GUIDELINES AND PROCEDURES FOR SECURITY AGENCIES IN THE DEPLOYMENT OF SECURITY PERSONNEL ON PROPERTIES/ESTABLISHMENTS WITH CONFLICTING CLAIMS, OWNERSHIP, MANAGEMENT OR ADMINISTRA…

II. REFERENCES:

a. Revised Rules of Court;
b. RA 5487, as amended, and its IRR;
c. Other applicable Policies, Issuances; and Rules and Regulations of Regulatory Agencies and Quasi-Judicial Bodies.

III. BACKGROUND:

There have been several instances where some clients have utilized
private security guards as members of a private army to enforce their
claims against another party or to demand that someone else be excluded,
which resulted in armed confrontations, violence, injuries and death.
Likewise, other clients have exploited these security guards and used
them to harass civilian sympathizers, supporters,
possessors/administrators/owners of properties or establishment and
even members of the local police units where these
properties/establishments are located. Usually, when the conflict
arises, both parties would ask relevant authority(ies) to take their
sides.

IV. PURPOSE:

These procedures are promulgated to prescribe the guidelines for
the conduct of activities of security personnel of concerned security
agencies in any property or establishment of their clients under
existing security services agreement (SSA) or any other kind of
arrangement and is the subject of conflicting claims, ownership,
management, administration of properties or establishments in order to
ensure the preservation and maintenance of peace and order and the
protection of lives thereat before, during and after judicial,
quasi-judicial or administrative action(s) or issuance of appropriate
applicable legal order(s).

V. POLICIES:

1. Private security personnel shall always protect all lives and
properties or establishments they are assigned to do so, preserve and
maintain peace and order thereat and assist local authorities in
securing the stability of the government; and,

2. Private security personnel shall not be used, in any manner
whatsoever, by their clients as a tool for oppression, violence and any
other acts that are against public order and/or inimical to national
interest.

VI. SCOPE OF APPLICATION:

These procedures shall apply in any property or establishment of a
client of private security agency (PSA) under security services
agreement (SSA) or security contract or any other kind of arrangement
and is the subject of conflicting claims, ownership, management or
administration, and shall serve to guide all security agencies and its
guards in dealing with any persons having interest in, rights to enjoy,
possess over such properties/establishments.

VII. DEFINITION OF TERMS:

1. Private security personnel – shall be natural persons which
include private security guards, private detectives, security
consultants, security officers and others that may be classified later,
rendering/performing security and/or detective services as employed by
private security agencies and/or private firms (Section 1g, IRR of RA
5487).

2. Order – a mandate; precept; command or direction authoritatively
given. Direction of a court or judge made or entered in writing and not
included in judgment, which determines some point or directs some step
in the proceeding (Black’s Law Dictionary, Sixth Edition).

3. Quasi-judicial – a term applied to the action, discretion, etc.,
of public administrative officers or bodies, who are required to
investigate facts, or ascertain the existence of facts, hold hearings,
weigh evidence and draw conclusions from them, as a basis for their
official action and exercise discretion of a judicial nature.

4. Sheriff – a court officer of a general character who exercises
or can exercise his functions within the limits of his jurisdiction
(Philippine Law dictionary, Third Edition).

5. Writ – a written court order or a judicial process, directing
that a sheriff or other judicial officer to do what is commanded by the
writ, or giving authority and commission to have it done (Black’s Law
Dictionary, Sixth Edition).

6. Complainant – a natural or juridical person who was aggrieved,
or injured as a result of an act or omission of another person.

7. Incumbent PSA – the security agency currently hired/posted prior to the issuance of the Order.

8. New PSA/Subsequent PSA – security agency hired/contracted after
the issuance of an Order from the court, quasi-judicial agencies or
administrative bodies.

VIII. PROCEDURE(S):

1. In the maintenance of peace and order, protection of lives and
properties, and provision of appropriate assistance to local
authorities, private security personnel are reminded to observe, adhere
to, and comply with Rule X (Professional Conduct and Ethics); Rule XII
(Utilization of Private Security Agencies and Personnel), Rule XIII
(Powers and Duties), Rule XIV (Reports and Records), and Rule XVIII
(Duties during Strikes and Lockouts), all under the IRR of RA 5487, as
amended.

