Implementing Guidelines and Procedures Governing the Functions and Responsibilities of RCSUs

September 14, 2016

PNP MEMORANDUM CIRCULAR NO. 060-16

IMPLEMENTING GUIDELINES AND PROCEDURES GOVERNING THE FUNCTIONS AND RESPONSIBILITIES OF THE REGIONAL CIVIL SECURITY UNITS (RCSUs)

1. REFERENCES:

a. Republic Act No. 5487 and its IRR: An Act to Regulate the Organization and Operation of Private Detective, Watchmen or Security Guards Agencies also known as "The Private Security Agency Law;

b. RA No. 6975: An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local Government, and for other Purposes;

c. RA No. 7183 and its IRR: An Act Regulating the Sale, Manufacture, Distribution, and Use of Firecrackers and other Pyrotechnic Devices;

d. RA No. 8551: An Act Providing for the Reform and Reorganization of the Philippine National Police and for other Purposes, Amending Certain Provisions of Republic Act No. 6975;

e. RA No. 9485: An Act to Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefore also known as the "Anti-Red Tape Act of 2007";

f. RA No. 9516: An Act Further Amending the Provisions of Presidential Decree No. 1866, As Amended, Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof, and for Other Relevant Purposes;

g. RA No. 10591 and its IRR: An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof also known as the "Comprehensive Firearms and Ammunition Regulation Act;

h. NAPOLCOM Resolution No. 2016-247: Approving the Activation of the Regional Civil Security Unit in all Police Regional Offices, except in the National Capital Region, under the Administrative Supervision and Operational Control of the Civil Security Group; and

i. NHQ-PNP General Orders No. DPL 15-21 providing for the activation of seventeen (17) RCSUs under the Office of the Director, CSG. acEHCD

2. SITUATION:

Under Section 35 (a)(6) of RA No. 6975, the Civil Security Unit, which is now called the Civil Security Group (CSG), shall provide administrative services and general supervision over the organization, business operation, and activities at all organized private detectives, watchmen, security guard agencies, and company guard forces. The CSG shall likewise supervise the licensing and registration of firearms and explosives.

The same provision further states that the approval of applications for licenses to operate private security agencies as well as the issuance of licenses to security guards and the licensing of firearms and explosives shall be decentralized to the PNP regional offices.

In line with such provision, on April 5, 2016, the National Police Commission (NAPOLCOM) issued Resolution No. 2016-247 which approved the activation of the PNP RCSUs under the CSG in all Police Regional Offices, except in the National Capital Region (NCR).

The activation and operationalization of the RCSUs comply with the provision of RA No. 6975 to provide the public wider access to the services of the PNP in order to expedite the processing of licenses for private security agencies, private security personnel, private security training, firearms, and explosives. The RCSUs will now have the sole responsibility of processing said licenses to ensure the prompt release of these licenses to qualified applicants from their respective regions.

The RCSU shall be composed of the Firearms and Explosives Section (FES) and the Security Agency and Guard Section (SAGS).

3. PURPOSE:

This Memorandum Circular (MC) sets forth the guidelines and procedures in the operationalization of RCSUs to implement the laws, rules, and regulations concerning firearms, ammunition, explosives, explosive ingredients/controlled chemicals, firecrackers and pyrotechnics, private security personnel, private security agencies, company guard forces, and government guard units.

4. DEFINITION OF TERMS:

a. Ammunition refers to a complete unfired unit consisting of a bullet, gunpowder, cartridge case, and primer or loaded shell for use in any firearm;

b. CSG refers to the Civil Security Group of the Philippine National Police;

c. Explosives refer to any substance either solid or liquid, either as a mixture of single compound which by chemical reaction liberate, at high speed, heat, and gas causing tremendous pressure resulting in an explosion, such as gunpowder, powder used for blasting, all forms of high explosives, blasting materials, dynamite, fuses, detonators and detonating agents, smokeless powder, hand grenade, rifle grenade, pillbox bomb, Molotov cocktail bomb or other incendiary devices, and other chemical compound or chemical mixture that contains any combustible unit or other ingredients in which proportion or papkins that ignites by fire, by friction, by concussion, by percussion or by detonation of all or any part of the compound or mixture causing which a sudden generation or highly heated gasses that resultant gaseous pressure are capable of producing destructive effects or contiguous objects or destroying life or limb;

d. FEO refers to the Firearms and Explosives Office of the Philippine National Police;

e. Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of the law, the barrel, frame or receiver is considered a firearm;

f. FR refers to Firearms Registration;

g. Gun Club refers to an organization with at least 15 licensed citizens as members, duly registered with and authorized by the FEO which is established for the purpose of propagating gun safety and responsible gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, self-defense and collection purposes;

