Eligibility Requirements to Organize a Security Agency
- Only Filipino citizens or 100% Filipino-owned corporations, partnerships, or associations with a minimum capital of PHP 5,000 can organize security agencies.
- Restricts any person from owning or having interest in more than one agency, except pre-existing ones.
- The operator or manager must:
- Be at least 25 years old.
- Be a college graduate and/or an inactive commissioned Armed Forces officer.
- Have good moral character with no prior conviction of crimes involving moral turpitude.
- Not be dishonorably discharged from the Armed Forces.
- Not be mentally incompetent.
- Not be addicted to narcotics.
- Not be a habitual drunkard.
- Elective or appointive government employees involved in enforcement and their relatives within the third civil degree cannot have interest in any agency.
Regulatory Powers of the Chief of Constabulary
- Grants the Chief of Constabulary authority to suspend or cancel licenses of private watchmen, security guards, or their agencies for violations of the law or its implementing rules.
Penalties for Violations
- Violators of Republic Act No. 5487, this Decree, or related implementing rules are punishable by:
- Imprisonment of 10 to 15 years.
- A fine ranging from PHP 10,000 to PHP 15,000.
- Punishment decided by military courts, tribunals, or commissions.
Implementation and Enforcement
- The Chief of Constabulary is tasked to promulgate necessary rules and regulations to enforce the provisions of this Decree effectively.
Legislative Context and Purpose
- Amendment addresses gaps in the original Private Security Agency Law by:
- Covering a broader category of armed security personnel.
- Instituting safeguards against personal interests influencing license issuance.
- Enhancing regulatory oversight by the Philippine Constabulary.
- Providing stiffer penalties as deterrence to violations.
- Aimed at strengthening law enforcement and maintaining peace and order nationwide.