Title
Supreme Court
PNP SOP on Security in Property Conflicts
Law
Pnp Standard Operating Procedure No. 007-08
Decision Date
Nov 11, 2008
A law providing guidelines and procedures for the deployment of security personnel to properties with conflicting claims, aiming to maintain peace and order, protect lives, and prevent the use of private security as a means of oppression or violence.

Law Summary

Background

  • Cases have been reported where private security guards are used by clients as private armies for enforcing claims resulting in violence, injuries, and deaths.
  • Security guards have sometimes been misused to harass civilians, opposing parties, or even local police presence.
  • Conflicts involving properties or establishments often lead parties to seek assistance from authorities.

Purpose

  • These guidelines regulate the conduct of security personnel deployed on properties with conflicting claims or ownership.
  • Aimed at preserving peace and order, protecting lives and property before, during, and after judicial or administrative actions.

Policies

  • Private security personnel shall protect lives and property, maintain peace and order, and assist local authorities in government stability.
  • Security personnel must not be used by clients as tools of oppression, violence, or acts against public order or national interest.

Scope of Application

  • Applicable to any property or establishment under a security services agreement (SSA) or similar contract with conflicting claims or administration.
  • Guides all private security agencies (PSAs) and guards in handling persons with interests or rights over such properties.

Definitions

  • Private Security Personnel: Includes security guards, private detectives, consultants, officers, or others performing security/detective services under RA 5487.
  • Order: A written command or direction by a court or judge directing actions in legal proceedings.
  • Quasi-judicial: Refers to administrative officers or bodies with powers to investigate facts, hold hearings, and exercise judicial discretion.
  • Sheriff: Court officer operating within jurisdiction to enforce judicial orders.
  • Writ: Written court order directing enforcement action by judicial officers.
  • Complainant: Person or entity aggrieved by another's act or omission.
  • Incumbent PSA: Security agency hired before legal issuance of conflicting orders.
  • New PSA: Security agency hired after issuance of legal orders.

Procedures

General Compliance

  • Security personnel must comply with relevant IRR provisions on professional conduct, utilization, powers and duties, reporting, and handling strikes.

Before Legal Actions or Orders

  • PSA officers must ensure personnel understand applicable rules.
  • The incumbent PSA must notify the Chief of Police's SAGSD immediately upon awareness of conflicts.
  • Complaints between security agencies are referred to PAD PAO for arbitration; settlements must be documented and signed.
  • No PSA contracts shall be entered into on conflicted properties without jurisdictional police, court or administrative clearances.
  • SSAs must include clauses for automatic termination if conflicting claims arise.
  • Incumbent PSAs maintain the status quo, continue obligations to recognized clients, and must not unilaterally exclude parties without court orders.
  • Additional security personnel beyond contract limits are prohibited.
  • High-powered firearms issued to guards must be recalled and secured.
  • PSAs must avoid placing employees/residents at risk amid disputes.

During Implementation of Legal Orders

  • Incumbent and new PSAs to maintain communication channels.
  • New PSAs may only deploy guards for legal orders upon written request by Sheriffs and approval by relevant Chief of Police.
  • Security personnel must be properly uniformed, licensed, and unarmed with high-powered firearms during deployments.
  • PSAs must handle peace and order issues proactively, minimizing police intervention where possible.
  • PSAs should be neutral, cooperating with caretakers/administrators for equitable access.
  • Security personnel are not to engage in demolition or recovery but only to protect against theft or damage.
  • Escort guards must be provided for authorities involved in conflict resolution.

After Implementation of Legal Orders

  • SAGSD may conduct inspections anytime during conflict.
  • Both incumbent and new PSAs assist with peaceful turnover of property to rightful parties as ordered by competent authority.

Sanctions for Violations

  • First Offense: Fine of PHP 50,000 for PSAs; 6-month suspension for security personnel.
  • Second Offense: Fine of PHP 100,000 for PSAs; 1-year suspension for security personnel.
  • Third Offense: Cancellation or revocation of PSA license or individual security license.
  • Criminal prosecution may be pursued in addition to administrative sanctions.

Effectivity

  • The standard operating procedures take effect 15 days after publication in two nationwide newspapers.
  • Officially adopted on November 11, 2008, by the Chief of the Philippine National Police.

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