Professional Documents
Culture Documents
OF
REPUBLIC ACT NO. 11917
(The Private Security Services Industry Act)
WHEREAS, Republic Act (RA) No. 11917, otherwise known as "THE PRIVATE
SECURITY SERVICES INDUSTRY ACT", lapsed into law on July 30, 2022, in
accordance with Article VI, Section 27 (1) of the Constitution;
WHEREAS, Chapter V, Section 17 of RA No. 11917 further provides that 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;
NOW THEN, the Chief, PNP, pursuant to the said mandate of the law, and after due
public hearings and consultations, hereby promulgates the following Implementing
Rules and Regulations (IRR) to carry out the provisions of the said Act:
BOOKI
PRELIMINARY AND GENERAL PROVISIONS
RULE 1
DECLARATION OF POLICY
"The State recognizes the vital role of the private sector in the protection of the
people and safeguarding of property as well as in the maintenance of peace
and order in the country. Towards this end, the State shall adopt measures to
strengthen the regulation of private security services industry and establish
quality standards to ensure competent private security personnel and
professionals that complement our law enforcement authorities in the
preservation of public order in the country".
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RULE2
DEFINITION OF TERMS
Section 3. Definition. For purposes of and when used in this IRR, the following
terms shall be construed in the sense indicated herein or elsewhere in these Rules
unless the context of a particular section clearly indicates that a different sense or
meaning is intended:
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proprietorships, partnerships, corporations, cooperatives, and other
associations.
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detect
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s. Company Guard Force (CGFJ- refers to a security unit established
and operated by any non-government business entity whose primary
business is not security service, utilizing any of its employees to
watch, secure, or guard or manage security services for the protection
of its business establishment, premises, compound, or properties;
Provided that, it possesses a valid LTO to legitimately exist and
operate.
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government entities with appropriate plantilla positions.
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bb. Interlocking Interest- refers to multiple ownership in various business
organizations like sole proprietorship, partnership, or corporations.
dd. Kennel Master- refers to a person responsible for the daily care of
canine and maintenance of kennel facility.
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personnel,
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LESP category, LESP ID number, educational attainment, and issued
firearms.
kk. Person- refers to natural or juridical persons, such as but not limited
to sole proprietorships, partnerships or corporations, duly organized
and registered with the appropriate government agency, including any
juridical entity as defined in this IRR.
oo. Private Detective (PD)- refers to any licensed natural person who
performs detective and investigative work for hire, reward or
commission, other than members of the Armed Forces of the
Philippines (AFP), guards of the Bureau of Jail Management and
Penology (BJMP), municipal or city jail guards, and members of the
PNP or of any other law enforcement agency of the government.
rr. Private Security Industry (PSI)- refers to the industry that is engaged
in providing security consulting, management, administration,
operation, and provision of private or company watchman, guarding,
investigative/protective/detective services, security training, canine
security, armored vehicle security services, alarm system monitoring
services, closed-circuit television (CCTV) suppliers and other
providers of security hardware, security hardware operation, personal
protection services, security consultant.
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private, public or GOCCs to engage his/her/its service or those of
his/her/its security guards, for hire, commission or compensation
through subscription or as a consultant/trainer to any private or public
corporation.
vv. Private Security Training Programs (PSTPJ- refer to the training and
academic programs and courses duly approved or prescribed by the
PNP and adopted by the Technical Education and Skills Development
Authority (TESDA). It shall include the pre-licensing training
requirements of individual security guards and other security
personnel, the periodic and non-periodic in-service skill refreshers for
such security personnel, and other specialized, individual or group,
private security personnel skills development.
xx. RCSU- refers to the Regional Civil Security Unit of the Civil Security
Group. For purposes of this IRR, the Chief, RCSU is the official
representative of the Chief, SOSIA in their respective territorial
jurisdictions.
yy. Revocation of License- refers to the action of the Chief, PNP or his
duly authorized representative, of invalidating a license, after due
process, for the licensee's culpable violation of applicable provisions
of RA No. 11917, this IRR, or relevant issuances.
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bbb. Security Hardware and Systems Designers and Planners- refer to
licensed natural persons who specialize in the design of security
systems using a combination of security software and hardware to
address security requirements of a facility and possess the training
requirements for their proper operation and maintenance.
eee. SOSIA- refers to the Supervisory Office for Security and Investigation
Agencies of the PNP. It is the office primarily responsible for issuance
of licenses to and regulation of PSPs, PSTAs, PSAs, CGFs, and
GSFs.
ggg. SOSIA Security Training Board (SSTB)- refers to the policy making
body with regulatory functions to study, review, and formulate training
programs to be offered by PSTAs in the development of knowledge,
skills, values, and attitudes of private security professionals, as well as
prescribe policies, guidelines, and procedures to governing the same,
subject to the approval of the Chief, PNP through Chief, SOSIA.
hhh. SOSIA Awards and Recognition Board (SARB)- refers to the policy
making body with the regulatory functions to study, review, and
deliberate the conferment/grant of appropriate award and other forms
of recognition to qualified and deserving PSPs/PSTA/CGF/GSF,
accredited national private security associations, and such other
entities in the security industry, subject to the approval of the Chief,
PNP through Chief, SOSIA.
iii. SOSIA Uniform and Equipment Board (SUEB)- refers to the policy
making body with regulatory functions to study, review, and design
uniforms and equipment for PSPs in the performance of their duty,
and prescribe policies, guidelines and procedures, governing the
same, subject to the approval of the Chief, PNP through Chief,
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SOSIA.
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jjj. Special Duty Detail Order (SDDO)- refers to a written order issued by
the Chief, PNP or his authorized representative to allow a PSA to
deploy protection agents as SOSIA may define.
RULE3
TYPES OF
LICENSES
Section 5. Two (2) Types of Licenses. The two (2) types of licenses being issued
by the Chief, PNP through Chief, SOSIA, for a person's or juridical entity's
engagement in the private security industry are as follows:
1. License to Exercise Security Profession (LESP)- a license issued by the
Chief, PNP through Chief, SOSIA to a private security professional
allowing him/her to exercise security profession; and
2. License to Operate (LTO)- a license issued by the Chief, PNP through
Chief, SOSIA to a natural person or juridical person allowing him to
operate and manage a business engaged in providing security services.
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).
Section 7. Categories of LESP. The following are the categories of the LESP and
their restrictions:
1) Private Security Training Agency Personnel:
a. Training Director;
b. Training Officer;
c. Training Instructor;
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Section 8. Four (4) Classes of LTO. The four (4) classes of LTO are as follows:
1) Private Security Training Agency;
2) Private Security Agency;
3) Company Guard Force; and
4) Government Security Force.
A business entity may establish one (1) PSA which may provide one or more
categories of security services covered by distinct and separate LTO: Provided that
they shall not employ more than 2,000 Private Security Professionals.
RULE4
VALIDITY OF
LICENSE
Section 10. Validity. The validity of licenses shall be as follows unless sooner
-.--:· suspended, revoked or cancelled:
a. The LESP of duly qualified PSPs shall be valid for a period offive (5)
years from the date of issuance;
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Section 11. Renewal. A license may be renewed or cancelled on any of the following
instances;
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
c. The LTO of PSTAs, PSAs, and CGFs that fail to file for renewal of LTO
sixty (60) days after its expiry date shall automatically be canceled and
the said PSTAs, PSAs, and CGFs shall be issued with Cease-to-Operate
Order by the approving authority.
RULES
AUTHORITY OVER
LICENSES
Section 12. Authority on LESP and LTO. Chief, PNP through the Chief, SOSIA shall
have the authority to approve or disapprove applications for LESPs and LTOs.
Section 13. Authority to Suspend, Revoke, or Cancel LESP and LTO. The Chief,
PNP through the Chief, SOSIA shall have the authority to suspend, cancel, or revoke
LESP and LTO: Provided, that suspension, cancellation, and revocation of a license
be made only after deliberation, with strict observance of due process, of SOSIA
License Revocation Board (SLRBJ:Provided further, that suspension, cancellation, or
revocation of a license shall be approved by the Chief, PNP through the Chief,
SOSIA based on the recommendation of the SLRB: Provided finally, that suspended,
cancelled, or revoked licenses may be restored upon appeal of the licensee and
upon SLRB determination of the merit of the appeal through deliberation and
issuance of a resolution to be approved by the Chief, PNP through the Chief, SOSIA.
RULES
PRE-LICENSING TRAINING REQUIREMENT
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RULE7
STANDARD QUALIFICATIONS AND DOCUMENTARY REQUIREMENTS
Provided that new LESP applicants for other specific categories of LESP shall
possess and submit additional qualifications and requirements as may be required
by SOSIA.
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b. For Juridical Entity -
i. Certificate of Registration issued by SEC, CDA, or
equivalent government agency; and
ii. Relevant documents indicating the name of Applicant with
valid Security Manager LESP as part owner or holder of at
least one (1) share of stock with voting rights (e.g.
