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PRESIDENTIAL DECREE NO. 11
PRESIDENTIAL DECREE NO. 11 -
AMENDING CERTAIN Sections OF REPUBLIC ACT NUMBERED FIFTY-FOUR HUNDRED
EIGHTY-SEVEN OTHERWISE KNOWN AS, "THE PRIVATE SECURITY AGENCY LAW"
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WHEREAS, there were pending before Congress
prior to the promulgation of Proclamation No. 1081, dated September 21,
1972, certain priority measures vital to the law enforcement program of
the Government and to the restoration and maintenance of peace and
order throughout the land, which were duly certified by the President
as urgent measures;chanroblesvirtualawlibrary
WHEREAS, one of these priority measures is House Bill No. 4606
entitled, "An Act to Amend Certain Sections of Republic Act Numbered
Fifty-Four Hundred Eighty-Seven otherwise known as, the Private
Security Agency Law;"
WHEREAS, the said House Bill No. 4606 seeks to amend the Private
Security Agency Law because:cralaw:red
a. There are numerous private firms, companies and
corporations including government-owned or controlled corporations
employing around 30,000 watchmen or security guards who are armed with
considerable numbers of firearms but who are not covered by Section 3
of the Private Security Agency Law; chanroblesvirtualawlibrary
b. The Private Security Agency Law did not establish
adequate safeguards against the intrusion of personal interest in the
issuance of licenses prescribed by said law;chanroblesvirtualawlibrary
c. There are inadequate regulatory powers of the
Philippine Constabulary over the operations of the private security
guards or watchman agencies and their guards or watchmen;chanroblesvirtualawlibrary
WHEREAS, to provide for an effective deterrent to the commission of
acts in violation of said Republic Act No. 5487 and this Decree, and of
the implementing rules and regulations promulgated by the Chief of
Constabulary pursuant thereto, by providing stiff penalties for
violators:cralaw:red
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation No. 1081,
dated September 21, 1972, General Orders Nos. 1 and 6, both dated
September 22, 1972 and General Order No. 7 dated September 23, 1972, do
hereby order and decree, that:cralaw:red
1. Section three (d) of Republic Act Fifty-Four
Hundred Eighty-Seven, otherwise known as, "The Private Security Agency
Law" is hereby amended to read as follows:cralaw:red
"(d) Watchman or Security Guard, Watchman or Security
Guard Agency. — Any Persons who offers of renders personal service to
watch or secure either residential or business establishment, or both,
or any building, compound, or area including but not limited to logging
concessions, agricultural, mining or pasture lands for hire or
compensation, or as an employee thereof shall be known as watchmen or
security guard; and any person, association, partnership, or
corporation, who recruits, trains, musters, furnishes, solicits
individuals or business firms, private or government-owned or
controlled corporations to engage his service or those of its watchmen,
shall be known as Watchman or Security Guard Agency."
2. Section four of Republic Act Fifty-four Hundred
Eighty-Seven is hereby amended to read as follows:cralaw:red
"Sec. 4. Who May Organize a Security or Watchman
Agency. — Any Filipino citizen or a corporation, partnership, or
association, with a minimum capital of five thousand pesos, one-hundred
per cent of which is owned and controlled by Filipino citizens may
organize a security or watchman agency: Provided, That no person shall
organize or have an interest in, more than one such agency except those
which are already existing at the promulgation of this Decree:
Provided, further, That the operator or manager of said agency must be
at least 25 years of age, a college graduate and/or a commissioned
officer in the inactive service of the Armed Forces of the Philippines;
of good moral character; having no previous record of any conviction of
any crime or offense involving moral turpitude and not suffering from
any of the following disqualifications:cralaw:red
"(1) Having been dishonorably discharged or separated
from the Armed Forces of the Philippines;chanroblesvirtualawlibrary
"(2) Being a mental incompetent;chanroblesvirtualawlibrary
"(3) Being addicted to the use of narcotic drug or
drugs; and,
"(4) Being a habitual drunkard.
"For purposes of this Act, elective or appointive government employees
who may be called upon on account of the functions of their respective
offices in the implementation and enforcement of the provisions of this
Act and any person related to such government employees by affinity or
consanguinity in the third civil degree shall not hold any interest,
directly or indirectly in any security guard or watchman
agency." chanroblesvirtualawlibrary
3. Section eight of Republic Act Fifty-Four Hundred
Eighty-Seven is hereby amended by inserting as the last paragraph
thereof, the following:cralaw:red
"Any provision of this or other law to the contrary notwithstanding,
the Chief of Constabulary may, at any time suspend or cancel the
licenses of private watchman or security guard, or any licenses of
private watchman or security guard agency found violating any of the
provisions of this Act or the rules and regulations promulgated by the
Chief of Constabulary pursuant thereto;"
Any person who commit any act in violation of Republic Act No. 5487 and
of this Decree, and the implementing rules and regulations already
promulgated which are not in conflict herewith, and those to be
promulgated by the Chief of Constabulary pursuant hereto, shall, on
conviction thereof, suffer imprisonment of from ten to fifteen years
and a fine of not less than ten thousand pesos nor more than fifteen
thousand pesos as a military court/tribunal or commission may direct.
The Chief of Constabulary shall promulgate the necessary rules and
regulations to carry out the provisions of this Decree. chanroblesvirtualawlibrary
Done in the City of Manila,
this 3rd day of October, in the year of Our Lord, nineteen hundred and
seventy-two.
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