Policy and purpose
- Private security personnel must always protect all lives and properties on the assigned property/establishment.
- Private security personnel must preserve and maintain peace and order on the assigned property/establishment.
- Private security personnel must assist local authorities in securing the stability of the government.
- Clients must not use private security personnel, in any manner whatsoever, as a tool for oppression, violence, or any act against public order and/or inimical to national interest.
- The SOP prescribes guidelines for the conduct of activities of security personnel in properties/establishments of clients under an existing security services agreement (SSA) or any other arrangement where there are conflicting claims on ownership, management, administration, or similar interests.
- The SOP is designed to preserve peace and order and protect lives before, during, and after judicial, quasi-judicial, or administrative actions, or after issuance of appropriate legal orders.
Coverage and application
- The SOP applies to any property or establishment of a client of a private security agency (PSA) under an SSA, security contract, or any other arrangement.
- The SOP applies where there are conflicting claims, ownership, management, or administration of the property/establishment.
- The SOP governs how all security agencies and their guards must deal with persons having interest in, rights to enjoy, or possess over the affected properties/establishments.
Key definitions and parties
- “Private security personnel” refers to natural persons, including private security guards, private detectives, security consultants, security officers, and others later classified, rendering security and/or detective services as employed by private security agencies and/or private firms (Section 1g, IRR of Republic Act No. 5487).
- “Order” means a mandate, precept, command, or direction authoritatively given; it includes a direction of a court or judge made or entered in writing and not included in the judgment, determining some point or directing some step in the proceeding (Black’s Law Dictionary, Sixth Edition).
- “Quasi-judicial” refers to actions or discretion of public administrative officers or bodies required to investigate facts, ascertain existence of facts, hold hearings, weigh evidence, and draw conclusions as a basis for official action and an exercise of discretion of a judicial nature.
- “Sheriff” refers to a court officer who exercises or can exercise functions within the limits of jurisdiction (Philippine Law Dictionary, Third Edition).
- “Writ” is a written court order or judicial process directing a sheriff or other judicial officer to do what is commanded, or giving authority and commission to have it done (Black’s Law Dictionary, Sixth Edition).
- “Complainant” is a natural or juridical person aggrieved or injured as a result of an act or omission of another person.
- “Incumbent PSA” is the security agency currently hired/posted prior to issuance of the Order.
- “New PSA/Subsequent PSA” is the security agency hired/contracted after issuance of an Order from the court, quasi-judicial agencies, or administrative bodies.
General conduct and pre-order requirements
- Private security personnel must comply with Rule X (Professional Conduct and Ethics), Rule XII (Utilization of Private Security Agencies and Personnel), Rule XIII (Powers and Duties), Rule XIV (Reports and Records), and Rule XVIII (Duties during Strikes and Lockouts) under the IRR of Republic Act No. 5487, as amended.
- Authorized PSA officers/owners must ensure their security personnel are cognizant of the above IRR rules.
- The incumbent PSA must inform the Chief, SAGSD about the existence of any conflicting claim, ownership, management, or administration that may result in a violent incident, using the fastest available means of communication.
- If a security agency files a complaint with SAGSD due to an existing conflict, the complaint must be referred to PAD PAO for arbitration and adjudication.
- Any settlement between the parties must be in writing, signed by the parties, and attested by the President of PAD PAO.
- Regional PAD PAO offices must take cognizance of cases with similar circumstances within their areas of jurisdiction.
- A complaint must be referred back to SAGSD only if no conciliation or settlement is reached; in that case, PAD PAO must issue a certification citing the result.
- Complaints filed before SAGSD must be accompanied by a certification issued by PAD PAO before an investigation proceeds.
- Before formal investigation, SAGSD, as it may deem necessary, must initiate a body composed of representatives from concerned government agencies, PAD PAO, security agencies, and contending parties to resolve peace-and-order issues affecting the property/establishment and/or its personnel, employees, and residents.
- The resolving body may formulate its own rule specific to the conflict, consistent with Republic Act No. 5487 and other applicable laws.
- No PSA must enter into a contract with a client whose property/establishment has an existing conflict of claim, ownership, management, or administration with another party without: (a) written permission from the police office with jurisdiction over the property/establishment, (b) clearance from the court, quasi-judicial, or administrative body with jurisdiction, and (c) the Chief, SAGSD—all considering the “dangerous tendency rule” akin to maintenance of public order.
- Security services agreements/contracts must include a provision that when there is an existing conflict of claims, the hired PSA’s services automatically terminate without liability on the PSA.
- The incumbent PSA must be directly responsible for posting uniformed security guards and must refrain from abetting or assisting any act contrary to law, morals, good customs, public order, or public safety.