SEC=Articles of Incorporation; CDA=Approved By-laws,
etc.).
c. For Government Entity -
i. The law highlighting the provision of its creation or
establishment.
Financial Requirements:
4. Bank Certification/Statement or Treasurer's Certificate indicating at least
One Million Pesos (PhP1,000,000.00) of available funds;
5. Bond, with coverage amount of at least Fifty Thousand pesos
(PhPS0,000.00), issued by competent reputable surety, fidelity, or
insurance com an dul accredited b the Insurance Commission;
Staffing Requirements:
6. LESPs of the required PSP staff (at least one (1) Operation Officer and
one (1) Admin Officer);
7. Training Certificate of the Licensee Security Industry Regulation Seminar
(SIRS) by SOSIA (Original and Photocopy Authenticated by STMD,
SOSIA) as necessary;
8. Valid SO/SC LESP of the Licensee and Staff (Original or
Authenticated Photoco as necessa ;
Facilities Requirements:
9. Proof of Ownership of Office /Lease Contract of Property (valid for at
least one (1) year);
10. Appropriate facilities based on the nature of the security service;
11. Ins ection Re art; and
Equipment Requirements:
12.A ro riate and sufficient e ui ment for efficient o eration.
Documentary Requirements:
1. Valid Securit er LESP;
Legal Requirements:
2. Appropriate business/ company registration documents from DTI, SEC,
CDA, or equivalent government agency indicating the name of Operator
as proprietor, President, at least 1% stockholder with voting rights, or
its equivalent;
3. Annual Income Tax Returns (ITR);
4. Value Added Tax (VAT) Payments;
5. Previous LGU business permit;
6. SSS, PhilHealth, Pag-lBIG registration;
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Financial Requirements:
7. Authenticated Bank Certification/Statement or Treasurer's Certificate
indicating at least PhP1,000,000.00 of available funds;
8. Bond, with coverage amount appropriate to the number of PSPs
employed, issued by competent reputable surety, fidelity, or insurance
com an dul accredited b the Insurance Commission;
Staffing Requirements:
9. LESPs of the required PSP staff (at least one (1) Operation Officer and
one (1) Admin Officer);
10. A ro riate certificates of the re uired PSP staff;
Facilities Requirements:
11. Proof of Ownership of the Office/Lease Contract of Property (valid for at
least one (1) year);
12. Ins ection Re ort; and
Equipment Requirements:
13.A ro riate and sufficient e ui ment for efficient o eration.
RULES
EXEMPTION, LIMITATIONS, AND PROHIBITIONS TO LICENSES
Section 20. Exception for Clerical or Manual Work. No person shall engage in the
operation, management, direction, and/or conduct of a PSA, CGF, GSF, or PSTA
without a valid LESP except those employed solely for clerical or manual work or
office rank and file personnel. Provided, that supervisory and managerial office
personnel shall be required to possess their respective LESP.
RULES
PROCESSING OF APPLICATION FOR LESP AND LTO
Section 22. Who shall Process. All applications for LESP or LTO shall be processed
by SOSIA and/or SAGSS, RCSU.
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RULE10
ISSUANCE OF LTO AND LESP IDENTIFICATION CARD
Section 24. Issuance of LTO. It shall be issued to an applicant, which has complied
with all the standard qualifications and documentary requirements after payment of
fees as prescribed by SOSIA. The LTO shall bear the signature of the Chief, SOSIA,
as the authorized representative of the Chief, PNP, indicating that the juridical entity
and agency operator named therein are entitled to operate a security service so
specified in the license.
Section 25. Issuance of LESP Card. It shall be issued to an applicant, who has
complied with all the standard qualifications and documentary requirements after
payment of fees as prescribed by the Chief, PNP through Chief, SOSIA. The LESP
card shall bear the signature of the Chief, SOSIA indicating that the person named
therein is entitled to exercise a security profession so specified in the license.
RULE 11
POSSESSION AND DISPLAY OF LICENSE
Section 26. Possession of LESP Card. All PSPs, while in the exercise of their
profession, shall have in their possession a valid LESP Identification Card.
Section 27. Display of LTO. All PSTAs, PSAs, CGFs, and GSFs shall, at all times,
display and post a copy of its valid LTO in a conspicuous place in the business
establishment or office premises of its official business address and at all its
registered branch offices together with other mandatory business licenses and
permits.
BOOK II
TRAINING PERSONNEL
RULE12
LESP FOR TRAINING PERSONNEL
Section 28. Categories of LESP for Training Personnel. The following are the
categories of LESP for training staff:
1) Training Director;
2) Training Instructor; and
3) Training Officer.
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RULE 13
PRE-LICENSING AND ENHANCEMENT TRAINING PROGRAM FOR TRAINING
PERSONNEL
Section 30. Creation and Composition of the SOSIA Security Training Board
(SSTB). SOSIA shall organize the SSTB which shall have the following composition:
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Section 31. Powers and Functions of the SOSIA Security Training Board (SSTB).
The SSTB is hereby vested with the following specific powers and functions:
1. Prescribe, review, and/or modify the essential requirements and
courses of the Pre-Licensing Training Program (PLTP) and its Program
of Instruction (POI) for Private Security Professionals;
2. Prescribe guidelines and criteria for the Continuing Professional
Education (CPE) for Private Security Professionals; and
3. Craft and recommend policies and procedures pertaining to trainings
for Private Security Professionals.
RULE14
ADDITIONAL QUALIFICATIONS AND DOCUMENTARY REQUIREMENTS
FOR LESP-TRAINING PERSONNEL
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Section 36. Additional Qualifications and Documentary Requirements for
Renewal of LESP-Training Officer. In addition to the standard qualifications and
documentary requirements, an applicant for renewal of LESP-Training Officer must
be a graduate of Continuing Security Management Training and Refresher Course
for Private Security Training personnel administered by SOSIA and shall submit the
corresponding certificate for such training.
Section 40. Issuance of LESP-Training Personnel. When all requisites for the
issuance of LESP have been complied with, corresponding LESP Card shall be
issued upon payment by the applicant of applicable fees.
BOOK Ill
PRIVATE SECURITY TRAINING AGENCY (PSTA)
RULE15
ORGANIZATION OF PSTA
Section 42. Who may Organize a PSTA. The following may organize a PSTA and
provide security training services:
1. A Filipino citizen; or
2. A juridical entity wholly owned and controlled by Filipino citizens.
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Section 43. Requirement to Operate a PSTA. No PSTA shall be allowed to conduct
training to private security professionals without securing a License to Operate from
the Chief, PNP through Chief, SOSIA.
RULE 16
ISSUANCE OF LESP-TRAINING DIRECTOR
RULE17
ISSUANCE OF LTO-PSTA
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Section 47. Requirements for Renewal of Application of LTO-PSTA. An
applicant for LTO-PSTA must possess the standard qualifications and submit the
documentary requirements provided in Section 19 of this IRR except that the
amount of Bank Certificate shall be PhP500,000.00 only.
RULE 18
INSPECTION REQUIREMENT
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Re-inspection shall be scheduled and conducted based on the existence of
any non-compliance, non-conformity, deviations, and/or deficiencies. Re-inspection
shall be conducted until the Pre-Licensing Inspection Team deems the PSTA to have
satisfactorily complied with all mandatory requirements for a PSTA to be issued LTO.
Section 51. Issuance of LTO-PSTA. Any application for new/renewal of LTO shall
be approved upon satisfactory compliance with inspection requirements and the
corresponding LTO-PSTA signed by the Chief, PNP through Chief, SOSIA shall be
issued. Date of LTO validity shall be based on the actual date of release of the LTO.
Section 53. Issuance of Letter of Authority. The Chief, PNP through Chief, SOSIA
shall issue the appropriate Letter of Authority upon approval based on satisfactory
compliance with the training inspection requirements.
Section 55. Issuance of Letter Order for Training Inspection. Chief, SOSIA or his
authorized representative shall issue the appropriate Letter Order designating a
Training Inspection Tearn and its members.
Section 56. Conduct of Training Inspection. The Training Inspection Team shall
inspect the following:
1. Training Schedule;
2. Appropriate facilities (e.g. shooting range for marksmanship/gun safety
seminar, etc.);
3. Appropriate equipment; and
4. Appropriate training aids.
RULE19
CATEGORIES OF PRIVATE SECURITY TRAINING
Section 59. Specialized Training Programs. Include programs and courses other
than those described in other training categories which are designed to develop
previously-gained skills and knowledge, designed to augment or expand current skills
and knowledge, and/or designed to develop current skills and knowledge to suit
identified future applications. These include but are not limited to such courses as the
Intelligence/Investigator Training Course, Crisis Management Course, PersonalNIP
Security Training Course, Armored Car Crew Training Course, Bank Security
Training Course, and Aviation Security Specialist Course, First Responder Training,
Bomb Identification/Awareness and other emerging relevant courses as determined
by the SSTD and approved by Chief, SOSIA.
