Implementing Rules and Regulation OF RA 11917.ppt
- 2. REPUBLIC ACT REPUBLIC ACT 11917 11917 BY: MARK ROGER M. PERDON I MARK ROGER M. PERDON I OPERATIONS MANAGER , BSCRIM, S.O, P.A, CSTO,CSTI, OPERATIONS MANAGER , BSCRIM, S.O, P.A, CSTO,CSTI, CMPP, SO1 CMPP, SO1
- 3. OBJECTIVES OBJECTIVES To be adept with the new PNP-SOSIA Guidelines. To align with the updated PNP-SOSIA guidelines for proper cascading. To apply and execute the IRR of RA 11917 accordingly.
- 4. WHAT IS REPUBLIC ACT 11917? WHAT IS REPUBLIC ACT 11917? 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 Implementing Rules and Regulations of RA 11917 (The private Security Services Industry Act) APPROVED: Lapsed into law on July 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
- 5. WHAT IS REPUBLIC ACT 11917? WHAT IS REPUBLIC ACT 11917? Implementing Rules and Regulations of RA 11917 (The private Security Services Industry Act) Effectivity Clause: This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation. 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.
- 6. IRR OF REPUBLIC ACT 11917 IRR OF REPUBLIC ACT 11917 IRR OF REPUBLIC ACT 11917 5 Chapters 20 Sections 11 Books 77 Rules 394 Sections Consolidation of the following: House Bill 8783 House Bill 8783 by Michael Edgar Aglipay, Evelina G. Escudero, Florida P. Robes, Rico B. Geron and Jose Antonio Sy- Alvarado and Senate Bill 2423 Senate Bill 2423 by Sen. Ronald “Bato” M. Dela Rosa
- 7. IRR OF RA 11917 IRR OF RA 11917 • Book 1 Book 1 – Preliminary & General Provisions • Book 2 Book 2 – Training Personnel • Book 3 Book 3 – Private Security Training Academy • Book 4 Book 4 - Security Personnel • Book 5 Book 5 – Private Security Agency, Company Guard Force, Government Security Force • Book 6 Book 6 – Firearms, Vehicles, Canin Units, Uniforms and Other Security Hardware & Equipment • Book 7 Book 7 – Professional Conduct, Ethical Standards, Duties, Powers and Responsibilities • Book 8 Book 8 – Inspections, Action, Arbitration, Investigation and Adjudication • Book 9 Book 9 – Violations, Penalties, Fines & Penal Provisions • Book 10 Book 10 – Awards & Recognitions • Book 11 Book 11 – Miscellaneous, Transitory and Final Provisions
- 8. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 11917 Title “The Private Security Agency Law The Private Security Agency Law” Approved, June 21, 1969 Amended by Presidential Decree (PD) No. 11 on October 03, 1972 Title “The Private Security Services Industry Act The Private Security Services Industry Act” Lapsed into law on July 30, 2022, without the signature of the President An act to regulate the organization and operation of Private Detective, Watchmen or Security Guards Agencies. 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
- 9. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 Rule V Rule V – License to Exercise Private Security Profession Section 9. Types of License b. Regular License – generated Private Security Personnel License Card, duration or validity if which shall be for TWO (2) years Book 1 Book 1 – Preliminary and General Provisions Rule 4 – Validity of License Section 10. The LESP of duly qualified PSPs shall be valid for a period of FIVE (5) years from the date of issuance Section 13. Renewal of License Section 13. Renewal of License a. Deadline for Filing and Late Filing. The deadline for filing of applications for renewal of License to Exercise Profession shall be sixty (60) days prior to the month of the expiry date. Applications filed/accepted thereafter shall be penalized for late filing. Book 1 Book 1 Section 11. Renewal a. Licenses may be renewed on or within sixty (60) days prior to the expiry date; b. Expired LESP may be renewed provided that the personnel shall undergo Enhancement and Retraining Course; and
- 10. BOOK 1 BOOK 1 RULE 3 RULE 3 TYPES OF LICENSES TYPES OF LICENSES Section 6. Two (2) Classes of LESP. The two (2) classes of LESP are as follows: 1.LESP-Training Personnel: and 2.LESP-Security Personnel (including CGF and GSF personnel).