h. License to Exercise Security Profession (LESP) refers to any document issued by the Chief, Philippine National Police or his duly authorized representative recognizing a person to be qualified to perform his duties as private security or training personnel;

i. License to Operate (LTO) refers to a License Certificate document, issued by the Chief, PNP or his duly authorized representative, authorizing a person to engage in employing security guard or detective, or a juridical person to establish, engage, direct, manage or operate an individual or a private detective agency or private security agency/company security force after payment of the prescribed dues or fees as provided in the Rules and Regulations of RA 5487;

j. License to Own and Possess Firearms (LTOPF) refers to a written authority granted by the Chief, PNP through the Chief, FEO to a qualified individual for him/her to own and possess a firearm in accordance with the IRR of R.A. No. 10591;

k. Order of Payment (OP) refers to a controlled form issued by the proper Processing and Licensing Office of the PNP to the Land Bank of the Philippines (LBP) and its designated branches directing the latter to accept payment of the fees and charges imposed by the PNP in pursuit of its statutory and regulatory functions;

l. RCSU refers to the Regional Civil Security Unit of the Civil Security Group;

m. SOSIA refers to the Supervisory Office for Security and Investigation Agencies of the Philippine National Police; SDHTEC

n. Special Bank Receipt (SBR) refers to an accountable form transferred by the PNP to the LBP through a Memorandum Receipt (MR) which shall be issued as proof of payment in the collection of fees and charges imposed in pursuit of the statutory and regulatory functions of the PNP; and

o. Shooting Range refers to a facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports and shooting competition either for the exclusive use of its members or open to the general public, duly registered with and accredited in good standing by the FEO.

5. GENERAL GUIDELINES:

a. The RCSUs shall implement the laws, rules, and regulations concerning firearms, ammunition, explosives, explosive ingredients/controlled chemicals, firecrackers and pyrotechnics, private security personnel, private security agencies, company guard forces, and government guard units.

b. The RCSUs shall be under the administrative supervision and operational control of the Director, CSG.

c. All ministerial and routine functions and/or decision-making are delegated from Director, CSG to the Chief, RCSU.

d. Applications outside National Capital Region for licenses, accreditation, permits, and registration shall be filed with the RCSU for evaluation and processing. However, applicants, at their convenience, may directly file their applications to the FEO or SOSIA, as the case may be.

e. The Chief, PNP shall be the approving authority on all licenses, accreditation, permits and registrations unless specifically delegated by the Chief, PNP or provided in laws, rules and regulations.

6. SPECIFIC GUIDELINES:

The Chiefs, RCSUs shall perform the following:

a. On firearms and ammunition:

1) Receive and process applications for LTOPF and FR by conducting the following:

a) Check the completeness and validity of the documentary requirements;

b) Encode and scan the documentary requirements;

c) Take the photo of the applicants; and

d) For applicants for Type 3 to 5 licenses, inspect their compliance on vault or container secured by lock and key or other security measures.

 Upon approval of the application, print and release the LTOPF and/or FR card/certificate.

2) Receive and process applications for License to Manufacture, License to Deal and Gunsmith's License by conducting the following:

a) Check the completeness and validity of the documentary requirements; and

b) Inspect the facility/store of the applicant.

 Upon approval of the application, require the applicant to submit a manufacturer's or dealer's bond before the release of the copy of the license.

3) Receive and process applications for accreditation of gun clubs and firing range by conducting the following:

a) Check the completeness and validity of the documentary requirements; and

b) Inspect the gun club or firing range of the applicant.

 Upon approval of the application, release the copy of the license.

4) Conduct inspection of shooting range, gun store, and storage facilities/magazines of firearms, and ammunition;

5) Receive and process applications for registration of reloading machines by checking the completeness and validity of the documentary requirements.

 Upon approval of the application, release the copy of the registration to the applicant, and issue a serial number to the reloading machine.

6) Receive and assess the applications for tagging of lost firearms by conducting the following:

a) Check the completeness and validity of the documentary requirements; and

b) Conduct investigation of lost firearms as stated in the affidavit of the applicant and recommend for its revocation/restoration of registration;

7) Receive, process and approve Permit to Transfer firearms, ammunition, firearm parts and accessories if movement and transportation transverse provincial boundary within the region; HESIcT

8) Conduct lectures on gun safety and issue Gun Safety Certificate;

9) Receive and evaluate the requirements for the conduct of shooting competition;

10) Receive, process and approve applications for airsoft and airgun registration;

11) Issue certification on the request for firearm verification; and

12) Perform other tasks as directed by the Director, CSG.

b. On explosives and explosive ingredients/controlled chemicals:

1) Receive and process applications for licenses and permits by conducting the following:

a) Check the completeness and validity of the documentary requirements; and/or

b) Inspect the storage facility of the applicant.

