Legal basis and referenced rules
- The Circular is grounded on Section 35(b)(3) of Republic Act No. 6975, as amended by Republic Act No. 8551 (the PNP Reform and Reorganization Act of 1998).
- It incorporates amendments and/or alignment with NAPOLCOM Memorandum Circular No. 2009-004 dated December 28, 2009, amending NAPOLCOM Memorandum Circular No. 2009-008 on the general guidelines for the detail of PNP personnel as protective security.
- It aligns with PNP Memorandum Circular No. 2009-012 dated July 6, 2009, on guidelines and procedures governing detail of PNP uniformed personnel as protective security.
- It relies on Republic Act No. 5487 (the Private Security Agency Act) and its IRR, including standards governing protection agents.
- It applies PNP Memorandum Circular No. 001-2006 dated September 4, 2006, on guidelines in the admission, employment, and deployment of protection agents.
Policy purpose and implementing agency
- The Circular establishes additional guidelines and procedures specifically for the availment and deployment of:
- PNP Protective Security Personnel (PSP); and
- Protection Agents (PA) from accredited private detective agencies.
- The Police Security and Protection Group (PSPG) is the main implementing agency mandated by law to provide security to:
- government officials,
- foreign dignitaries,
- private individuals authorized to be given protection, and
- key government installations.
Core definitions and status of parties
- “Protective Security” is the state or quality of being secured or freed from danger and uncertainty, and it includes various means or devices designed to guard persons and property against security hazards.
- “Threat” refers to an indication of something impending and usually undesirable or unpleasant, with an intention to inflict evil, injury, or damage by illegal means, often involving coercion or duress over the person or welfare.
- “Threat Assessment” is the process of investigating/validating the truthfulness of the existence of threat to an individual.
- “PNP Protective Security Personnel (PSP)” means a member of the PNP providing protective security.
- “Protection Agent (PA)” means a SOSIA-licensed private security personnel qualified and selected to perform personal security protection to persons entitled to protection.
- “Private Detective Agency (PDA)” means any juridical person, association, partnership, firm, or private corporation that contracts, recruits, trains, furnishes, or posts a licensed private detective to perform private detective services, and includes providing personal security protection services to private persons or individuals.
- “Protectee” means the person being provided with protective security, and also means “client” as used in PDA personal security protection services.
- “Indigent Protectee” means a person applying for protective security whose family income does not exceed:
- PHP 14,000.00 for those residing in Metro Manila,
- PHP 13,000.00 for those residing in other cities, and
- PHP 12,000.00 for those residing in all other places.
Who is entitled to protective security
- The PNP through the PSPG must detail Protective Security Personnel (PSP) to the listed protectees even without a written request, as follows:
- Vice President of the Republic of the Philippines — 9 PSPs
- Senate President — 6 PSPs
- Speaker of the House of Representatives — 6 PSPs
- Chief Justice of the Supreme Court — 6 PSPs
- Secretary of National Defense — 4 PSPs
- Secretary of the Interior and Local Government — 4 PSPs
- The listed protectees are entitled to protective security upon written request, without the need of threat assessment:
- Cabinet Secretaries — 4 PSPs
- Senators — 4 PSPs
- Members of the House of Representatives — 2 PSPs
- Retired PNP Star-rank Officers — 2 PSPs
- Local Chief Executives (Governors and Mayors) are entitled to protective security upon written request to a maximum of two (2) protective security personnel, subject to approval of the Chief, PNP upon recommendation of the PNP Regional Directors.
- The foregoing individuals may employ not more than four (4) private Protection Agents, subject to approval of the Chief, PNP.
- Other public officials and private individuals may avail or engage PNP PSP only if all of the following conditions are met:
- the applicant is under actual threat/s of death and/or physical harm;
- the threat/s, after due evaluation, is assessed to be imminent or highly possible of occurrence;
- security may be withdrawn/terminated anytime or even before the expiration of the detail when the demands of the PNP require it or when specific provisions are violated; and
- except in highly exceptional cases, only a maximum of two (2) PNP protective security personnel and four (4) protection agents are allowed.