- 11. BOOK 1 BOOK 1 RULE 3 RULE 3 TYPES OF LICENSES TYPES OF LICENSES Section 7. Categories of LESP. The following are the categories of the LESP and their restrictions: 1. 1. Private Security Training Agency Private Security Training Agency Personnel Personnel a. a. Training Director Training Director b. b. Training Officer Training Officer c. c. Training Instructor Training Instructor 3. Company Guard Force Personnel: 3. Company Guard Force Personnel: a. Company Security Manager; b. Company Security Officer; and c. Company Security Guard. 2. 2. Private Security Agency Personnel Private Security Agency Personnel a. Security Watchmen; b. Security Guard; c. Security Canine Handler; d. Security Hardware & Systems Operator; e. Security Hardware & Systems Designer and Planner; f. Bank and Armored Guard; g. Protection Agent; h. Private Detective; h. Security Officer; i. Security Manager; and j. Security Consultant. 4. Government Security Force 4. Government Security Force Personnel: Personnel: a.Government Security Manager; b.Government Security Officer; and c.Government Security Guard.
- 12. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 11917 Rule V – License to Exercise Private License to Exercise Private Security Profession Security Profession Book IV – Security Personnel Book IV – Security Personnel Rule 26. Rule 26. ADDITIONAL QUALIFICATIONS AND DOCUMENTARY REQUIREMENTS FOR ISSUANCE OF LESP TO SPECIFIC CATEGORY OF SECURITY PROFESSION SECTION 3. Qualifications a Private Security Guard. No person shall be licensed as security guard unless he possesses the following qualifications: a.Filipino citizen; b.High school graduate; c.Physically and mentally fit; d.Not less than eighteen (18) years of age nor more than fifty (50) years of age (for new applicants and SGs in nonsupervisory position); and e.Has undergone a pre-licensing training course or its equivalent. Section 82. Security Guard Section 82. Security Guard a.Must be at least 21 years old; b.Must be a graduate of high schoolfrom any DepEd recognized secondary school whether public or private; and c.Must have finished the PL TC.
- 13. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 SECTION 4. Qualifications for Security SECTION 4. Qualifications for Security Officer. Officer. - No person shall be licensed as Security Officer unless he has the following qualifications: a.Filipino citizen; b.Holder of a Baccalaureate Degree; c.Physically and mentally fit; and d.Has graduated from a Security Officer Training Course or its equivalent. Section 86. Security Officer. Section 86. Security Officer. The following are the additional qualifications and documentary requirements for LESP - Security Officer: a.Must be at least 25 years old; b.Must be at least a graduate of high school from any DepEd recognized secondary school whether public or private; c.Must have at least five years of security profession; and d.Must have finished Basic Security Supervisory Course.
- 14. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 There are no provision for the protection agents Section 84. Protection Agents. Section 84. Protection Agents. The following are the additional qualifications and documentary requirements for LESP- Personal Security Escort/ Protection Agent: a.Must be at least 21 years old; b.Must be at least a graduate of high school from any DepEd recognized secondary school whether public or private; and c.Must have finished Personal Security Escort/Protection Agent escort/ Protection Agent Course.
- 15. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 RULE V LICENSE TO EXERCISE PRIVATE SECURITY PROFESSION Section 13. Renewal of License d. All licensed security personnel must undergo in-service retraining at least once in every two (2) years preferably two months before his/her birth month. The certificate of in-service training shall be a prerequisite among others, for the renewal of license to exercise profession. Book IV. SECURITY PERSONNEL Book IV. SECURITY PERSONNEL Rule 27. Rule 27. In-Service Enhancement Training Course Required for Renewal Application All PSPs must undergo in- service enhancement training at least once in every five (5) years preferably three (3) years before the expiry of his/her LESP. The certificate of in- service enhancement training shall be a pre-requisite among others for the renewal of LESP.
- 16. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 Rule IV. License to Operate Part 1 Section 5. Membership c. The maximum number of private security personnel that a PSA/CGF/PDA may employ shall be one thousand (1000). Book V Book V Rule 33. Section 135 . Rule 33. Section 135 . Maximum number of PSP Maximum number of PSP The maximum number of private security personnel that a PSA, CGF or GSF may employ shall not be more than two thousand (2,000) security personnel.
- 17. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 Rule VII – USE OF FIREARMS Section 1. Provided that the number of firearms shall not exceed one (1) firearm for every two (2) security guard in its employ. No private security agency/ private detective agency /company security force/ government security unit shall be allowed to possess firearms in excess of 500 units. Book VI - FIREARMS, VEHICLES, CANINE Book VI - FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER UNITS, UNIFORMS, AND OTHER SECURITY HARDWARE AND EQUIPMENT SECURITY HARDWARE AND EQUIPMENT Rule 37. Rule 37. ACQUISITION AND USE OF ACQUISITION AND USE OF FIREARMS FIREARMS Section 143. Authorized Possession of Firearm/s. PSA/CGF/GSF shall be entitled to use and possess firearms after satisfactorily complying with the requirements authorized by the Chief, PNP pertinent to the possession of firearms, provided that the number of firearms shall not exceed one (1) firearm for every security guard employed.
