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

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ 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:

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:

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:

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:

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:

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,   

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.

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.

RODRIGO ROA DUTERTE
President of the Philippines