Section 60. Other Trainings. Clients of the PSA may require other trainings and
seminars for security personnel. Provided that expenses for such trainings and
seminars shall be borne by the clients.
RULE 20
PROCESSING AND ISSUANCE OF LETTER OF AUTHORITY (LOA)
Section 61. Who shall issue Letter of Authority (LOA). The Letter of Authority shall
be issued by Chief, SOSIA upon compliance of the PSTA with the requirements set
forth for that purpose. Provided further, that SOSIA shall formulate policy and
guidelines for this purpose.
Section 62. Validity of the Letter of Authority (LOA). The LOA shall be valid
either:
1. One (1) year from the time of its issuance; or
2. After the conclusion of the approved number of classes or number of
students, whichever comes earlier.
.,... .-..
. "
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RULE 21
CONDUCT OF PRIVATE SECURITY TRAINING
Section 64. Opening and Closing of Training Class. Opening and closing of private
security training class shall be administered by SOSIA/RCSU personnel who shall be
covered by appropriate Letter Order issued by Chief, SOSIA; Provided, that the
PSTA concerned shall submit the list of participants containing the following data
(name of student, age, sex, height, status educational attainment, agency, address)
to SOSIA after 48 hours from the opening day.
Section 65. Submission of After Training Report. The PSTA concerned shall
submit an After Training Report in a prescribed format to STMD, SOSIA within 72
hours after the conclusion of training.
RULE 22
OFF-SITE TRAINING
Section 68. Letter of Authority for Off-site Training. Guidelines for the issuance
of LOA for Off-site Training (OST) shall be formulated and prescribed by the
SSTB subject to the approval of Chief, SOSJA.
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RULE 23
PROFESSIONALIZATION OF THE PSP
It shall also include enhancement trainings, such as but not limited to,
supervisory trainings, personal upliftment, and other specialized trainings to place the
security professional a level up from his/her current position. It shall also refer to the
conduct of Private Security Training, provision of the physical facilities and
installation necessary in the conduct thereof, and the provision of the appropriate
management, administrative, and instructor/training staffs therefore, the actual
performance and/or exercise of which requires the appropriate permit and/or
authority as herein provided.
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BOOK IV
SECURITY PERSONNEL
RULE 24
CLASSIFICATION OF SECURITY PERSONNEL AND REQUIREMENTS FOR
ISSUANCE OF LICENSE
Section 73. Who are considered as Security Personnel. The following are the
classification of security personnel:
1. Private Security Agency Personnel (PSAP) - The general classification
of security personnel. These are personnel employed by Private Security
Agencies;
2. Company Guard Force Personnel (CGFP)- These are security personnel
employed by a business organization like a sole proprietorship,
partnership, or corporation not engaged in providing security services
and maintains its own security unit; and
3. Government Security Force Personnel (GSFP) - These are security
personnel hired by a government entity to provide security services to
government offices, buildings, or installations, other than the military,
police or other LEAs.
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RULE 25
PRE-LICENSING TRAINING COURSES FOR SECURITY PERSONNEL
Section 77. Private Security Personnel Training Courses (PSPTC). There shall
be a specific training course required for specific LESP-Security Personnel category.
The SSTB shall design and develop a specific Program of Instruction (POI) for each
course, subject to the approval of Chief, SOSIA.
RULE 26
ADDITIONAL QUALIFICATIONS AND DOCUMENTARY REQUIREMENTS FOR
ISSUANCE OF LESP TO SPECIFIC CATEGORY OF SECURITY PROFESSION
Section 79. Security Watchmen. The following are the additional qualifications and
documentary requirements for LESP-Security Watchmen:
Section 80. Security Hardware and System Designers and Planners. The
following are the additional qualifications and documentary requirements for LESP
Security Hardware and Systems Supervisor:
Section 81. Canine Handler. The following are the additional qualifications and
ocumentary requirements for LESP- K9 Handler:
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Qualifications Documentary Requirements
1. Must be a graduate of high school 1. High School Diploma or its
from any DepEd recognized equivalent; and
secondary school whether public or 2. Proof of Training.
private; and
2. Must have finished K9 Handler
Course.
Section 82. Security Guard. The following are the additional qualifications and
documentary requirements for LESP-Standard Security Guard (Armed):
Section 83. Banks and Armored Guard. The following are the additional
qualifications and documentary requirements for LESP-Banks and Financial
Institutions Guard:
Section 84. Protection Agent. The following are the additional qualifications and
documentary requirements for LESP- Personal Security Escort/ Protection Agent:
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Section 85. Private Detective The following are the additional qualifications and
documentary requirements for LESP- Private Investigator/Private Detective/Inquiry
Agent:
Section 86. Security Officer. The following are the additional qualifications and
documentary requirements for LESP- Security Officer:
Section 87. Security Consultant. The following are the additional qualifications and
documentary requirements for LESP- Security Consultant:
Section 88. Security Manager. The following are the additional qualifications and
documentary requirements for LESP- Security Manager:
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Qualifications Documentary Requirements
1. Must be at least 25 years old; 1. Birth Certificate issued by PSA;
2. Must be a bachelor degree holder or 2. College Diploma and TOR or its
its equivalent; and equivalent; and
3. Must have finished Security 3. Certificate of Completion of the
Manager Course. required training.
RULE 27
IN-SERVICE ENHANCEMENT TRAININGS FOR PRIVATE SECURITY
PROFESSIONALS
Section 90. Period for PSP to Undergo In-Service Enhancement Training. All
PSPs shall undergo In-Service Enhancement Training during the 5-year validity of
their LESP under all categories which will be coursed through their employer within
sixty (60) days before the specified birthdate from the issuance of the license.
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Section 92. 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.
Section 93. Refresher Training Course Required for Renewal Application. All
PSPs must undergo Refresher Training at least once in every five (5) years
preferably two (2) months before the expiry of his/her LESP. The certificate of in-
service Refresher Training shall be a pre-requisite among others for the renewal of
LESP.
RULE 28
PROTECTION AGENT
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6) All administrative restrictions/limitations specifically contained in the
SDDO issued by D, PSPG are binding to the PAs and must be complied
with due diligence;
7) The ADPA may be withdrawn or terminated anytime when the demands
of the PNP so require or when specific provisions of this IRR have been
violated;
8) A PA shall wear authorized uniform and counter sign pins pursuant to
this IRR; and
9) No PAs shall be utilized to secure any establishments such as clubs,
buildings, or any religious or educational institutions or as an employee
in the Protectee's business establishments.
Section 101. Issuance of Special Duty Detail Order (SDDO). The authority to
issue SDDO with validity of thirty (30) days subject to reissuance shall be the D,
PSPG.
RULE 29
CONVERSION OF LICENSE TO EXERCISE SECURITY PROFESSION
Section 104. LESP for Private Security Professionals. No person shall act as or
engage in, the practice, service, business, occupation, or calling security profession
without a valid LESP issued by the Chief, PNP through Chief, SOSIA.
Section 105. LESP Conversion from PSA Personnel to GSF personnel. A PSP
with LESP classification under PSA personnel and was hired by a GSF shall convert
his/her LESP from PSA personnel to GSF personnel subject to additional
qualifications and documentary requirements as indicated in the last preceding
section and upon payment of appropriate fees.
Section 108. LESP Categories Not Allowed under CGF personnel and GSF
Classification. Any LESP may be processed under the CGF personnel and GSF
ersonnel category, except the Personal Security Escort/Protection Agent.
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BOOKV
PRIVATE SECURITY AGENCY, COMPANY GUARD FORCE, AND
GOVERNMENT SECURITY FORCE
RULE 30
ORGANIZATION OF PSA
Section 109. Who may Organize and Operate a PSA. The following may organize
a PSA and provide security services:
1. A Filipino citizen; or
2. A juridical entity wholly owned and controlled by Filipino citizen/s.
Section 110. One Person Corporation (OPC). The named operator or licensee shall
be its President/Owner and sole shareholder.
Section 111. Who may Apply for PSA License to Operate. Only a natural person,
who possesses a valid Security Manager LESP, shall be an applicant for PSA LTO.
Section 113. Company Guard Force (CGF). Any juridical entity not primarily
engaged in the security industry and establishing its own security department or unit
shall be organized and registered with SOSIA as a CGF.
RULE 31
LIMITATIONS AND GUIDELINES IN THE OPERATIONS OF PSA, CGF, AND
GSF
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Section 116. Extension in Providing Security Services. The extent of the security
service provided by the PSA, CGF, or GSF shall not go beyond the compound
and/or property of the person or establishment contracting the security service except
when the security personnel is escorting person/s or big amount of money or
valuables: Provided that, the security personnel is in possession of a valid SDDO
indicating the period and route of the security escort service. Provided further, that
the security personnel are in possession of either a PA-LESP and/or AV-LESP.