- 18. COMPARATIVE MATRIX ON THE COMPARATIVE MATRIX ON THE SALIENT PROVISIONS BETWEEN SALIENT PROVISIONS BETWEEN REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 Rule VII – USE OF FIREARMS SECTION 2. Restriction to possess high-powered firearms. – A private detective agency/private security agency/ company security services/ government security unit is not allowed to possess high caliber firearms considered as military-type weapons such as M16, M14, cal .30 carbine, M1 Garand, and other rifles and special weapons with bores bigger than cal .22, to include pistols and revolvers with bores bigger than cal .38 such as cal .40, cal .41, cal .44, cal .45, cal .50, except cal .22 centerfire magnum and cal .357 and other pistols with bores smaller than cal .38 but with firing characteristics of full automatic burst and three-round burst. However, when such entities are operating in areas where there is an upsurge of lawlessness and criminality as determined by the Chief, PNP, Police Regional Office Regional Director or their authorized representative, they may be allowed to acquire, possess and use high-powered firearms under the following conditions: Book VI - FIREARMS, VEHICLES, CANINE Book VI - FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER UNITS, UNIFORMS, AND OTHER SECURITY HARDWARE AND EQUIPMENT SECURITY HARDWARE AND EQUIPMENT Rule 38. Rule 38. RESTRICTIONS AND RESTRICTIONS AND LIMITATIONS LIMITATIONS Section 148. Allowable Firearms for PSAs and CGFs. A PSA and CGF shall only be allowed to acquire and possess the following small arms: revolver or pistol, Caliber .38, .22, .25, 9mm, and shotgun.
- 19. REPUBLIC ACT 5487 REPUBLIC ACT 5487 REPUBLIC ACT 11917 REPUBLIC ACT 11917 Rule VII – USE OF FIREARMS SECTION 2. a.The acquisition of the high-powered firearms shall be at the expense of the private security agency/private detective agency/company security force/government security unit concerned; b.b. The firearms should first be registered with the Firearms and Explosives Division before issuance and shall not be used or transferred in places other than those specially authorized by the Director, CSG; c.The total number of high-powered firearms that an agency or security force/unit is authorized to possess shall not exceed ten percent (10%) of the total number of security guards of watchmen in its employ; and d.The duly licensed security guards or watchmen who will use the firearm shall first be given adequate training in the care and use thereof and will be under the supervision of qualified officers and men of the Philippine National Police. Book VI - FIREARMS, VEHICLES, CANINE Book VI - FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER UNITS, UNIFORMS, AND OTHER SECURITY HARDWARE AND EQUIPMENT SECURITY HARDWARE AND EQUIPMENT Rule 38. Rule 38. RESTRICTIONS AND RESTRICTIONS AND LIMITATIONS LIMITATIONS Section 149. Restriction to Possess Military-Type Weapons/Light Weapons. A PSA/CGF/GSF is not allowed to possess high caliber firearms considered as military type weapons such as M16, M14, cal .30 carbine, M1 Garand, and other rifles and special weapons with bores bigger than cal .22, to include pistols and revolvers with bores bigger than cal .38 such as cal .40, cal .41 , cal .44, cal .45, cal .50, except cal .22 centerfire magnum and cal .357 and other pistols with bores smaller than cal .38 but with firing characteristics of full automatic burst and three-round burst.
- 20. BOOK VIII BOOK VIII INSPECTION, ACTION, ARBITRATION, INSPECTION, ACTION, ARBITRATION, INVESTIGATION, AND ADJUDICATION INVESTIGATION, AND ADJUDICATION • RULE 57 – Conduct of Inspection • Section 263 - Authority to Conduct Inspection. The Chief, SOSIA or the authorized representative/s shall issue Letter Order authorizing the conduct of inspections. • Section 264. Composition of Inspection Team. The inspection team shall be composed of at least three (3) personnel led by a PCO or in case when there is no available PCO, the most senior PNCO shall act as the team leader: • 1. One (1) PCO - Team Leader; • 2. One (1) Senior PNCO -Assistant Team Leader; and • 3. One (1) PNCO- member.