2. Additionally, in the event of a conflicting claim, ownership,
administration or management, private security personnel shall adhere to
the following provisions subject to the prevailing
circumstances/situations before, during and after the issuance of the
legal order from court, quasi-judicial or administrative bodies to wit:

A. Before Legal actions/Issuances and implementation of Orders

1. It is the responsibility of authorized officers/or owners of
PSAs to ensure that all their security personnel are cognizant with the
aforementioned rules.

2. The incumbent PSA must inform the Chief, SAGSD about the
existence of conflicting claim, ownership, management or administration
of properties/establishments which may result to a violent incident. Any
fast and available means of communication must be resorted to. Attached
are prepared checklists and the forms and contents of letter to inform
for the reference of the PSAs.

3. Should there be any complaint filed by a security agency
against another before SAGSD as a result of the existing conflict, same
shall be referred to PAD PAO for arbitration and adjudication of the
issues raised. All settlement made between or among the parties shall be
made in writing signed by the parties and attested by the President of
PAD PAO. The Regional PAD PAO offices shall take cognizance of cases
having similar circumstances in their respective areas of jurisdiction.
Complaint shall only be referred back to SAGSD in case there is no
conciliation or settlement reached by the parties and in such a case,
PAD PAO shall issue a certification citing the result thereof.

4. The complaint filed before SAGSD shall be accompanied by a
certification issued by PAD PAO before an investigation shall be
conducted. However, in adherence to the principle of exhaustion of
administrative remedies, SAGSD as it may deem necessary, before formal
investigation, shall initiate the creation of a body that shall be
composed of authorized representatives from concerned agencies of the
government, PAD PAO, security agencies and the contending parties. This
bod y, together with other relevant offices, or agencies may be tapped,
to resolve existing issues/concerns pertaining to peace and order affecting the property/establishment and/or personnel, employees,
residents thereat. The body may formulate its own rule specific to the
conflict to be resolved and consistent with RA 5487, and other
applicable laws.

5. No PSAs shall enter into a contract with any client whose
property/establishment has an existing conflict of claim, ownership,
management or administration of properties/ establishments with another
party, without the written permission from the police office that has
jurisdiction of the property/establishment, clearance from the court,
quasi-judicial or administrative body having jurisdiction over the case,
and the Chief, SAGSD, considering the dangerous tendency rule which is
akin to the maintenance of public order. In any case, security service
agreement (SSA)/security contract must contain a provision that in case
there is an existing conflict of claims, the hired PSA’s shall
automatically terminate its services without any liability on its part.

6. The incumbent PSA shall be directly responsible in the posting
of uniformed security guards and should refrain from abetting or
assisting any act of its currently recognized client that is considered
contrary to law, morals, good customs, public order or public safety so
as to avoid possible confrontations between the contending parties that
could lead to chaos, injuries, loss of lives and/or damage to
properties.

7. The incumbent PSA shall, with the diligence required by the
prevailing circumstances/ situations within the property/establishment,
maintain status quo ante and continue to carry out its duties
and obligations to the currently recognized client based on the security
services agreement they entered into until the issuance of legal orders
terminating its SSA or the expiration of the same, whichever comes
first.

8. Without valid order from courts or quasi-judicial or
administrative bodies, incumbent PSA should not unilaterally exclude the
complainant, its employees/residents from access to
property/establishment because of conflict, but may initiate appropriate
control measures on their entry and exit without jeopardizing the SSA
they entered into with the currently recognized client.

9. The incumbent PSA shall not, in any manner whatsoever, bring
in additional number of security personnel contrary to the SSA
provisions, especially those that are not organic to the agency.
Expanding the guard force may increase opportunities for hostile
actions.

10. The incumbent PSA must fully understand the need to balance
the interests and responses to the requests of contending parties for effective security management of the property/establishment.

11. The incumbent PSA must consider the unique characteristics of
the community where the property/establishment is located such as
traffic flow, specialized facilities, specific by-laws and
residents’/employees preferences in implementing access control measures
thereat.

12. All issued high-powered firearms to security guards manning
the property/establishment must be recalled immediately and be stored
at agency’s firearms safety vault. PSA may encounter a situation in
which both contending parties are contract tenants of a
property/establishment owned by an innocent third party. The principle
of maximum tolerance and compassion are hereby encouraged among the
parties to avoid jeopardizing the rights of the third party.

13. PSA must not put the employees or residents of property/establishment at risk between feuding parties.

B. During the Implementation of Order(s)

1. The incumbent PSA, if still operating, and/or the newly
contracted PSA must look for ways to maintain an open channel of
communication with their clients and other parties involved to receive
and share information, especially the implementation of valid/effective
legal action or order from competent authority concerning the conflict.

