MODULE 1(week 2)

STS -2

Prepared By: Mr. GLENN P. MANSALINOG

Objectives:
At the end of this topic the students may be able to:
1. To know the nature of security in the new law which is passed by our house of
representative and the Senate.
2. To learn about the new rules and regulations.

Topic:

REPUBLIC ACT NO. 11917, July 30, 2022 ]

AN ACT STRENGTHENING THE REGULATION OF THE PRIVATE SECURITY SERVICES
INDUSTRY, REPEALING FOR THE PURPOSE, REPUBLIC ACT NO. 5487, ENTITLED “AC
ACT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE
WATCHMEN OR SECURITY GUARD AGENCIES”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Content

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as "The Private Security Services Industry
Act."

SECTION 2. Declaration of Policies. — The State recognizes the vital role of the private sector
in the protection of the people and safeguarding of property as well as maintenance of peace
and order in the country.

Towards this end, the State shall adopt measures to strengthen the regulation of the private
security services industry and establish quality standards to ensure competent private security
personnel and professionals that complement our law enforcement authorities in preservation of
public order in the country.
SECTION 3. Definition of Terms. — As used in this Act:

(a) License to Exercise Security Profession (LESP) refers to a permit issued by the Chief of
the Philippine National Police (PNP) or the duly authorized representative, recognizing a natural
person to be qualified to perform the duties as security professional or training personnel;

(b) License to Operate (LTO) refers to a permit issued by the Chief PNP or the duly authorized
representative, certifying and authorizing a person to engage in employing and deploying
security guards, K9 teams, protection agents, private detectives and other licensed specialized
security personnel; or a juridical person to establish, engage, direct, manage or operate a
private detective agency or private security agency or company guard force after payment of the
prescribed dues or fair and reasonable fees and after complying with all the requirements as
provided by the rules and regulations implementing this Act;

(c) Pre-Licensing Training Programs refer to licensing pre-requisite and pre-licensing training
programs that include all training and academic programs and courses with the objective to
indoctrinate the individual with the basic skills and educational backgrounds necessary in the
effective exercise and performance of the security and detective profession. These include, but
are not limited to, the Basic Security Guard Course and the Security Officers Training Course;

(d) Private Security Agency (PSA) refers to any person, natural or juridical, who contracts,
recruits, furnishes or posts any security guard, to perform its functions or solicit individuals,
businesses, firms, or private, public or government-owned or -controlled corporations (GOCCs)
to engage its service or those of its security guards, for hire, commission or compensation
through subscription or as a consultant/trainer to any private or public corporation whose
business or transactions involve national security or interest like the operation and/or
management of domestic or ocean vessels, airplanes, helicopters, seaports, airports, heliports,
landing strips among others or as consultant on any security related matter, or to provide highly
specialized security, private escort, detective and investigation services like gangway security,
catering security, passenger profiling, baggage examination, providing security on board vessels
or aircraft, or other security needs that the PNP may approve;

(e) Private Security Industry refers to the industry that is engaged in providing security
consultancy, management, administration, operation, and provision of private or company
watchman, guarding, investigative work, security training, K9 security, armored vehicle security
services, alarm system monitoring services, closed-circuit television (CCTV) suppliers and other
providers of security hardware, security hardware operation, personal protection services, or
security consultant;

(f) Private Security Professional (PSP) refers to a person who is issued a valid LESP of any
classification or category, issued by the designated government agency after satisfying all the
qualifications and requirements set forth by this law and its implementing rules and regulations.
It includes security watchmen, security guards, security officers, personal security escorts,
private investigators, training officers and directors, K9 handlers, K9 administrators, K9
evaluators, K9 trainers, kennel masters and other certified or licensed security service providers
rendering or performing security, investigation, security escorting services, security hardware
planners and systems designers, security hardware operators, security managers, security
consultants whether employed by private security agencies, private corporations, government
agencies or independently practicing or providing professional security services;

(g) Private Security Services refer to the act of providing or rendering security services for
compensation pursuant to mutually agreed terms of reference and contract and shall include the
act of providing or rendering services to watch an establishment, whether public or private,
building, compound/area or property, to conduct access control/denial in any form whether
physically, manually or scientifically by electronic monitoring systems, for the purpose of
securing such area/property and at the same time ensuring safety and protection of persons
within such areas, to maintain peace and order within such areas, to conduct private security
training, and/or to conduct investigation. It shall also include the act of contracting, recruiting,
training, furnishing or posting any security guard, to do its functions or solicit individuals,
businesses, firms, or private, public or GOCCs to engage its service or those of its security
guards, for hire, commission or compensation through subscription or as a consultant/trainer to
any private or public corporation;

(h) Private Security Training Agency (PSTA) refers to any person, natural or juridical, who
engages in the business of providing training and academic programs and courses duly
approved and prescribed by the PNP and adopted by the Technical Education and Skills
Development Authority (TESDA). It includes the training for pre-licensing requirements of
individual security guards and other security professionals, the periodic and non-periodic
in-services skill refreshers for such security personnel, and other specialized, individual or
group, private security personnel skills development;