- 21. BOOK VIII BOOK VIII INSPECTION, ACTION, ARBITRATION, INSPECTION, ACTION, ARBITRATION, INVESTIGATION, AND ADJUDICATION INVESTIGATION, AND ADJUDICATION • Section 267. Procedures in the Conduct of Post-to-Post Inspection. The following shall be followed by the Inspection Team on the conduct of Post-to- Post Inspection: 1. Inspection Team shall inspect the following: a. Duty Detail Order (ODO); (In possession of individual) b. LESP of each Security Personnel; c. Firearms and Firearms Registration (FR); d. Juridical L TOPF; e. Updated PSP Detail; and f. General Appearance: i. Uniform; ii. Equipment; and iii. Letter of Authority (LA) for Special Set of Uniform.
- 22. CONTINUATION… CONTINUATION… 2. During the conduct of actual post to post inspection, the documentary requirements shall be presented to the inspection team as required by SOSIA in accordance with RA No.11917 and this IRR; 3. Violations shall be noted and reflected on the Violation Ticket Report (VTR) prepared in four (4) copies, signed by the Team Leader, received by appropriate recipients, and distributed as follows: a.One (1) original copy for SOSIA; b.One (1) copy retained by the Inspection Team; c.One (1) copy for security personnel being inspected; and d.One (1) copy for the PSA, CGF, GSF, or PSTA. 4. Any violation of the provisions on firearms and ammunition under Book VI of this IRR shall warrant the confiscation of the subject firearm/s and ammunition. The justification, serial number, make and caliber of firearms, and the number of ammunition shall be indicated in the VTR; 5. Inspection Team shall inform the duty Security Officer or Operations Manager or Agency Operator of a PSA, CGF, GSF, or PSTA on the issuance of VTR and/or confiscation of firearms;
- 23. CONTINUATION… CONTINUATION… 6. Issuance of VTR shall be on a per PSP/PSA violation basis; 7. The inspection team shall conduct exit briefing to the security personnel concerned to ascertain acknowledgement and correction of violations Page 67 of 95 2022 IRR of RA No. 11917 noted and to recommend appropriate measures to improve their services; 8. Confiscation of an alleged fake LESP card shall be effected by the inspection team. Further verification shall be done at SOSIA to prove the card's authenticity. Holders of fake LESP shall be dealt with in accordance with law, rules and regulations; and 9. The inspection team shall issue violation ticket to any PSP who is directly hired by a company without a valid CGF LTO issued by the Chief, PNP through Chief, SOSIA.
- 24. BOOK VI BOOK VI FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER SECURITY HARDWARE AND EQUIPMENT SECURITY HARDWARE AND EQUIPMENT • RULE 42 – CONFISCATION OF FIREARMS Section 174. Grounds for Confiscation of Firearms Section 174. Grounds for Confiscation of Firearms Firearms owned and possessed by the licensed PST A, PSA, CGF, and GSF may be confiscated in any of the following instances: 1.Expired L TOPFs or no LTOPF; 2.Expired or unregistered firearms; and 3.Firearms with tampered, altered or obliterated Serial Numbers. Section 174. Other instances for Confiscation of Firearms Section 174. Other instances for Confiscation of Firearms Other than the grounds provided in the preceding section, any member of law enforcement agency, duly authorized by proper authority, may confiscate the firearm of a PSP and issue appropriate receipt thereof under the following circumstances: 1.When the firearm is about to be used in the commission of a crime; 2.When the firearm is actually being used in the commission of crime; 3.When the firearm has just been used in the commission of a crime; 4.When the firearm being carried by the security guard is unlicensed or a firearm is not authorized by law and regulation for his/her use; 5.When the confiscation of the firearm is directed by the order of the court; 6.When the firearm is used or carried outside the property, compound or establishment serviced by the agency without proper authority; and 7.In all the above cases, the confiscating officer shall immediately inform the agency concerned.
