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;chanroblesvirtualawlibrary
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 position
represented by the members of their families, thereby constituting a
very significant portion of the livelihood program of the
country; chanroblesvirtualawlibrary
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
latter may amount to excessive penalty resulting to the loss of capital
investment of security business firms and dislocation or lay off their
gainfully employed security guards regardless of the nature/gravity of
the offense committed or degree of delinquency;chanroblesvirtualawlibrary
WHEREAS, there is a need to introduce the concept of administrative
fines based on the degree of the 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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
"Any provision of this or other law to the contrary notwithstanding,
the Chief of the Constabulary of 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:cralaw:red
"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 guards 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:cralaw:red
"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."
Done in the City of Manila this
28th day of April in the Year of the Lord, Nineteen Hundred and
Eighty-Four.
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