Title
Amendments on Temporary License to Operate Rules
Law
Pnp Memorandum Circular No. 1217, S. 2010
Decision Date
Dec 17, 2010
The PNP Memorandum Circular No. 1217 amends the licensing regulations for private security agencies, allowing for temporary licenses to be issued and extended based on compliance with personnel requirements, while establishing strict criteria for renewal and potential revocation for non-compliance.
A

Definition and Issuance of Temporary LTO

  • Temporary LTO is an initial and conditional license issued to new PSAs or PSAs holding regular LTOs but unable to meet minimum personnel or standards.
  • Purpose is to allow the PSA to attain at least 200 security personnel or comply with licensing standards before issuance/re-issuance of the regular LTO.

Extensions of Temporary LTO

  • Initial validity: 2 years.
  • First Extension (1 year): Granted if PSA shows increasing personnel and has at least 100 security personnel during validity or at time of application filing.
  • Second Extension (1 year): Granted if PSA shows further personnel increase, reaching at least 150 during validity or at filing.
  • Failure to meet these requirements at respective application times results in cancellation of Temporary LTO and issuance of Cease to Operate (CTO) order by Chief, SOSIA.

Upgrade to Regular LTO

  • After the second extension, the Temporary LTO may be upgraded to Regular LTO under Section 10(b), Rule IV of the 2003 IRR of RA 5487.
  • Failure to comply with regular licensing standards thereafter results in cancellation and issuance of CTO.

Special Provisions for LTOs Expiring in 2010

  • PSAs with Temporary LTOs expiring in 2010 may be granted extensions if not previously extended.
  • Maximum operation period as Temporary LTO holders is four years to meet the 200 personnel requirement.
  • Failure to meet this after four years results in loss of rights and capacity to operate or enter into contracts.

Restrictions on PSA Operators with Expired Temporary LTO

  • Operators with expired Temporary LTOs who fail to secure extension and/or receive cancellation/CTO orders are barred from obtaining another Temporary LTO.

Requirements for Extension Applications

  • Must submit written request stating reasons for extension.
  • Must provide updated documents including:
    • SSS/VAT payments and DOLE clearance
    • National registration and license fees, surety bond
    • Firearms Records Verification (FRV), Master List of Firearms or certification
    • Revised/amended Feasibility Study outlining steps to comply with licensing standards and achieve 200 personnel minimum

Fees and Penalties

  • Applicants for Temporary LTO extension must pay applicable fees and penalties equivalent to those for new or renewal Regular LTOs.

Validity of Existing Temporary LTOs

  • Temporary LTOs issued prior to the Circular's effectivity remain valid until their expiration unless revoked or cancelled sooner.

Grounds for Denial and Consequences of Falsification

  • Denial of extension applications for failure to show good cause or falsification of submitted documents.
  • Potential administrative, civil, and criminal liability under existing laws.

Monitoring and Processing of Extensions

  • SOSIA tasked with strict monitoring of compliance with undertakings by PSAs granted extension.
  • A Board within CSG-SOSIA will act on completed extension requests within 15 days.

Effect of PNP Inaction on Extension Applications

  • Failure of the PNP to act on extension/renewal applications within prescribed period does not automatically extend or renew LTO.
  • Emphasizes public safety concerns in regulatory activities.

General Validity of Licenses

  • All LTOs have a validity of two years unless sooner revoked or cancelled.
  • Temporary LTOs may be extended according to the stated provisions.

Effectivity of Circular

  • Effective 15 days after filing a copy at the University of the Philippines Law Center.
  • Compliance with Executive Order No. 292 (The Revised Administrative Code of 1987) Sections 3 and 4 of Chapter 2, Book VII.

Authorship

  • Issued by Police Director General and Chief of Philippine National Police, Atty. Raul M. Bacalzo, Ph.D., on December 17, 2010.

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