- 25. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 67 – SANCTIONS AGAINST PRIVATE SECURITY PROFESSIONALS Section 341. Light Offenses Section 341. Light Offenses Penalties and Fines Penalties and Fines 1. Unauthorized/Improper use of uniforms and accoutrements; 2. Use of profane languages; 3. Acts of discourteousness; 4. Failure to notify/call the nearest PNP station in case of disorders, riots or strikes, and other emergency cases; 5. Late or failure to maintain and/or submit records/reports; 6. Performing acts other than his/her official functions not related to security profession; 7. All acts prejudicial to good conduct, behavior, morals, and similar acts, pursuant to existing laws, rules and regulations; and 8. Other similar offenses. For light offenses. - One (1) to thirty (30) days suspension or a fine ranging from One Hundred Pesos minimum to Five Hundred Pesos maximum (PhP100.00-PhP500.00) or both;
- 26. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 67 – SANCTIONS AGAINST PRIVATE SECURITY PROFESSIONALS Section 342. Less Grave Offenses Section 342. Less Grave Offenses Penalties and Fines Penalties and Fines 1. Not having in possession his/her license to exercise profession, duty detail order, firearms license (when carrying firearms) and Certificate of Efficiency (CE) for K9 team while performing private security service; 2. Use of uniform not appropriate for one's position; 3. Violation of any of the 11 General Orders; 4. Illegal discharge of firearms; 5. Deliberate refusal to cooperate with the implementation of law enforcement activities; 6. Abusive behavior; 7. Being under the influence of liquor or any other intoxicating substance while on duty; and 8. Other similar offenses pursuant to existing laws, rules and regulations For less grave offenses. - One (1) month and one (1) day to six (6) months suspension or a fine ranging from Five Hundred Pesos minimum to One Thousand Pesos maximum (PhP 500.00 – PhP 1 ,000.00) or both; and
- 27. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 67 – SANCTIONS AGAINST PRIVATE SECURITY PROFESSIONALS Section 343. Grave Offenses Section 343. Grave Offenses Penalties and Fines Penalties and Fines 1. Using uniform other than those prescribed under these rules; 2. Using personally owned or unlicensed firearm during tour of duty; 3. Allowing the use/lending of issued firearms to unauthorized persons; 4. Assisting, abetting or protecting criminals while on duty or during off duty; 5. Unauthorized access/disclosure of classified information to any person; 6. Refusal to provide information to authorized persons; For grave offenses. Suspension, Cancellation or Revocation of license as determined by the SLRB and subject to the approval of the C, SOSIA
- 28. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 67 – SANCTIONS AGAINST PRIVATE SECURITY PROFESSIONALS Section 343. Grave Offenses Section 343. Grave Offenses Penalties and Fines Penalties and Fines 7. Illegal search; 8. Indiscriminate discharge of firearm; 9. Abuse or acting beyond the scope of authority; 10. Misrepresentation in the submission of documents for renewal of license; 11. Use of and/or employment of canine teams for purposes of committing threats, intimidation, coercion or any other crimes/offenses, including show of force; 12. Commission of crimes involving moral turpitude and other special laws; and 13. Other similar or analogous offenses pursuant to existing laws, rules and regulations. For grave offenses. Suspension, Cancellation or Revocation of license as determined by the SLRB and subject to the approval of the C, SOSIA
- 29. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 68 – SANCTIONS AGAINST PSA, PSTA AND CGF Section 346. Classification of Offenses Section 346. Classification of Offenses Section 347. Section 347. Penalties and Fines for PSA/PSTA/CGF Penalties and Fines for PSA/PSTA/CGF a. Light Offenses committed by PSA/PSTA/CGF shall include, but not limited to: 1) Late or failure to maintain and/or submit records/reports; 2) Posting security personnel not covered by written contract; and 3) Other similar offenses pursuant to existing laws, rules, and regulations. 1) Fine of PhP5,000.00 for first offense; 2) Fine of PhP10,000.00 for 2nd offense; and 3) Fine of PhP15,000.00 or revocation of License to Operate for 3rd offense. b. Less grave offenses committed by PSA/PST A/CGF shall include but not limited to: 1)Ordering its posted security guards to conduct illegal search; 2)Posting unlicensed personnel for duty; 3)Posting personnel not wearing the prescribed uniform; and 4)Other similar offenses pursuant to existing laws, rules and regulations. 1) Fine of PhP10,000.00 for 1st offense; 2) Fine of PhP20,000.00 for 2nd offense; and 3) Fine of PhP30,000.00 or revocation of license to operate for 3rd offense.