Section 117. Main Offices. All PSA, CGF, and GSF shall maintain a main office in
their registered addresses.
Section 118. Branch Offices. Branch offices may be established and maintained in
other provinces/cities where the PSA, CGF, GSF has deployed security personnel:
Provided that, the security service is covered by a valid Security Service Agreement/
Contract and appropriate Duty Detail Order (ODO).
Section 119. Non-Base Operations. PSA operating in regions outside its main
office shall be required to register online with SOSIA. Provided that, pending the
operationalization of the Online System, PSA shall be required to register with the
nearest RCSU and shall submit an authenticated machine copy of the following
documents:
1. List of FAs;
2. List of security personnel with valid LESPs to be deployed; and
3. Duty Detail Order.
RULE 32
ORGANIZATIONAL STRUCTURE OF PSA, CGF, AND GSF
Section 121. Private Security Agencies. All PSAs shall conform to the
organizational structure, personnel, equipment, trainings, and uniforms as provided
in this IRR.
Section 122. Company Guard Force. All CGFs shall be organized to conform
substantially to the organizational structure prescribed for PSAs.
Section 123. Government Security Force. All GSFs shall be organized to conform
to the organizational structure of the said government firm agency but not contrary to
the organizational structure as prescribed for GSFs; Provided that, security
personnel of GSF shall be holders of plantilla positions. Further, they shall be
confined to perform the functions authorized for security personnel only; and they are
not allowed to carry or bear light weapons.
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RULE 33
EMPLOYMENT AND MEMBERSHIP
Section 124. Minimum Number of PSP. The minimum number of private security
personnel that a PSA may employ shall be at least three (3) security staff at the time
of application.
Section 125. 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. Provided, that in the case of CGF and GSF, the
maximum allowable number of PSP shall be determined by SOSIA based on the
requirements of such entities but such number of PSPs must not exceed 2,000.
Section 126. Minimum Number of PSP for CGF. No LTO shall be granted to any
CGF unless it has a minimum of thirty (30) licensed security personnel employed.
Section 127. Renewal of GSF-LTO. GSF-LTO shall be renewed every five (5) years.
However, GSF-LTO of LGUs shall be renewed every three (3) years and shall be
applied within sixty (60) days upon assumption of the local government executive
concerned.
RULE 34
APPLICATION OF LTO BY THE LICENSEE
Section 128.Application Form. The Licensee/Applicant shall fill out the standard
application form for filing of LTO.
Section 129.Venue for LTO Application. All applications for LTO shall be filed
directly with SOSIA or through their respective RCSUs.
Page 36 of 95
RULE 35
CORRESPONDING LICENSE TO OPERATE
Section 133. Private Security Agency LTO. A license certificate issued to persons,
corporations, and partnerships, whose primary purpose is to provide/offer security
services for hire, commission, or compensation.
Section 134. Company Guard Force LTO. A license certificate issued to persons,
corporations, and partnerships not doing business nor purposely organized or
principally as private security guard or agency but utilize their own trained employees
to render security duties and functions for their own assets and/or properties.
RULE 36
RESPONSIBILITY OF PSA, CGF, AND GSF
Section 137. Coordination with Local Police Station. All deployed security
personnel through their respective agency shall coordinate with the local police
stations in the area.
Page 37 of 95
·-- 2022 IRR of RA No. 11917
BOOK VI
FIREARMS, VEHICLES, CANINE UNITS, UNIFORMS, AND OTHER SECURITY
HARDWARE AND EQUIPMENT
RULE 37
ACQUISITION AND USE OF FIREARMS
Section 138. How to Acquire Firearms. A PSTA, PSA, CGF, and GSF shall be
entitled to acquire and possess firearms after having successfully passed the
requirements prescribed by the Chief, PNP and in accordance with RA No. 10591
and its 2018 Revised Implementing Rules and Regulations (RIRR) and RA No.
11766 and its IRR.
Section 140. Validity Period of Juridical LTOPF and FR of PSTA, PSA, CGF, and
GSF. Notwithstanding the validity of LTOPF and firearms registration provided for
under RA No. 11766 and its IRR, the validity period of LTOPF and firearms
registration of PSTA, PSA, CGF, and GSF shall be five (5) years reckoned from the
birthdate of the original authorized representative or bonded firearms custodian, as
the case may be: Provided, that GSF of LGU shall be valid for three (3) years
reckoned from the assumption of elective officials after local elections.
Section 141. Use of Firearms. The use of firearms by PSPs shall always conform to
the standards of Force Continuum.
Section 144. Training required for use of Firearms. The duly licensed Security
Guards or Watchmen who will use the firearm shall undergo Gun Safety and
Responsible Gun Ownership Seminar (GSRGOS) and at least basic marksmanship
training under the supervision of qualified officers and men of the PNP.
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RULE 38
RESTRICTIONS AND LIMITATIONS
Section 147. Instances when Rifles may be allowed for PSAs and CGFs.
The following are the instances when rifles as provided under the preceding section,
may be allowed for PSAs and CGFs:
1. Mine site deployment;
2. Power plant deployment;
3. Critical infrastructures, vital installations;
4. Escorting and securing large amounts of cash or valuables;
5. Upsurge of lawlessness and criminality as determined by the PNP; and
6. Other facilities which, by the nature of their business, personalities and
security conditions in the area of deployment, merit the deployment of
the said arms.
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.
Section 150. Quantity Limitations on PSTAs. For PSTA, the number of firearms
shall be limited to the instructional or training requirements of the training agency as
determined and approved by FEO and SOSIA; Provided that, PSTA may outsource
GSRGOS or marksmanship training from FEO-accredited shooting range/s through
a MOA or similar contract.
Section 151. Quantity Limitations on GSFs. For GSFs, the quantity of the
firearms under its ownership and/or possession or to be acquired shall be pursuant
to Sec. 10 of RA No. 11917.
Page 39 of 95
- - -- 2022 IRR of RA No. 11917
RULE 39
TRANSPORTATION, CARRYING, AND BEARING OF FIREARMS AND
AMMUNITION
Section 153.Validity Period of PTT. It shall indicate the validity period as appropriate
to the distance, location, and circumstances of the transportation activity.
Section 154. Carrying and Bearing of FAs by PSAs and CGFs. Carrying and use
of firearms by PSPs of PSA, GSF, and CGF shall only be allowed during their tour of
duty, in proper uniform, and when covered by a valid Duty Detail Order (ODO).
Section 156. Duty Detail Order (DDO) Necessary. A DDO shall be issued by the
PSA and CGF indicating the name of the PSP, the firearm description, the specific
duration and location of the posting or assignment, the authorized bonded firearm
custodian, and such other applicable terms and conditions deemed necessary and
appropriate.
1. DDOs for the purpose of transporting agency licensed firearms from
agency vault/office to post and back for posting, for routine rotation,
replacement of firearms or for conduction service duties, shall be
issued for not more than a duration of twenty-four (24) hours;
2. DDOs for the purpose of post duties not requiring transport of firearms
outside of the physical compound or property of a client or client
establishment/firm shall be issued for not more than a 30-day duration;
3. Transport of firearm other than those covered in paragraphs 1 and 2 of
this section, shall require the appropriate transport permit issued by the
FEO or RCSUs; and
4. All DDOs shall indicate the following:
a. Name, address, and contact number of agencies;
b. Serial number and date of DDO;
c. Complete name and designation of grantee;
d. Purpose;
e. Inclusive dates of detail;
f. Firearms description and license number;
g. Other specific instructions/remarks; and
h. Signature and designation of issuing officer.
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Section 157. Carrying of FAs of PSTAs. For private security training personnel of
PSTA, carrying and use of firearms shall only be done during instructional
demonstration and practical exercises within the premises of the classroom or as
may be appropriate under the circumstances in relation to Off-site training.
Section 158. Carrying and Use of FAs for GSFs. For appointed personnel and
employees of GSFs, carrying and use of firearms shall only be authorized during
their tour of duty, in prescribed uniform, within the premises of the government office
or agency and covered by Short Certificate of Registration (SCR) issued by the FEO;
Provided that, GSFs that have issued Mission Orders or other types of documents to
its PSPs shall be given a period of sixty (60) days after the effectivity of this
IRR for its conversion to SCR.
Section 160. Carrying and Bearing of FAs by Armored Vehicles Security Crew.
In the case of PSA providing armored vehicle security, only firearms acquired,
possessed, and registered under the name of the PSA shall be used by members of
the armored vehicle crew in the performance of their duty to transport large amounts
of cash and other valuables covered by a ODO. One (1) armored vehicle shall only
be allowed to carry and bear a maximum of six (6) firearms. Provided that, the ratio
of one (1) firearm for one (1) security personnel (qualified and required to carry
firearms) shall be maintained.