Procedures, documentation, approvals, and deployment
- Applicants for protective security detail (except Local Chief Executives) must personally submit to the PSPG:
- a letter request addressed to the Chief, Philippine National Police through the Director, PSPG;
- three (3) copies of the application form duly notarized;
- a police report/blotter entry or any documentary proof/evidence relative to the threat; and
- a Special Bank Receipt showing payment of the appropriate fee.
- Local Chief Executives must submit their written request and application to their respective PNP Regional Directors through their ROPDs, and the Regional Directors must endorse the request and application for the approval of the Chief, PNP through D, PSPG.
- Upon receipt of the documentary requirements, Threat Assessment must be conducted by PSPG, IG, and local police units, which may act jointly or coordinate laterally, and all threat assessments must be subject for validation by the Directorate for Intelligence (DI).
- If the threat is found imminent or highly probable upon receipt and evaluation, the Director, PSPG/RD must provide a temporary security detail.
- Applicants must accomplish an affidavit of undertaking stating that the PSP/PA duty is confined only to protective functions and that the PSP/PA will not be used as:
- a gate keeper,
- family drive,
- errand boy, or
- for similar tasks, or
- to perform illegal activities (among others).
- Except for providing security detail to Local Chief Executives only, only PNP personnel from PSPG are authorized to be detailed as PNP protective security personnel.
- Security detail for Local Chief Executives must be the responsibility of the PROs, provided that no member of the SAF, RPSB, PPSC, and the City/Municipal Police Stations shall be detailed as PNP Protective Security Personnel.
- Protection agents deployed for protective security must be under the operational control and supervision of the PSPG.
- PSP from PSPG and PA from PDA must wear agency-prescribed uniform and carry PSPG/SOSIA-issued identification card at all times while on duty.
- PNP PSPs must always carry firearms with:
- a letter order, and in the case of government issued firearms, an ARE; and
- in the case of personally owned firearms, a firearm license.
- PAs must always carry their agency-issued firearms covered by Special Duty Detail Order (SDDO).
- PSP availment is for six (6) months, but Letter Orders for their detail must be issued on a monthly basis.
- For PAs, the detail period is determined by the contract between the PDA and the protectee.
- If, during monthly evaluation of threat, it is determined or established that the threat has already ceased, the PNP must automatically terminate the protective security detail.
- Employment/engagement rules for PAs must follow existing PNP circulars and other issuances.
Fees and indigent protectee charges
- Application for availment or engagement of PSP must not be processed without payment of appropriate fees by the applicant.
- A private individual must pay a total of PHP 5,000.00, broken as:
- PHP 1,000.00 processing fee; and
- PHP 4,000.00 threat assessment fee.
- All public officials listed for protective security entitlement in Section 5(a) and Section 5(b) are not required to pay these fees.
- Indigent protectees must pay 20% of the processing fee and are exempted from the threat assessment fee.
- The amount collected from the filing fee forms part of the PNP Trust Receipts Fund, with 50% retained by the PSPG to support or defray administrative and operational expenses.
Administrative sanctions and grounds to terminate
- Any PNP found violating any provision of the Circular is administratively liable pursuant to existing NAPOLCOM and PNP regulations.
- Any Protective Agent found violating any provision of the Circular is liable under Republic Act No. 5487, as amended, and its IRR, and PNP Memorandum Circular No. 001-2006.
- Any violation by the protectee of any provision of the Circular or of the affidavit of undertaking, including misrepresentation or false entry on submitted application documents, constitutes a ground for outright termination or revocation of the protective security provided.
Recission and repealing effect
- All PNP policies, directives, and other issuances inconsistent with the Circular are deemed repealed or modified accordingly.