Law Summary
Declaration of Policies
- Recognizes the private sector's role in protecting people and property.
- Aims to strengthen regulation and establish quality standards for competent security personnel complementary to law enforcement.
Key Definitions
- License to Exercise Security Profession (LESP): Permit by Chief PNP authorizing individual security professionals.
- License to Operate (LTO): Permit authorizing entities to operate and manage private security agencies.
- Pre-Licensing Training Programs: Mandatory training, including Basic Security Guard and Security Officers Training Courses.
- Private Security Agency (PSA): Person or entity providing security guards, K9 teams, protection agents, private detectives, and other specialized security services.
- Private Security Industry: Includes security consultancy, armored vehicle services, alarm monitoring, CCTV, personal protection, and security hardware services.
- Private Security Professional (PSP): Licensed individuals including guards, investigators, trainers, K9 handlers, and security consultants.
- Private Security Services: Services such as guarding, access control, training, investigation, and contractual recruitment.
- Private Security Training Agency (PSTA): Provides approved training programs, including TESDA-accredited courses.
- Security Consultant: Professionally authorized to provide security planning, risk management, and related advisory services.
- Security Hardware: Devices for detecting unauthorized entry, controlling access, surveillance, and protection.
- Security Hardware and Systems Designers: Specialists in designing security systems combining hardware and software.
Registration and Licensing of Private Security Agencies
- Only Filipino citizens or wholly Filipino-owned juridical entities can organize PSAs.
- PSAs cannot employ more than 2,000 PSPs.
- PSA operators must be at least 25 years old, hold a bachelor's degree, own shares, be of good moral character, free from convictions involving moral turpitude, and physically and mentally fit.
- LTO issued by Chief PNP required to operate PSAs and PSTAs; PSTA licenses only granted to accredited institutions.
- LTO valid for up to five years, subject to renewal; fee adjustments allowed.
- Applicants must post bonds through accredited surety or insurance companies to cover claims.
- Minimum administrative fees charged to clients set at 20% of total contract cost, adjustable by the Department of Labor and Employment.
- PSAs allowed to possess firearms under strict regulation, limited to one firearm per PSP.
- Firearms possession only allowed during duty in uniform and within establishments; PNP conducts periodic inspections.
- PSP uniforms must differ from AFP and PNP uniforms, prescribed by PNP authorities.
Licensing and Regulation of Private Security Professionals
- LESP granted only to legal age Filipino citizens of good moral character, physically and mentally fit, without convictions related to moral turpitude.
- Training and licensing overseen by PNP; additional qualifications for certain categories may be required.
- LESP validity is five years.
- Mandatory Pre-Licensing Training Program required before LESP issuance.
- PNP responsible for encouraging opening of local and regional training centers.
- Ladderized training system developed in partnership with government and private institutions, including basic, specialized, supervisory, and enhancement trainings.
Penalties for Violations
- Cancellation, revocation, or suspension of PSA license for actions including participation in armed conflict against the government, involvement in electoral violence, human rights violations, paramilitary activities, privacy violations, gross negligence, criminal convictions, labor law violations, or acts detrimental to peace and order.
- Operating without valid LTO penalized with fines from ₱1,000,000 to ₱5,000,000.
- Operating with expired LTO fined ₱50,000 to ₱100,000.
- Practicing without valid LESP or deploying unlicensed PSPs fined ₱50,000 to ₱100,000.
- Rendering services to illegal activities punished with imprisonment of 12 years and 1 day to 20 years, plus ₱1,000,000 fine.
- Other violations penalized with imprisonment of six months to six years, fines up to ₱1,000,000, license suspension or cancellation, and bond forfeiture.
- Juridical entities held accountable through responsible officers.
Implementing Rules and Regulations
- PNP tasked to promulgate IRR within 90 days from effectivity in consultation with stakeholders.
- Regulations subject to periodic review every three years.
Separability Clause
- Declaration of any part unconstitutional does not invalidate the remainder of the Act.
Repealing Clause
- Repeals Republic Act No. 5487 and other inconsistent laws or orders.
Effectivity
- Takes effect 15 days after complete publication in the Official Gazette or a newspaper of general circulation.