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.