(i) Security Consultant refers to a security professional authorized by law to provide security
services such as design and formulation of a security plan, threat and vulnerability assessment,
resiliency planning, security surveying, security auditing, risk management, travel security
training, event security planning and management, emergency and incident planning and
management, crisis management, business continuity and other services related to the
formulation of security-related solutions other than providing guards and watchmen;

(j) Security Hardware refers to any mechanical or electrical device, which is designed and used
for the detection of an unauthorized entry into a facility, for alerting others of the commission of
an unlawful or unauthorized act within a building, structure or facility, identification and
screening, control, repel and prevent entry of persons and vehicles of person and materials,
recording and documentation of activities and events, repel and prevent aggression to a person
or a facility; and

(k) Security Hardware and Systems Designers and Planners refer to the security
professionals who specialize in the design of security systems using a combination of security
software and hardware to address security requirements of a facility and the training for their
operation and maintenance.

CHAPTER II

REGISTRATION AND LICENSING OF PRIVATE SECURITY AGENCY

SECTION 4. Private Security Agency (PSA). — Any Filipino citizen or juridical entity wholly
owned and controlled by Filipino citizens may organize a private security agency and provide
security services: Provided, That they shall not employ more than two thousand (2,000) private
security professionals as defined in this Act.

SECTION 5. PSA Operator or Licensee. — No applicant shall be granted a license to operate a

PSA unless the applicant possesses the following qualifications:

(a) Must be at least twenty-five (25) years of age;

(b) Must hold a bachelor's degree;

(c) Must be a part owner of the company or in case of juridical entity, holder of at least one (1)
share of stock with voting rights;

(d) Must be of good moral character;

(e) Must not have been convicted of any crime or offense involving moral turpitude; and

(f) Must be physically and mentally fit, and passed the neuro-psychiatric test and drug test
administered by the PNP or other similar government centers and facilities:

Provided, That in case of juridical entity, the named operator or licensee shall be its President or
any of its directors complying with the above requirements and duly authorized by their Board of
Directors.

SECTION 6. License to Operate. — A license to operate issued by the Chief PNP is required to
operate and manage a PSA and PSTA: Provided, That an LTO for PSTA shall be granted only to
a training school, institute, academy, or educational institution which offers courses prescribed
and approved by the PNP or training programs accredited by TESDA.

SECTION 7. Period of Validity of LTO. — The LTO issued to PSA and PSTA shall be valid for a
maximum period of five (5) years, subject to renewal: Provided, That the Chief PNP may set a
shorter validity period for LTO with applicable fair and reasonable fees adjusted accordingly.

SECTION 8. Fees and Bond to be Paid. — Every application for LTO shall be accompanied by a
bond issued by competent or reputable surety, fidelity or insurance company duly accredited by
the Insurance Commission. The bond shall be used to answer to any valid and legal claim
against the agency by its clients or employees. The amount of bond to be determined by the
Chief PNP must be reasonable and should depend on the number of PSPs employed.

SECTION 9. Administrative Fee of PSAs. — The minimum administrative fee that may be
charged by PSAs to its clients shall not be less than twenty percent (20%) of the total contract
cost, subject to adjustment by the Department of Labor and Employment: Provided, That
additional fees shall be charged for the acquisition and maintenance of extraneous tools and
equipment used for security operation by the agency or required by the clients and for the
continuous deployment of PSPs in hazardous conditions.

SECTION 10. Issuance of Firearms. — A PSA shall be entitled to possess firearms after having
successfully passed the requirements prescribed by the Chief PNP and in accordance with
Republic Act No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act":
Provided, That a PSA shall only be allowed to possess small arms, not exceeding one (1)
firearm for each PSP, to include single-post, in its employ: Provided, further, That possession of
firearms by PSPs shall only be allowed during their tour of duty, in proper uniform, within the
compound of the establishment, except when they escort and secure large amounts of cash or
valuables, which firearms must be determined by the PNP: Provided, finally, That inventory of
firearms of PSAs shall be subject to periodic inspection by the PNP.

SECTION 11. Uniform. — The uniform of PSPs shall be different from the uniform worn and
prescribed for members of the Armed Forces of the Philippines (AFP), the PNP and other law
enforcement authorities. The PNP, through the authorized representative, shall prescribe the
uniform, ornaments, equipment and paraphernalia to be worn by the PSPs while on duty.

CHAPTER III

PRIVATE SECURITY PROFESSIONALS

SECTION 12. License to Exercise Security Profession (LESP). — No applicant shall be granted
license to exercise private security profession unless the applicant possesses the following
qualifications:

(a) Must be of legal age;

(b) Must be a Filipino citizen;

(c) Must be physically and mentally fit;

(d) Must be of good moral character; and

(e) Must not have been convicted of any crime or offense involving moral turpitude.
For purposes of securing an LESP, a letter of authority to conduct training must be issued by the
Supervisory Office for Security and Investigation Agency (SOSIA). Such training includes the
pre-licensing requirements of the individual PSPs, periodic and non-periodic in-service skill
refreshers for such security personnel, and other specialized, individual or group, PSP skills
development: Provided, That the Chief PNP shall provide for additional qualifications for security
consultant and security officers based on the industry requirements and practice.