2. New/incoming PSA shall not deploy their security personnel for
the implementation of any order or writ issued by a court or
quasi-judicial bodies unless requested in writing by the designated
Sheriff and with the approval of the Chief, SAGSD for the National
Capital Region or Chief, ROPD in regions to enforce the order and the
presence of such security personnel is needed for the protection and
preservation of the property involved and to maintain peace and order.

3. Upon receipt of a legal order or knowing the existence of
legal action, the on-ground authorized representative of incumbent and
new PSA(s) shall immediately disseminate the contents of the order to
all assigned private security personnel, explaining in details the
implications of such an order. Should they fail to get one after having
been informed of its issuance or existence, they must officially secure
it from the issuing authority or other parties involved.

4. The request for approval of the Chief, SAGSD or Chief, ROPD
for the deployment of security personnel shall be accompanied by the
copy of the writ and the request of the Sheri ff for the need of
security personnel. Applicant PSA shall keep SAGSD or FESAGS informed of
any subsequent/further or interlocutory or final order(s) concerning
the conflict. Coordination with the local police that has jurisdiction
of the area shall be made prior to deployment of security guards.

5. Security personnel designated to be deployed shall be in
proper uniform with visible nameplates and their license to exercise
profession (LTEP) ID’s and shall not carry high powered firearms.

6. New PSAs should deploy/post security guards who are trained
and has the experience in dealing with the public under a stressful
situation. PSA’s may replace, reshuffle guards with similar
qualifications to maintain same level of effectiveness in the
performance of duty.

7. The incumbent/new PSAs should address significant peace and
order issues/concerns of the contending parties without having to call,
from time to time, for police assistance/local authority but shall
always be in the look out for suspicious behavior, possible emergency
cases or traffic problems under current situation.

8. The incumbent/new PSAs must alienate itself from the legal
issue of the case despite their client(s) interest in the conflict. They
shall participate as working partners of the caretaker/management
committee/interim administrator, in providing equity of access in the
use/employment/enjoyment of the property/establishment and the promotion
of security in their common environment.

9. Any PSA, whether incumbent or new, must heed to the legal
order/call from the competent authority, requiring it to
vacate/change/modify its current posts for justifiable reasons or
authorized causes. The same is true with the new PSA, if ordered to do
so by competent authority.

10. SAGSD personnel, if authorized to conduct an ocular
inspection or for any authorized transaction in the contested
property/establishment, shall exercise utmost caution in order to
level-o ff the understanding of all parties involved in the conflict.
They shall remain neutral throughout the implementation of any legal
action/order.

11. No security personnel shall be actively involved in
demolition, removal, destruction or recovery of the
properties/establishments/physical structures, they shall only ensure
that no property shall be stolen, looted or taken from the premises.

12. PSA should provide escort guard(s) for all authorities
involved in the resolution of conflict and restrict visit of
unauthorized areas known to be sensitive and can offer a venue for
violence to erupt.

C. After the Implementation of Legal Action/Order

1. The SAGSD or its authorized representatives reserves the right
to conduct post-to-post and administrative inspection anytime
throughout the period of conflict.

2. Following the final order of the court, quasi-judicial or
administrative body, both the incumbent PSA and the new PSA must assist
in the conduct of peaceful turnover of property/establishment to the
party adjudged to be the rightful owner, manager or administrator. The
PSA whose client has lost the case should relinquish peacefully and
properly its authority to the PSA of the winning party.

IX. SANCTIONS:

Without prejudice to the filing of appropriate criminal action, the
following penalties shall be imposed after investigation to any
security personnel or private security agencies found guilty of
violating any of the above provisions:

1. For first offense – fine of fifty thousand (P50,000.00) pesos
for PSA and six (6) months suspension to exercise profession for
security personnel;

2. For second offense – fine of one hundred thousand
(P100,000.00) pesos for PSA while suspension to exercise profession for
one (1) year for the security personnel;

3. For third offense – cancellation/revocation of license to operate or exercise profession.

X. EFFECTIVITY:

This Standard Operating Procedure shall be effective fifteen (15)
days following the completion of its publication in at least two (2)
newspapers of general circulation nationwide.

Adopted: 11 Nov. 2008

(SGD.) JESUS A. VERZOSA
Police Director General Chief PNP