Amending R.A. No. 5487 (Private Security Agency Law)

 

 

April 28, 1984

PRESIDENTIAL DECREE NO. 1919

AMENDING FURTHER REPUBLIC ACT NUMBERED FIFTY FOUR HUNDRED EIGHTY SEVEN OTHERWISE KNOWN AS "THE PRIVATE SECURITY AGENCY LAW"

WHEREAS, Republic Act No. 5487 otherwise known as "The Private Security Agency Law" has been amended by Presidential Decree No. 11 dated October 3, 1972, and Presidential Decree No. 100 dated January 17, 1973 in order to make it more responsive to the demands of the private security industry in the country;

WHEREAS, in its 14 years of existence since June 13, 1969, RA 5487 has proven to be an effective legal instrument in providing the healthy growth of the private security industry which is now employing more or less 145,500 security guards (compared to its strength of 36,000 in 1970) with an annual earning power of P1.75 Billion based on the average monthly salary of P1,000.00 per security guard and its therefore supporting more or less 1 million of our 52 million population represented by the members of their families, thereby constituting a very significant portion of the livelihood program of the country; acd

WHEREAS, RA 5487 as amended empowers the Chief of Constabulary either only to suspend or cancel the license of security guards, private security agencies and company guard forces that have violated the law and its implementing rules and regulations which if enforced to the letter may amount to excessive penalty resulting to the loss of capital investment of security business firms and dislocation or lay off of their gainfully employed security guards regardless of the nature/gravity of the offense committed or degree of delinquency;

WHEREAS, there is a need to introduce the concept of administrative fines based on the degree of delinquencies committed in order for the Chief of Constabulary not to resort to the drastic action of suspending or cancelling the operations of private security agencies and company guard forces, afford them a chance to continue their business operations and earn revenues for the government;

WHEREAS, there is a necessity to redefine the meaning of watchman or security guard into more specific terms to clarify the status of the three (3) categories of security guards covered by RA 5487;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to the powers vested in me by the Constitution do hereby order and decree that:

SECTION 1. Section 3(d) of RA 5487 as amended, is further amended to include the following: "The watchman or security guard herein defined shall be referred to specifically as private security guard, company guard and government guard when employed by private security agencies, company guard forces of private firms and government entities, respectively."

SECTION 2. Section 18 of Republic Act No. 5487 as amended is further amended by providing a third paragraph thereof, to read as follows:

"Any provision of this or other law to the contrary notwithstanding, the Chief of Constabulary or his authorized representative may impose, after confirming any violation of this law and its amendatory Decrees and implementing rules and regulations, the penalty of suspension, or cancellation of the license of a private watchman or security guard: Provided, That in cases of violations committed by any private security agency or company guard force the administrative penalty which may be imposed shall only be administrative fine or cancellation of license without prejudice to any criminal action against the violator."

SECTION 3. Paragraph 3 of Section 8 of Republic Act 5487, as amended is further amended to read as follows:

"National government agencies or instrumentalities thereof, as well as government-owned or controlled corporations which shall utilize any of their employees as watchman or security guard are exempted from securing the license herein prescribed: Provided, That employees of national government agencies or instrumentalities thereof, as well as of government-owned or controlled corporations, who are employed or utilized as watchman or security guard as herein defined, shall not pay the fees nor file the bonds herein prescribed."

SECTION 4. Paragraph 1 of Section 16 of Republic Act 5487 as amended is further amended to read as follows:

"1. On membership: No license shall be granted to any private security agency unless it has a minimum of two hundred licensed private security guards under its employ nor to any company guard force unless it has a minimum of thirty company guards: Provided, that the maximum number of security guards that an agency/company guard force may employ, to include its branches shall be one thousand: Provided, further, that this requirement shall take effect not later than March 31, 1985." cd i

DONE in the City of Manila, this 28th day of April, in the year of the Lord, Nineteen Hundred and Eighty-Four.

Published in the Official Gazette, Vol. 80 No. 26 Page 3555 on June 25, 1984.