Question & AnswerQ&A (Republic Act No. 5487)
The short title is 'The Private Security Agency Law'.
It regulates the organization, operation, business, and activities of private detective, watchmen, or security guard agencies.
A 'person' includes natural persons as well as juridical persons such as corporations, partnerships, companies, or associations duly registered with the Securities and Exchange Commission and/or the Bureau of Commerce.
Any Filipino citizen, or a corporation, partnership, or association one hundred percent owned and controlled by Filipino citizens may organize such an agency, provided the operator or manager meets certain qualifications.
They must be at least 23 years old, a high school graduate, of good moral character, with no criminal record involving moral turpitude, not dishonorably discharged from the Armed Forces, mentally competent, not addicted to narcotics, and not a habitual drunkard.
They must be Filipino citizens, high school graduates, physically and mentally fit, aged 21 to 50, at least 5 feet 4 inches tall, and not suffering from disqualifications such as criminal convictions involving moral turpitude.
Yes, a license must be obtained from the Chief, Philippine Constabulary before engaging in business as a private detective, detective agency, or watchman/security guard agency.
Fees include a national license fee of 100 pesos per annum, municipal license fees (50 pesos in cities, 25 pesos in municipalities), a fixed internal revenue tax of 100 pesos per annum, mayor's permit and health or sanitary fees, and a 1 peso fee for the license appointment signature and seal.
They must post a bond from a reputable surety or insurance company accredited by the Insurance Commissioner, in the amount of not less than 5,000 pesos and not more than 10,000 pesos, as decided by the Chief, Philippine Constabulary.
The Philippine Constabulary exercises general supervision over their operation.
Elective or appointive government officials and employees involved in enforcement of the Act may not hold any direct or indirect interest in security guard, watchman, or private detective agencies.
In emergencies, disasters, or calamities, city or municipal mayors may muster or incorporate the services of licensed personnel of such agencies to maintain peace and order and preserve life and property.
Agencies may possess firearms of not higher than .45 caliber, with one firearm per two guards, and not more than one riot gun or shotgun. Firearms may be carried only during duty hours in uniform within the establishment’s compound, except when escorting large amounts of valuables.
The uniform and related paraphernalia must be distinct and prescribed by the Chief, Philippine Constabulary, to differentiate them from the Armed Forces of the Philippines, City and Municipal Police Force.
They must receive a salary no lower than that prescribed by the Minimum Wage Law.
In Manila and suburbs, agencies may not employ more than 1,000 guards; in other cities and first class municipalities, not more than 500; in other municipalities, not more than 200. Also, no person or entity may organize more than one agency in the same city or municipality.
Security agencies shall not offer, render or accept services to gambling dens or other illegal enterprises and their security service is limited to the property of the client except when escorting large amounts of cash.
Penalties include suspension, fines up to P200.00, cancellation of licenses, and forfeiture of bonds. If committed by certain government officials/employees, imprisonment from 1 to 4 years and fines from P1,000 to P4,000 may be imposed.
It took effect upon its approval on June 21, 1969.