- 30. • RULE 68 – SANCTIONS AGAINST PSA, PSTA AND CGF Section 346. Classification of Offenses Section 346. Classification of Offenses Section 347. Section 347. Penalties and Fines for Penalties and Fines for PSA/PSTA/CGF PSA/PSTA/CGF c. Grave offenses committed by PSA/PSTA/CGF shall include, but not limited to: 1.When a falsified license is officially submitted by a private security agency to its prospective client in bidding or contracting for security services; 2.When a falsified document or report is submitted to the PNP as requirement for new or renewal of license to operate a PSA, PSTA or CGF; 3.When a PSA, PSTA or CGF has been found to be violating the minimum wage rates fixed by law that should be granted to their private security/company guards; 4.When the PSA, PSTA or CGF has been found to be engaging in activities that are dangerous to public safety and welfare or inimical to national security; 5.When a PSA, PSTA or CGF refuses to comply with the final and executory NLRC orders/decisions. This will be a ground for immediate revocation of license to operate; 6.When a PSA or PSTA has been found to have engaged in unethical business practices including cut-throat competition by offering lower administrative fees contrary to Section 9 of RA No. 11917 or lower contract rates that do not meet minimum wage rates for security services as prescribed by laws, rules and regulations-;- 1) Fine of PhP50,000.00 for 1st offense; 2) Fine of PhP100,000.00 for 2nd offense; and 3) Revocation of license to operate for 3rd offense.
- 31. • RULE 68 – SANCTIONS AGAINST PSA, PSTA AND CGF Section 346. Classification of Offenses Section 346. Classification of Offenses Section 347. Section 347. Penalties and Fines for PSA/PSTA/CGF Penalties and Fines for PSA/PSTA/CGF c. Grave offenses committed by PSA/PSTA/CGF shall include, but not limited to: 7. Use and/or possession of firearm that is personally owned by PSP or other person or entity other than the firearms of the PSA, PST A or CGF on duty having jurisdiction of the place being secured; 8. Issuing unlicensed firearm to the PSP; 9. Violation of Section 238 Para 4 Book VII of this IRR on the prohibition on "undercutting" as well as the prohibition on “Colorum/ Kabit" system; 10. Abuse or acting beyond the scope of authority; 11. Use and/or employment of security guard for purposes of committing threats, intimidation, coercion or any other crimes/offenses, including show of force; 12. Violation of Sections 237, 238, and 239, Book VII of this IRR as appropriate; and 13. Other similar offenses pursuant to existing laws, rules and regulations. 1) Fine of PhP50,000.00 for 1st offense; 2) Fine of PhP100,000.00 for 2nd offense; and 3) Revocation of license to operate for 3rd offense.
- 32. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 68 – SANCTIONS AGAINST PSA, PSTA AND CGF Section 349. Administrative Fines for PSA Section 349. Administrative Fines for PSA Penalties and Fines Penalties and Fines Wearing of unprescribed uniform by posted security personnel PhP1 ,000.00 per guard for 1st offense; PhP2,500.00 per guard for 2nd offense; PhP5,000.00 per guard for 3rd and succeeding offenses. Posting security personnel not carrying their License to Security Profession, Firearms Exercise License, Duty Detail Orders and Certificate of Efficiency PhP1 ,000.00 per guard for 1st offense; PhP2,500.00 per guard for 2nd offense; PhP5,000.00 per guard for 3rd and succeeding offenses. Imposing and collecting unauthorized deductions from the salary of their security guard PhP1 ,000.00 per guard for 1st offense; PhP2,500.00 per guard for 2nd offense; PhP5,000.00 per guard for 3rd and succeeding offenses. Failure to submit application and requirements for the renewal of license on prescribed date PhP2,500.00 plus PhP50.00 for every day of delay if filed before expiration of L TO; An addition of PhP5,000.00 plus PhP100.00 for every day of delay not to exceed sixty (60) days, if filed after expiration date of L TO.
- 33. BOOK IX BOOK IX VIOLATIONS, PENALTIES, FINES, AND PENAL VIOLATIONS, PENALTIES, FINES, AND PENAL PROVISIONS PROVISIONS • RULE 70 – PENAL PROVISIONS Section 362. Administrative Fines for PSA Section 362. Administrative Fines for PSA Practicing Private Security Profession without Valid or with Expired License. Any person practicing private security profession without a valid license or with an expired license shall suffer the penalty of a fine of not less than Fifty Thousand Pesos (PhP50,000.00) and not more than One Hundred Thousand Pesos (PhP100,000.00) at the discretion of the Chief, SOSIA. The same penalty shall be imposed upon a PSA which shall deploy any person practicing private security profession without a valid license or with an expired license.
- 34. “ “IN THE AGE OF IN THE AGE OF INFORMATION, INFORMATION, IGNORANCE IS A IGNORANCE IS A CHOICE” CHOICE”
- 35. Thank you