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2022 IRR of RA No. 11917 121
2. The firearm issued to security personnel of private security agency/
private detective agency/company security services/government
security unit shall be carried by the security personnel only within the
compound of the establishment where he is assigned to guard, except
when the security personnel is escorting big amount of money or
valuables on conduction duties outside its jurisdiction or area of
operation, upon prior coordination with the nearest PNP units/stations,
or when in hot pursuit of criminal offenders.
RULE 40
STORAGE OF FIREARMS AND AMMUNITION
Section 164.Requirements for Release of Deposited FAs from FEO. The PSA
shall submit valid Juridical LTOPF and Security Service Contract or Notice to
Proceed to FEO for the release of deposited FAs.
Section 168. Data sharing regarding Juridical Firearm Information. There shall be
a data sharing agreement on juridical firearm information between FEO and SOSIA.
RULE 41
INVENTORY AND INSPECTION OF FIREARMS
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2022 IRR of RA No. 11917 121
Section 170.Letter Order required for Inspection of Firearms. The Inspection
Team to be headed by a PCO shall be covered with a Letter Order. The inspection or
examination of records and inventories of the firearms and ammunition shall be
conducted during reasonable office hours.
RULE 42
CONFISCATION OF FIREARMS
Section 175. 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.
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2022 IRR of RA No. 11917 121
Section 176. Disposition of Confiscated Firearms. Any law enforcement officer
authorized by law effecting the confiscation of firearm under any of the circumstances
mentioned in the preceding section shall inform the Chief, PNP through the CSG
within twenty-four (24) hours after such confiscation. The firearm shall be turned over
immediately to the nearest RCSU which shall be responsible for the conveyance of
the same to the FEO, CSG, except when charges have been filed against the
suspect, in which case, the firearm shall be turned over to the court concerned.
RULE 43
CANINE
Section 178. Limitations for Canine. The following limitations shall be followed for
Canine:
1. Only registered canine with proper training and with valid Certificate of
Efficiency from SOSIA shall be allowed for posting and only with the
handlers who passed the evaluations and certified as canine team by
SOSIA;
2. Government working dogs/handlers may register for purposes of
database recording but will be exempted from payment or fees;
3. A canine shall be registered and issued tags or micro-chips for
identification;
4. Canine registration shall be non- transferable;
5. License number will be coded as k9-00-000 (00 indicating the year of
registration and 000 indicating the license number); and
6. License for canine shall display the following:
a. Canine Identity marks;
b. Owner's name;
c. Date of license; and
d. Expiration date.
RULE 44
EXPLOSIVES DETECTOR DOG AND HANDLER EVALUATION TEST (EDDHET)
Section 179. Conduct of Explosive Detector Dog and Handler Evaluation Test
(EDDHET). This Evaluation Test will determine the proficiency and reliability of the
EDD team in the detection of explosives. All canine teams must be tested in all
odors. The explosives scents to be tested are:
a. Low explosives (black or smokeless powder);
b. Military Dynamite;
c. C-4 or Flex-X;
d. TNT;
e. Primer cord;
f. Slurries or water-gel; and
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2022 IRR of RA No. 11917 121
g. Others.
Section 182. Five (5) Areas for Testing. The EDD team will be tested in at least four
(4) of the five (5) areas of testing. The team must search the areas of building,
vehicles, and baggage. The fourth area will either be open area, aircraft, or
watercraft. The five areas will be:
1. Building;
2. Vehicle;
3. Baggage;
4. Open or Perimeter; and
5. Aircraft or Watercraft.
Section 184. Vehicle Search. A minimum of six (6) vehicles or a maximum of ten
(10) vehicles of any type or model including pick-up shall be used. The vehicles will
be parked in park configurations (like parking lots) so as to allow the team to have
access to each vehicle. The training aids will be placed in a manner such that the
EDD cannot retrieve the same. Only one (1) training aid may be placed on or in each
vehicle. One training aid must be placed inside a closed engine compartment.
Additional training aids will be placed at the discretion of the evaluator and may be
placed in the following but not limited to:
1. Exterior of gas tank or filler pipe;
2. Drive shaft;
3. Interior of close trunk; and
4. Passenger compartment (closed).
Section 185. Baggage Search. Baggage shall be defined as hard-shell and soft
shell suitcases, attache case, clothes bags, brief cases, golf bags, duffel bags,
boxes, etc. Ten (10) bags minimum or a maximum of twenty (20) bags may be used.
All training aids will be placed inside the bags in a manner such that the canine
cannot retrieve the same.
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Section 186. Open or Perimeter Area Search. Open area search shall be defined
as:
1. Exterior building;
2. Open fields;
3. Wooden area; and
4. Any outdoor area not covered above.
Training aids will be placed at the discretion of the evaluator and can be placed
anywhere from a minimum of one (1) foot below surface level to a maximum of eight
(8) feet above surface level.
Section 187. Aircraft or Watercraft, Rail Coach, and Bus Search. The search
shall be at the discretion of the evaluator. It could be interior or exterior of the aircraft
along with ground support equipment. All training aids shall be placed in a manner
such that the EDD cannot retrieve the same.
Section 188. Evaluation. The K9 team evaluator will determine if the EDD team
will be certified upon the completion of the test. The handler and EDD will be
considered as a team that will be certified. If there is a change in the handler of
the EDD, it will be considered a new team and has to be certified anew.
Section 189. Certification. For certification, the EDD team shall not miss more than
one (1) training aid in all phases of testing. If the tested EDD team missed more than
one (1) training aid, which is a FAILURE, then the team must RETEST in all phases.
All tests will be done on PASS or FAIL basis. All training aids will be placed at least
thirty (30) minutes prior to testing. If a training aid has to be moved to a new location,
the previously used area must be excluded as a testing site. The following shall be
observed:
1) Prior to the EDD team entering the test area, each handler shall inform
the evaluator on the specific dog's alert and response to training aids
and each indication to a training aid by the canine should be obvious
to the evaluator. The evaluator shall, prior to each phase, brief the
handler on the nature of each problem that will be encountered, such
as boundaries, time, starting point, among others; and
2) A maximum time limit of twenty (20) minutes will be allotted for each
phase of testing. The time will stop when the handler indicates that
the search is complete or the time has expired. Conversation between
the team that had already undergone the test and the other teams that
will still undergo the test shall not be allowed while the testing is on
progress. All training aids used in the test should preferably be of
recent manufacture and placed in separate containers. It shall be the
responsibility of the EDD team being tested to provide the training
aids.
Section 190. Evaluation Certificate. Each evaluation certificate shall be valid for six
(6) months only from date of the test. It should be noted that routine training must be
conducted to maintain and enhance the team's capability.
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Section 191. Stewards/Spotters (Optional). Only two (2) types of stewards shall
be used to make the process more efficient and the evaluation tests faster:
1) Field Stewards: Direct the explosive detector dog teams to any staging
area and keep the next explosive detector dog team ready to render
assistance during the certification process when summoned. The
steward checks the equipment and support logistics as needed and
works at the supervision, control, and direction of the evaluator;
2) Test Stewards: Work at the direction of the evaluator and conduct
such activities as directed;
3) There shall be no lengthy or unnecessary delays caused by either
steward/s or EDD teams; and
4) In some cases, the evaluator may act as a steward and also as a judge.
RULE 45
TEST REQUIREMENTS
Section 192. Test Requirements. Handlers will be tested using the prescribed duty
uniform. Numbered vests may be provided for ease of identification. The following
shall be observed:
1) Handlers shall not carry with them during the test any training aids that
are contaminated with any other substance. Only sterile rewards or
toys are to be used. The PSA/CGF/GSF may opt to supply the
rewards or toys;
2) No electric devices, whistles, ultrasonic devices or related training aids
not specifically stated herein will be allowed;
3) All certifications shall permit the handlers the flexibility of working the
dog on or off leash, or a combination of both;
4) Handlers shall notify the steward at the time of occurrence or
immediately after the test or phase that a protest may be entered or
lodged, so the steward may note it;
5) No dog shall be left unattended at any time in such a manner as to
create danger or hazard to another dog, handler or to itself. Each
handler shall be responsible for any damage or injury caused or
inflicted by his/her dog; and
6) There shall be no training or practice in the areas of certification or
other location where it may disturb the normal tranquility of fellow EDD
teams or citizens not involved in the certification process.
RULE 46
NARCOTICS DETECTION DOGS AND HANDLERS EVALUATION TEST
(NDDHET)
Section 193. Narcotics Detection Dogs and Handlers Evaluation Test and
Guidelines. Narcotics Detection Dogs and Handlers Evaluation Test and Guidelines
shall be prescribed by the SUES and approved by Chief, SOSIA.
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2022 IRR of RA No. 11917 121
RULE 47
LIABILITIES OF PSSPs IN VIOLATION OF POSSESSION OF FIREARMS
Section 194. Liability of PSSPs. Licensee of PSSPs of any public or private firm,
company, corporation or entity who shall willfully or knowingly allow any of the
firearms owned by such firm, company, corporation or entity to be used by any
person or persons found guilty of violating the provisions of this IRR, or willfully or
knowingly allow any of them to use unregistered firearms shall be administratively
and criminally liable.
Section 196. Confiscation and Forfeiture. The imposition of penalty for any
violation of RA No. 10591 shall carry with it the accessory penalty of confiscation
and forfeiture of the firearm, ammunition, or parts thereof, machinery, tool, or
instrument in favor of the government which shall be disposed in accordance with
law.
Section 198. Additional Grounds for Revocation of LTO. The following may be
grounds for revocation of LTO:
1. Failure to submit any issued firearm for verification as required;
2. Verification made on the firearm submitted reveals violation of the rules
herein prescribed;
3. Carrying of firearms by security personnel without appropriate Duty Detail
Order (ODO);
4. When the firearm serial number has been duplicated on another firearm
or using one firearms license for more than one firearm other than those
indicated in the license;
5. Carrying of firearms outside of the place stated in the permit or in places
prohibited under the law;
6. Conviction of any crime of the Licensee or Firearms Bonded Custodian
(operator or manager) of the agency; and
7. Failure to report lost firearms.
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RULE 48
UNIFORM AND PARAPHERNALIA
Section 199. SOSIA Uniform and Equipment Board (SUEB). There shall be a
SOSIA Uniform and Equipment Board (SUES) to be created to formulate the
standard specifications for security professionals' uniform requirements.
Section 201. Functions and Responsibilities. The following are the functions and
responsibilities of the SUES:
1. Set the uniform standards for Private Security Professionals (PSP) and
undertake modifications therein if the situation warrants;
2. Accredit manufacturers/tailors/suppliersof PSP uniform, equipment, and
paraphernalia;
3. Recommend to Chief, SOSIA the approval of proposals for uniform
design and specifications and use of equipment;
4. Ensure the compliance of PSAs, PSTAs, CGFs, and GSFs to the
uniform and equipment standards and recommend to Chief, SOSIA
appropriate sanctions for non-compliance thereof; and
5. Perform other tasks as may be deemed necessary for the
implementation of Rule.
RULE 49
EQUIPMENT REQUIREMENTS
Section 207. Equipment of Security Personnel. The following are the standard
equipment that shall be in the possession of a security guard/watchman while
performing his/her duties:
1. Nightstick/baton;
2. Whistle;
3. Timepiece (synchronized);
4. Writing pen;
5. Notebook and duty checklist (electronic or not);
6. Flashlight;
7. First Aid Kit;
8. Service Firearms (as required); and
9. Handcuffs.
Section 208. Issuance of Equipment. The PSA, CGF, GSF, shall have the
responsibility of ensuring the availability and issuance of the equipment to its posted
personnel.
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210.
Special Page 50 of 95
and 2022 IRR of RA No. 11917
Other
Equipm
ent.
Apart
from the
standar
d
equipm
ent,
other
equipm
ent may
be
issued
to the
PSPs
as
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ned
necessa
ry
followin
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client
contract
require
ment,
provide
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the
PSPs
shall
have
acquire
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prior
training/
knowled
ge on
the
proper
use of
the
same
but not
limited
to the
followin
g:
1.
2. Electronic and/or communication devices;
3. Stun devices/less-lethal weapons and rubber bullets/less lethal
projectiles;
4. Ballistic vests; and
5. Other equipment.
RULE 50
VEHICLES AND MOBILITY REQUIREMENTS
Section 212. Certificate of Registration and Inventory. SOSIA SMV CRI is not
equivalent to License to Operate and does not authorize a person to engage in
employing security guard or detective, or a juridical person to establish, engage,
direct, manage or operate an individual or a private detective agency or private
security agency/company security force as stipulated under RA No. 11917.
RULE 51
REGISTRATION AND INVENTORY OF SECURITY MOTOR VEHICLES
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Page 51 of 95
2022 IRR of RA No. 11917
4. Clear pictures and location sketch of office/garage/motor pool with
email address/telephone number showing 6x3 feet business signage;
5. Copies of updated and valid Land Transportation Office (LTO)
Certificates of Registration (CRs) and Official Receipts (ORs) of each
armored vehicle and other relevant documents that other government
agencies may require; and
6. Notarized list of armored vehicle security personnel with mandatory
training on Comprehensive Bank and Armored Security Training
Course (CBASTRAC) conducted by a licensed PSTA with a valid LOA
for that course.
Section 215. Processing and Issuance of CRI. The evaluating personnel of the
Enforcement Management Division (EMO) shall check on the completeness,
authenticity, and validity of all the submitted documents and conformity to standards.
The EMO Inspection Team shall also conduct inspection, inventory, and accounting
of subject security motor vehicles. Upon submission of requirements, the same shall
be endorsed for approval of Chief, SOSIA. After which, the CRI will be issued to the
applicant after payment of the required fees for the purpose.
Section 217.Limitations on the Use of Blinkers. The following are the limitations
on the use of blinkers:
1. Use of blinkers is only allowed in the area of deployment as follows:
a. Expressways;
b. Economic Zones;
c. Central/Commercial Business Districts (CBDs);
d. Airports; and
e. Seaports.
2. Use of blinkers is not allowed in public highways and roads except for
emergency.
Section 219. Standard Specifications of Armored Vehicles. The following are the
standard specifications for armored vehicles:
1. Must be bullet resistant or withstanding (not penetrating) the
firepower of light weapons (e.g. cal 5.56 or 7.62 and the like);
Page 52 of 95
2. Vault placed inside the armored vehicle in a fixed manner with dual
combination and chute that can accommodate at least six (6) fully
loaded 14" x 14" x 14" duffle bags designed to prevent retrieval of the
cargo while in transit;
3. With at least five (5) gun ports with steel plate windows with locks.
Materials to be used on the steel plate windows must be the same
material with the armored plate of the vehicle;
4. With installed GPS; and
5. Such other specifications that the Board shall prescribe.
Section 220. Deployment and Use of Armored Vehicles. Armored vehicles shall be
deployed and/or used to carry cash or valuable items and shall not be used to ferry
bank employees/personnel.
Section 223. Armored Vehicle Testing and Evaluation Board Composition and
Functions. The AVTEB shall be composed of the following:
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22 IRR of RA No. 11917
Assistant Chief, SOSIA Chairman
Chief, EMO, SOSIA Vice-Chairman
Chief, STMO, SOSIA Member
Chief, SLO, SOSIA Member
Chief, SCMO, SOSIA Member
Representative from SOSIA Recognized and Accredited Member
Armored Security Service Providers
Representative from Armored Security Manufacturer Member
Representative from SOSIA Recognized and Accredited Member
PSA
Assistant Chief, EMO, SOSIA Head Secretariat
Section 225. Payment. EMO shall issue an Order of Payment for Registration and
Inventory Fee for each security motor vehicle. SOSIA will determine the appropriate
fee and its process and procedure in consonance with RA No. 11917 and this IRR.
Section 226. Inspection Requirement. The Registration and Inventory Team from
EMO, SOSIA with a valid Letter Order issued by the Chief, SOSIA will conduct
inspection, inventory, and accounting of the security motor vehicle of applicant.
Section 228. Recommendation. Chief, EMO, and the Assistant Chief, SOSIA
shall further review the application and the results of the armored vehicle
inventory and accounting and recommend the approval or disapproval of the
application.
Section 229. Approval. Chief, SOSIA shall have the authority to approve or
disapprove the application for CRI.
Section 230. Issuance of CRI. Upon approval of the application, the CRI shall be
• sued for each armored vehicle of applicant.
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2022 IRR of RA No. 11917 121
Section 231. Suspension of LTO. Failure to meet any of the minimum
requirements and/or standards of PNP SOSIA will result in suspension of the LTO,
SOSIA SMV CRI, without prejudice to the imposition of appropriate sanctions or
penalties under RA No. 11917.
Section 232. Prohibition on Renewal of LTO. No LTO of any PSA nor CGF
utilizing security motor vehicles shall be renewed unless registered with and
inventoried by the PNP SOSIA.