SECTION 13. Period of Validity of LESP. — The LESP of duly qualified PSPs shall be valid for a
period of five (5) years from the date of its issuance.

SECTION 14. Pre-Licensing Training. — No person shall be granted an LESP without

undergoing the Pre-Licensing Training Program as defined in this Act: Provided, That the PNP
shall encourage opening of local and regional security training centers to provide pre-licensing
trainings to applicants.

SECTION 15. Ladderized Training and Education. — The PNP, in partnership with private
security training institutions or public institutions duly accredited by the government to provide
such training education to private security professionals, shall develop ladderized training and
education which include basic security guard courses, specialized security guard courses,
security officers training courses, detective training courses, and candidate protection agent
courses. It shall also include enhancement trainings, such as but not limited to, supervisory
trainings, personal upliftment and other specialized trainings to place the security professional a
level up from his current position.

CHAPTER IV

PENAL PROVISIONS

SECTION 16. Penalties. — Any violation of the provisions of this Act shall, after due notice and
hearing, be subject to the corresponding penalties herein provided:

(a) A license to operate of a PSA may be cancelled, revoked or suspended by the Chief PNP
when:

(1) It takes part in an armed conflict against the government;

(2) It uses force or the threat of force or those it represents in a national or local electoral
contest;

(3) It uses its authority to be involved in human rights violations;

(4) It is used as a privately owned and operated para-military organization operating outside of
the regulatory framework established by this law and the implementing rules and regulations
adopted by the PNP;
(5) It intentionally and maliciously makes use of electronic security devices or remote video
surveillance in a manner that violates the privacy of civilians;

(6) It acted with gross negligence in dealing with violations, or mistakes of its members, or
incompetency in its ranks;

(7) Its named operator or licensee is convicted by final judgement of any crime or felony;

(8) It violates any provision of Presidential Decree No. 442, otherwise known as the "Labor
Code of the Philippines," as amended, including its implementing rules and regulations; and

(9) It acted in a manner which renders the PSA a detriment to the maintenance of peace and
order.

(b) Any PSA or any entity which operates without a valid LTO shall suffer the penalty of a fine of
not less than One million pesos (P1,000,000.00) and not more than Five million pesos
(P5,000,000.00) at the discretion of the Chief PNP;

(c) Any PSA or any entity which operates with an expired LTO shall suffer the penalty of a fine of
not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand
pesos (P100,000.00) at the discretion of the Chief PNP;

(d) Any person practicing private security profession without a valid license or with only an
expired license shall suffer the penalty of a fine of not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred thousand pesos (P100,000.00) at the discretion
of the Chief PNP. The same penalty shall be imposed upon a PSA who shall deploy any person
practicing private security profession without a valid license or with only an expired license;

(e) Any person who offers to render or renders services to persons or places conducting illegal
activities shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1)
day to twenty (20) years, and a fine of One million pesos (P1,000,000.00), at the discretion of
the court, without prejudice to criminal prosecution under other laws; and

(f) Any person who violates any of the provisions of this Act not mentioned in the preceding
subsections shall suffer the penalty of imprisonment of not less than six (6) months and one (1)
day to six (6) years, or a fine of One million pesos (P1,000,000.00), or both, at the discretion of
the court, and cancellation or suspension of its license with forfeiture of the bond without
prejudice to criminal prosecution under other laws.

If the offender is a juridical entity, the penalty shall be imposed upon the officer or officers of the
juridical entity who participated in the decision that led to the violation of any provision of this
Act, without prejudice to the cancellation of their license issued by the PNP.

CHAPTER V
MISCELLANEOUS PROVISIONS

SECTION 17. Implementing Rules and Regulations (IRR). — The PNP, in consultation with
stakeholders and other national private security associations, representatives of private security
cooperatives and other stakeholders of the security industry, and subject to the provisions of
existing laws, shall promulgate the rules and regulations necessary to implement the provisions
of this Act within ninety (90) days from its effectivity. Furthermore, the Chief PNP shall consult
with the said stakeholders prior to the issuance of all regulations and issuances related to and
affecting the private security services industry. The PNP is mandated to review the IRR every
three (3) years.

SECTION 18. Separability Clause. — If any part or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in
force and effect.

SECTION 19. Repealing Clause. — Republic Act No. 5487 is hereby repealed. All other laws,
presidential decrees or issuances, executive orders, letters of instruction, rules, regulations and
administrative orders inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 20. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

(SGD.) VICENTE C. SOTTO III

President of the Senate

(SGD.) LORD ALAN JAY Q. VELASCO

Speaker of the House of Representatives

This Act was passed by the Senate of the Philippines as Senate Bill No. 2423 on May 23, 2022
and adopted by the House of Representatives as an amendment to House Bill No. 8783 on May
23, 2022.
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate

(SGD.) MARK LLANDRO L. MENDOZA

Secretary General House of Representatives

Approved: Lapsed into law on JUL 30 2022 without the signature of the President, in
accordance with Article VI Section 27 (1) of the Constitution.

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines