PRESIDENTIAL DECREE NO. 1919, April 28, 1984
AMENDING FURTHER REPUBLIC ACT NUMBERED FIFTY FOUR HUNDRED EIGHTY SEVEN OTHERWISE KNOWN AS “THE PRIVATE SECURITY AGENCY LAW”
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;
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
145,000 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 population represented by the members of their families,
thereby constituting a very significant portion of the livelihood program of the
country.
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 letter may
amount to excessive penalty resulting to the loss of capital investment of
security business firms and dislocation or lay off of their gainfully employed
security guards regardless of the nature/gravity of the offense committed or
degree of delinquency;
WHEREAS, there is a need to introduce the concept of
administrative fines based on the degree of 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;
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:
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.”
SEC. 2.—Section 18 of Republic Act No. 5487 as amended is
further amended by providing a third paragraph thereof, to read as follows:
“Any provision of this or other law to the contrary notwithstanding, the
Chief of Constabulary or 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.”
SEC. 3.—Paragraph 3 of Section 8 of Republic Act 5487, as
amended is further amended to read as follows: “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 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 guard as herein denned, shall not pay the fees nor file
the bonds herein .prescribed.”
SEC. 4.—Paragraph 1 of Section 16 of Republic Act 5487 as
amended is further amended to read as follows: “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 to 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President: (Sgd.)JUAN C. TUVERA Presidential Executive Assistant