Law Summary
Recognition of Private Security Industry Growth and Economic Impact
- Acknowledges significant increase in security guards from 36,000 in 1970 to approximately 145,000.
- Notes annual revenue generation of P1.75 billion based on average guard salary.
- Highlights the industry's role as a livelihood source for around 1 million people.
Modification of Penalties Imposed by Chief of Constabulary
- Previously, only suspension or cancellation of licenses was allowed for violations.
- Recognizes these penalties as potentially excessive, causing business losses and layoffs.
- Introduces administrative fines as alternative punishments based on the severity of offenses.
- Allows continued operation of agencies/company guard forces unless severe violations occur.
Clarification and Redefinition of Security Guard Categories
- Defines three categories of security guards:
- Private security guards (employed by private security agencies)
- Company guards (employed by private firms’ guard forces)
- Government guards (employed by government entities)
Section 1: Specific Definitions of Security Guards
- Amends Section 3(d) of RA 5487 to specifically refer to private security guard, company guard, and government guard.
Section 2: Penalties and Administrative Sanctions
- Amends Section 18 to specify that the Chief of Constabulary or authorized representative may impose:
- Suspension or cancellation of private security guard licenses.
- For private security agencies or company guard forces, only administrative fines or license cancellation may be imposed.
- Criminal prosecution remains a possibility independent of administrative penalties.
Section 3: Exemption for Government Entities
- Amends Section 8 providing that national government agencies, instrumentalities, and government-owned or controlled corporations are exempt from securing licenses for their employees acting as watchmen/security guards.
- These employees are exempt from paying fees and filing bonds required under the law.
Section 4: Minimum Membership Requirements for Licensing
- Amends Section 16 to impose minimum employee requirements for licensing:
- At least 200 licensed private security guards for private security agencies.
- At least 30 company guards for company guard forces.
- Caps the maximum number of guards an agency or company guard force (including branches) may employ at 1,000.
- These requirements take effect by March 31, 1985.
Overall Legal Purpose and Effect
- Ensures regulatory balance between enforcing discipline and sustaining private security business viability.
- Affords private security firms the opportunity to operate with administrative flexibility.
- Clarifies the legal status and classification of security personnel according to employment sector.