- The incumbent PSA must maintain status quo ante and continue duties to the currently recognized client based on the SSA until legal orders terminate the SSA or the SSA expires, whichever comes first.
- Without a valid order from courts or quasi-judicial/administrative bodies, the incumbent PSA must not unilaterally exclude the complainant and its employees/residents from accessing the property/establishment due to the conflict; it may only initiate appropriate entry/exit control measures without jeopardizing the SSA with the currently recognized client.
- The incumbent PSA must not bring in additional security personnel contrary to SSA provisions, especially personnel not organic to the agency.
- The incumbent PSA must balance the interests and responses of contending parties for effective security management of the property/establishment.
- The incumbent PSA must consider the community’s unique characteristics, including traffic flow, specialized facilities, specific by-laws, and residents/employees preferences when implementing access control measures.
- High-powered firearms issued to guards must be recalled immediately and stored in the agency’s firearms safety vault.
- Security personnel must not put employees or residents of the property/establishment at risk between feuding parties.
- Security personnel must adopt maximum tolerance and compassion among parties, particularly to avoid jeopardizing the rights of an innocent third-party property owner.
- PSA must provide escort guard(s) for all authorities involved in resolving the conflict and must restrict access of unauthorized areas known to be sensitive and capable of triggering violence.
During implementation of legal orders
- The incumbent PSA (if still operating) and/or the newly contracted PSA must maintain an open channel of communication with clients and other involved parties to receive and share information, especially on implementation of valid legal actions/orders.
- New/incoming PSAs must not deploy security personnel to implement a court or quasi-judicial order unless: (a) requested in writing by the designated Sheriff, (b) approved by the Chief, SAGSD for the National Capital Region or Chief, ROPD in regions, and (c) the presence of security personnel is needed for protection and preservation of the property and maintenance of peace and order.
- Upon receipt of a legal order or knowledge of legal action, on-ground authorized representatives of incumbent and new PSA(s) must immediately disseminate the contents of the order to all assigned security personnel and explain the implications.
- If PSA representatives cannot obtain full information after being informed of issuance/existence, they must officially secure the order from the issuing authority or other involved parties.
- Requests for approval by the Chief, SAGSD or Chief, ROPD for deployment must be supported by a copy of the writ and a request of the Sheriff for the need of security personnel.
- Applicant PSA must keep SAGSD or FESAGS informed of subsequent, further, interlocutory, or final orders concerning the conflict.
- Coordination with the local police with jurisdiction over the area must occur prior to deployment of security guards.
- Deployed security personnel must be in proper uniform with visible nameplates and must carry their LTEP ID.
- Deployed security personnel must not carry high-powered firearms.
- New PSAs must deploy/post guards trained and experienced in dealing with the public under stressful situations.
- PSAs may replace or reshuffle guards with similar qualifications to maintain effective performance.
- Incumbent/new PSAs must address significant peace-and-order issues of contending parties without repeatedly calling for police assistance, while remaining alert for suspicious behavior, possible emergency cases, or traffic problems.
- Incumbent/new PSAs must alienate themselves from the legal issue despite client interests, participating as working partners of the caretaker/management committee/interim administrator to promote security and equitable access in the use/enjoyment of the property/establishment.
- Any PSA must follow legal orders requiring it to vacate/change/modify current posts for justifiable authorized causes, including orders directed to new PSA.
- SAGSD personnel authorized to conduct an ocular inspection or perform authorized transactions in the contested property/establishment must exercise utmost caution to level off understanding among parties and must remain neutral throughout implementation.
- No security personnel must be actively involved in demolition, removal, destruction, or recovery of the properties/establishments/physical structures; security personnel must only ensure that no property is stolen, looted, or taken from the premises.
After legal action and turnover duties
- SAGSD or its authorized representatives may conduct post-to-post and administrative inspection anytime during the period of conflict.
- After final court/quasi-judicial/administrative orders, both incumbent and new PSAs must assist in the peaceful turnover of the property/establishment to the party adjudged rightful owner, manager, or administrator.
- The PSA whose client loses the case must peacefully and properly relinquish authority to the PSA of the winning party.
Sanctions for violations
- Violations are subject to investigation and to appropriate criminal action without prejudice, and the following administrative sanctions apply to security personnel or private security agencies found guilty of violating SOP provisions.
- For a first offense, the PSA must pay a fine of PHP 50,000.00, and security personnel must be suspended for six (6) months to exercise the profession.
- For a second offense, the PSA must pay a fine of PHP 100,000.00, and security personnel must be suspended for one (1) year to exercise the profession.
- For a third offense, licenses are subject to cancellation/revocation of the license to operate or exercise the profession.