institution conducting police training.
The application must state the applicant’s full name, age, civil status, residence, and business location. If a corporation/association/partnership, it must include a copy of SEC registration, by-laws, and articles of incorporation (and Bureau of Commerce requirements per the text).
Fees include a national license fee of P100 per annum; municipal license fee depending on the city/municipality (P50 per annum in a city; P25 per annum in a municipality), plus an Internal Revenue Tax of P100 per annum in lieu of percentage taxes for the agency. The bond is issued by an accredited surety/fidelity/insurance company in an amount not less than P5,000 nor more than P10,000, at the discretion of the Chief of the Philippine Constabulary, and answers for valid legal claims against the agency by clients or employees.
Yes. Under Section 9, persons operating/managing/directing a licensed agency are considered licensed too, and no person shall be employed/used in private detective work unless licensed. However, the law does not require detective license for persons employed solely for clerical or manual work.
The license must be displayed at all times in a conspicuous and suitable place in the agency office/headquarters and must be exhibited upon request by persons whose jurisdiction relates to the business, by the Chief/authorized representative, or by any peace officer.
The Philippine Constabulary provides general supervision over all private detective/watchman/security agencies. During emergencies/disasters, the City or Municipal Mayor, as Director of Civil Defense, may muster/incorporate the nearest licensed agencies’ services/personnel; deputized personnel take direct orders from the Chief of Police during emergencies.
They may possess firearms after meeting requirements of the Chief of the Philippine Constabulary for calibers not higher than .45 and a number not exceeding one firearm for every two watchmen/security guards. Additionally, not more than one riot gun or shotgun may be possessed to meet security needs. Firearms may be carried only during tour of duty in proper uniform within the establishment compound, except when escorting big amounts of cash/valuables.
Membership limits depend on location (Manila/suburbs: max 1,000; other cities/first-class municipalities: max 500; other municipalities: max 200). No person/entity may organize more than one agency in any one city/municipality. The agency must not offer/render/accept services to gambling dens or other illegal enterprises, and its service must generally be limited to the whole compound/property of the client requesting security except when escorting big amounts of cash.
Violations may result in suspension, fine not exceeding P200, cancellation of licenses to operate/conduct/direct/manage the agency and forfeiture of bond, at the court’s discretion. If committed by the persons mentioned in Section 4(2) (government officials/employees referred to therein), the penalty includes imprisonment of one to four years and fine of P1,000 to P4,000 (as written: “one to four thousand pesos”) at the court’s discretion.