BOOK VII
RULE 52
PROFESSIONAL CONDUCT AND ETHICAL STANDARDS OF SECURITY
PERSONNEL
Section 234. Security Professionals Creed. All security professionals shall abide
by the following creed:
Section 235. Ethical Standards of Security Professionals. The following are the
ethical standards to be followed and complied by security professionals:
1. The fundamental duty of security professionals is to obey the laws of
the land and abide by the rules and regulations promulgated by the
Philippine National Police;
2. They shall be honest in thoughts and deeds both in their personal and
official actuations, obeying the regulations prescribed by their agency
and those established by the company they are assigned to protect;
3. They shall serve the interest or mission of their agency in compliance
with the contract entered into with clients or customers of the agency
they are assigned to serve;
4. They shall not reveal any confidential information confided to them as a
security professional and such other matters imposed/required upon
them by law;
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5. They shall act at all times with decorum and shall not permit personal
feelings, prejudices, and fraternal relationship to influence their
actuations while in the performance of their official functions;
6. They shall not compromise with criminals and other lawless elements
to the prejudice of the customers or clients and shall assist the
government in its relentless drive against lawlessness and other forms
of criminality;
7. They shall carry out their assigned duties as required by law to the best
of their ability and shall safeguard the life and property of the
establishment where they are assigned;
8. They shall report for duty always in proper uniform and neat in their
appearance and shall wear their accoutrements properly as a symbol of
public trust and confidence, as an honest and trustworthy security
professional;
9. They shall keep their allegiance first to the government, to the public, to
the agency where they are employed, and to the establishment they
are assigned to serve with utmost dedication to the profession;
10. They shall diligently and progressively familiarize/acquaint themselves
with the rules and regulations laid down by their agency and those of
the customers or clients;
11. They shall at all times be courteous and respectful in the performance
of their duties and responsibilities; and
12. They shall learn by heart and strictly observe all the laws and
regulations governing the exercise of their profession.
Section 236. Code of Conduct of Security Professionals. The following are the
code of conduct to be followed and complied by security professionals:
1. They shall always be in proper uniform and shall carry with them at all
times during their tour of duty their LESP and other requirements,
equipment, and duty detail order with the authority to carry firearms
when applicable;
2. They shall not use their LESP and other privileges if any, to the
prejudice of the public, the client or customer, and their agency;
3. They shall not engage in any unnecessary conversation with anybody
except in the discharge of their duties nor show any instance of laxity
and shall at all times keep themselves alert during their tour of duty;
4. They shall refrain from reading newspapers, magazines, books, and
other reading materials, use laptops,mobile phones, and other
gadgets, and/or do or perform distracting activities while actually
performing their duties;
5. They shall refrain from doing janitorial/utility works, parking attendant
duties, issue tickets/collect fees, and other non-security functions;
6. They shall not drink any intoxicating liquor immediately before and
during their tour of duty nor use any dangerous drugs;
7. They shall know the location of the alarm box near their post and
sound the alarm in case of fire or disorder and shall know how to
operate any fire extinguisher at their post;
8. They shall know the location of the telephone and know the hotline
numbers and/or telephone numbers of the police precincts as well as
fire stations in the locality;
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9. He/she or their group of security professionals, shall not participate or
instigate any disorder, strike, riot, or any violations of the law and shall
immediately notify the police in case of any sign of such occurrences;
10. They shall assist the police in the preservation and maintenance of
peace and order and in the protection of life and property having in
mind that, as an advocacy group/force multiplier, the nature of their
responsibilities is complementary to that of the latter;
11. They shall know by heart "The Private Security Services Industry Act"
(RA 11917), its implementing rules and regulations, and relevant
issuances of the PNP;
12. They shall not lend to anybody the firearm, less-lethal weapons or
equipment issued/entrusted to them by the agency; and
13. They shall always endeavor to deserve and be worthy of the trust and
confidence of the agency they represent and the client they serve.
Section 237. Security Services Operator's Creed. Aside from the preceding
sections, a Security Services Operator shall abide by the following creed:
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7. Anchored on the principle of securing lives and property, of providing
safety of persons and maintaining peace and order within such
property, when accepting contracts with clients having existing conflict
of claims, management, ownership or administration of properties
and/or establishments, where there exists or forthcoming
contracted/contracting agency, they should conduct themselves and
their deployed security professionals in a manner primarily not to be
used against each other at the same time without compromising their
respective contracts;
8. They shall endeavor to raise the standards of service in the security
profession thru incentives and in-service training;
9. They shall establish an adequate library of books, magazines, and
other publications on security subjects, materials, references, etc. in
each PSA;
10. They shall always be truthful and accurate in reports required by
SOSIA and/or other competent authorities and be prompt in the
submission of the same;
11. They shall not, under any circumstances, employ for guard duty any
person without a valid LESP duly issued by the Chief, SOSIA; and
12. They shall, at all times, exercise vigilance and be prepared to prevent
the use of their security professionals or the agency in activities inimical
to the state or national security. When activities of this nature come to
their attention, they shall as a matter of duty render appropriate reports
to the PNP.
Rule 53
Powers, Duties, and Responsibilities of Security Professionals
Section 241. Territorial Power. A security guard shall watch and secure the
property of the person, firm, or establishment with whom he/she or his/her agency
has a valid contract for security services. Such service shall not, however, extend
beyond the property or compound of said person, firm or establishment except when
required by the latter in accordance with the terms of their contract to escort, or in hot
pursuit of criminal offenders.
Section 244. Strict Observance of the General Orders. All security professionals
performing security services shall know by heart the following General Orders:
1. To take charge of the post and all company properties in view and
protect and preserve the same with utmost diligence;
2. To walk in an alert manner during my tour of duty and observing
everything that takes place within sight or hearing;
3. To report all violations of regulations and orders I am instructed to
enforce;
4. To relay all calls from posts more distant from the security house where
I am stationed;
5. To quit my post only when properly relieved;
6. To receive, obey, and pass on to the relieving guard all orders from
company officers or officials, supervisors, post in charge or shift
leaders;
7. To talk to no one except in line of duty;
8. To sound or call the alarm in case of fire or disorder;
9. To call the superior officer in any case not covered by instructions;
♦
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10. To salute all company officials, superiors in the agency, ranking public
officials and officers of the Philippine National Police; and
11. To be especially watchful at night and during the time of challenging, to
challenge all persons on or near my post and to allow no one to pass
or loiter without proper authority.
Section 245. Duty to Assist Law Enforcers. Any security guard shall be duty
bound to assist law enforcers/law enforcement officers in the pursuit of their duty,
when circumstances require, provided it is within the territorial jurisdiction of his/her
area of responsibility.
RULE 54
DEPLOYMENT OF PSPs IN CONFLICT OF CLAIMS SITUATIONS
Section 248. Power of SOSIA to issue Status Quo Ante Order. SOSIA has the
authority to issue Status Quo Ante Order to PSPs and PSAs as may be determined
by Chief, SOSIA.
RULE 55
LIMITATIONS ON DUTIES AND RESPONSIBILITIES AND PROHIBITED ACTS
OF SECURITY PROFESSIONALS
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11917
any form of access control/denial, patrolling, emergency response procedures,
among others, as appropriate. Thus, the following limitations and prohibited acts are
hereby prescribed:
1. Private security personnel performing post service shall neither act nor
serve as bodyguard or personal security escort of any person;
2. The services rendered are confined to the premises and/or property
being secured;
3. The private security personnel on post shall not wear other attire aside
from the prescribed uniform;
4. Private security personnel performing as security aides, or back
up/support of guards, or operating security equipment, hardware and
software, less-lethal weapons and/or electronic security devices and
systems shall not bear firearms; and
5. Any other limitations/prohibited acts similar or analogous to the
foregoing.
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6. The minimum crew shall be composed of licensed armored vehicle
security driver and a minimum of two (2) licensed armored vehicle
security crew; and
7. The standards, requirements, organization, operation, and training for
private security armored services are complied with as may be
provided in the supplemental guidelines issued by Chief, SOSIA.
Section 253. Investigation and Detective Services. Only authorized PSAs may
offer private investigation and detective services for the purpose of assisting in
gathering information leading to determination and/or prevention of criminal acts
and/or resolution of legal, financial, personal or similar other cases/problems,
provided that:
1. Only licensed private investigators/detectives shall perform or
render investigation and detective duties; and
2. The standards, requirements, organization, operation, and training for
investigation and detective services shall be provided in supplemental
guidelines issued by Chief, SOSIA.
Section 255. Application of the Force Continuum. While situations will vary
based on the persons and motives involved, security personnel shall apply these
tactics, if and when necessary, in order to defend the properties and persons they
ought to protect. The PSPs shall use force continuum to determine how to react to a
situation:
1. Level 1: Alert Presence. The physical presence of a security personnel
can prevent crimes. People are much less likely to commit crimes if
they see that there are alert security personnel standing by and vigilant
to catch them. The mere appearance of security personnel, in
authorized
''
uniform or customized outfit, already symbolizes authority;
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/
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.
2. Lev Verbal Communication. The use of strong and authoritative voice can
el help hinder potential crimes. Asking people to be quiet at an
2:
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indoor event or directing them to keep away from certain public areas
can be extremely effective in terms of achieving the desired results.