 Upon approval of the application, require the applicant to submit a manufacturer's or dealer's bond before the release of the copy of the license.

2) Process applications for licenses to possess explosives (manufacturer, dealer, purchaser) for explosives/explosives ingredients and explosive accessories, controlled chemicals, and firecrackers and pyrotechnic devices (new, renewal and amendment) and endorse to the National Headquarters for approval of C, FEO; D, CSG; and Chief, PNP;

3) Conduct storage facility inspection for industry stakeholders engaged in the manufacture, dealing in, acquisition, and disposition of explosives/explosives ingredients and explosive accessories, controlled chemicals, and firecrackers and pyrotechnic devices;

4) Provide security escort for the movement and transportation of explosives and high-risk controlled chemicals traversing provincial boundaries within the region;

5) Issue Permit to Transfer for the movement and transportation of explosives and controlled chemical traversing provincial boundaries and within the region;

6) Process applications for permit to transport (Regional Boundaries) and endorse to C, FEO;

7) Release approved licenses and permits approved by C, FEO; D, CSG; and Chief, PNP; and

8) Perform other tasks as directed by the Director, CSG.

c. On firecrackers and pyrotechnics:

1) Receive and process applications for licenses and permits by conducting the following:

a) Check the completeness and validity of the documentary requirements; and/or

b) Inspect the storage facility of the applicant.

 Upon approval of the application, require the applicant to submit a manufacturer's or dealer's bond before the release of the copy of the license.

2) Process, approve, and issue retailer's permit and permit to transport and special permit to display firecrackers and pyrotechnic devices (Regions 6, 12, 18, CARAGA, and ARMM only);

3) Process, approve, and issue permit and radio message to the stakeholders in transporting firecrackers and pyrotechnics (Provincial Boundaries);

4) Release approved licenses and permits approved by C, FEO; D, CSG; and Chief, PNP; and

5) Perform other tasks as directed by the Director, CSG.

d. On private security industries and government guard units:

1) Receive and process new applications for License to Exercise Security Profession (LESP) by conducting the following:

a) Check the completeness and validity of the documentary requirements; and

b) Encode and scan the documentary requirements.

 Upon approval of the application, print, and release the LESP card/certification.

2) Receive, process, and approve applications for renewal of LESP by conducting the following:

a) Check the completeness and validity of the documentary requirements; and caITAC

b) Encode and scan the documentary requirements.

 Upon approval of the application, print and release the LESP card/certificate.

3) Receive and process applications for License to Operate (LTO) by checking the completeness and validity of the documentary requirements.

 Upon approval of the application, release the LTO to the applicant.

4) Conduct inspection, inventory, and accounting of firearms and ammunition of Private Security Agencies (PSAs), Private Detective Agencies (PDAs), Company Guard Forces (CGFs), Private Security Training Institutions (PSTIs), and Canine Service Providers (CSPs);

5) Issue certification for LTO and LESP for region-based Private Security Service Providers/Private Security Personnel (PSSPs/PSPs);

6) Issue Certificates of Under Process of region-based PSSPs;

7) Conduct authentication of LTOs for region-based PSSPs;

8) Conduct investigation of administrative cases and approve Resolution thereof;

9) Conduct post to post inspection of PSP on duty;

10) Receive and assess requests for suspension, cancellation or revocation of licenses, accreditation, permits, and registration by conducting the following:

a) Check the completeness and validity of the documentary requirements; and

b) Investigate to verify the veracity of the information.

11) Consolidate and submit pertinent reports to the Director, CSG through Chief, FEO and Chief, SOSIA; and

12) Perform other tasks as directed by the Director, CSG.

7. DELEGATED AUTHORITY:

The specific authorities delegated to the Chief, FEO; Chief, SOSIA; and the Director, CSG, as provided under pertinent rules and regulations, shall be automatically revoked at the end of a transition period of thirty (30) days reckoned from the effectivity of this MC.

Thereafter, a new delegation of authority as indicated in herein attached Matrix of Processing and Approval of Licenses, Permits, Certifications and Accreditations shall take effect after the end of said transition period.

8. RESCISSION:

All publications or portions thereof in conflict with this issuance or with the matrix of delegated authority attached hereto are hereby amended accordingly.

9. EFFECTIVITY:

This MC shall take effect after 15 days from the filing of a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2, Book VII of Executive Order No. 292 otherwise known as the "Revised Administrative Code of 1987" as amended.

(SGD.) RONALD M. DELA ROSAPolice Director General

ANNEX A

Proposed Processing and Approval of Licenses, Permits, Certifications and Accreditations at RCSU

ANNEX B

Diagram for Application of Licenses, Accreditation, Permits, and Registration

 

Application for License to Own and Process Firearms (LTOPF)

 

Application for the Issuance of Gun Safety Seminar Certificate