The addition of firm voice to alert presence can be very effective;
3. Level 3: Physical Restraints. In the event that presence and words are
not enough, certain types of physical restraints may become necessary,
the use of hands to hold someone may be necessary to prevent further
danger and harm. This shall be limited to use of such reasonable force
necessary to restrain an individual. Actions that escalate the situation is
prohibited;
4. Level 4: Use of Chemical Agents. Chemicals such as pepper spray
may be used to distract perpetrators to allow for time to take
appropriate actions, like getting others to safety or notifying the police.
Pepper spray and other chemicals can cause blindness as well as other
types of serious harm if not used properly. The use of chemicals shall
not be the first go-to method for alleviating disruptions;
5. Level 5: Temporary Incapacitation. When the use of bare hands to
restrain a person is not sufficient to properly defend other people as
well as the person of security personnel from immediate physical
danger, non-deadly force may be applied, including the use of batons
and other less-lethal weapons. If the need to resort to temporary
incapacitation is appropriate, the use of the less-lethal weapon shall be
in a manner that is deemed legally compliant; and
6. Level 6: Use of Force. This is the phase wherein the use of firearms is
deemed necessary. Firearms shall be used only when there is
imminent danger and in self defense or defense of strangers.
RULE 56
DUTIES DURING STRIKES AND LOCKOUTS
Section 256. Role of PSP during Strikes/Lockouts. PSPs shall refrain from joining
any picket/strike/lockout or any modes of participation in mass gatherings that would
violate the peace and order in their area of responsibility.
Section 257. Policies for PSPs during Strikes/Lockouts. The following policies
shall be taken into consideration:
a. All private security personnel in direct confrontation with strikers,
marchers, or demonstrators shall not carry firearms. They may, at best,
carry only nightsticks/batons and may or may not be provided with tear
gas canister and dispensers;
b. Private security personnel of strike-bound establishments not in direct
confrontation with the strikers may carry their issued firearms in the
usual prescribed manner;
c. Private security personnel shall avoid direct contact, either physically or
otherwise, with the strikers;
d. Private security personnel shall stay only within the perimeter of the
installation which they are protecting at all times;
e. Private security personnel, in protecting and securing the assets and
persons of their clients, shall use only sufficient and reasonable force
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necessary to overcome the risk or danger posed by strikers or hostile
crowds;
f. Private security personnel shall refrain from abetting or assisting acts
of management leading to physical clash of forces between labor and
management. These hostile acts include breaking of the strike;
smuggling in of scabs (strike breakers) and preventing strikers from
conducting peaceful pickets;
g. Private security personnel shall not enforce the provisions of the
Revised Labor Code pertaining to strikers/lockouts; and
h. Private security personnel on duty must at all times be in complete
uniform with their names and agency's name shown on their shirts
above the breast pockets.
Section 258. Chief Security Officer. Policies to be undertaken by the Chief Security
Officers during Strikes/Lockouts:
a. Upon declaration of a strike, or upon the establishment of a picket line
or mass action at the vicinity of a firm/establishment, the Detachment
Commander or the Chief Security Officer of the PSA/CGF/GSF shall
immediately collect all firearms of the guards in direct or about to have
a direct confrontation with the crowd and deposit these firearms in their
vault; or reissue these firearms to other private security personnel not
issued firearms but assigned to and performing guard duties away from
and not visible to strikers or the crowd as may be required by the
circumstances;
b. The Detachment Commander or Security Manager shall account for all
the firearms in a logbook;
c. In instances where there is no Detachment Commander or Security
Manager, as in a compound where there are only a few guards, the
agency operator or Security Officer in the case of company security
forces, shall immediately be informed by the guards of the declaration
of strike or about the approach of strikers or a crowd; whereupon the
agency operator/security officer shall immediately assess the situation
and take appropriate action to forestall violence, but at the same time
insuring security of the premises;
d. The Detachment Commander or Security Manager shall maintain
constant contact with the management and if he notices or observes
the strikers or the crowd to be unlawful, or are clearly violating the
provisions of the Labor Code, the Revised Penal Code and/or local
ordinances, this information shall be forwarded/disclosed to the nearest
police station;
e. If it becomes unavoidable for private security personnel to talk to
strikers or members of the crowd, only the Detachment Commander or
Security Manager shall talk to the leader or leaders of the strikers or
crowd. The result of the dialogue shall be reported to the management
immediately. At no instance shall private security personnel negotiate
with the strikers or unfriendly crowd in relation to the labor-
management dispute. This is a function of the management;
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f. If the situation worsens or becomes untenable for the private security
personnel to cope with, the Detachment Commander or Security
Manager, shall immediately advise the management to request for
police assistance; and
g. The Detachment Commander and Security Manager shall publish
emergency telephone numbers (police, fire, and hospital) at all guard
posts and detachments.
BOOK VIII
INSPECTION, ACTION, ARBITRATION, INVESTIGATION, AND ADJUDICATION
RULE 57
CONDUCT OF
INSPECTION.
Page 65 of95
Section 262. Types of Inspections. Inspections shall be conducted on the following
instances:
1. Pre-Licensing Inspection shall be conducted to determine compliance
with the provisions of RA No. 11917, this IRR, and other issuances
prior to the issuance of License to Operate (LTO);
2. Administrative Inspection shall be conducted during the operation of
PSAs, CGFs, GSFs, and PSTAs to ascertain whether the provisions of
RA No. 11917 and this IRR are complied with, to ensure correction of
defects/violations noted, and to recommend to the Operators
appropriate measures to improve their operations;
3. Post-to-Post Inspection shall be conducted on
detailed/deployed/posted security guards to determine proper
compliance with RA No. 11917, this IRR, and other issuances;
4. Investigative Inspection shall be conducted motu proprio and/or based
on complaints and reported incidents to assist investigations;
5. Training Inspection shall be conducted before the conduct of
trainings; and
6. Other Inspections as determined by SOSIA.
Section 263. Authority to Conduct Inspection. The Chief, SOSIA or the
authorized representative/s shall issue Letter Order authorizing the conduct of
inspections.
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2. The inspection team shall conduct pre-deployment briefing prior to
inspection; and
3. The inspection team shall introduce themselves to the following PSP
during the inspection, state the purpose of the inspection, and present
the appropriate Letter Order (LO):
a. Pre-Licensing Inspection - LTO Applicant;
b. Administrative Inspection - PSA/ PSTA/CGF/GSF Operator;
c. Post-to-Post Inspection - Security Officer and posted PSPs;
d. Investigative Inspection - PSA/PSTA/CGF/GSF Operator,
Security Officer, and/or posted PSPs;
e. Training Inspection - Training Officer; and
f. Other Inspections - representative.
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);
b. LESP of each Security Personnel;
c. Firearms and Firearms Registration (FR);
d. Juridical LTOPF;
e. Updated PSP Detail; and
f. General Appearance:
i. Uniform;
ii. Equipment; and
iii. Letter of Authority (LA) for Special Set of Uniform.
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;
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
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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.
Section 268. Procedures in Joint Operations in Post-to-Post Inspection. Joint
operations may be conducted by SOSIA with other police unit/s or other law
enforcement units with regard to any violation of RA No. 11917 as provided in
Chapter 4 Section 16. Penal Provisions:
1. The SOSIA, other police unit/s, or any law enforcement units shall file
the necessary criminal offense;
2. SOSIA shall initiate the filing of the appropriate administrative charge/s;
and
3. Online VTR shall be implemented provided that guidelines and
procedures governing the same shall be prescribed by the SLRB
subject to the approval of C, SOSIA.
Section 270. Coordination with Territorial Police Unit Prior to the Conduct of
Inspection. All inspections to be conducted by SOSIA or RCSUs shall be
coordinated with the PNP unit having jurisdiction over the area of inspection.
Likewise, the Team Leader shall also inform the PNP units concerned immediately
after the conclusion of the inspection conducted.
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3. Accomplished inspection checklists of Administrative Inspections and
recommendations thereof, shall form part of the application for LTO.
Section 272. Disposition of Violations. Actions on violations noted during
inspection shall be provided in supplemental policies, guidelines, and procedures to
be prescribed by the SLRB subject to the approval of the Chief, SOSIA.
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RULE 58
PROCEDURES ON ADMINISTRATIVE ACTIONS ARISING FROM COMPLAINTS
Section 274. Complaint. It shall be written in clear, simple, and concise language,
under oath before a notary public, to apprise the respondent of the nature of the
charge against him/her to be able to prepare for his/her defense.
Section 276. Who may Initiate. The following persons may initiate a complaint:
1. If the aggrieved party is a sole proprietorship or One Person
Corporation, complainant shall be the proprietor/owner or the
President, respectively, or its representative authorized through a
Special Power of Attorney (SPA);
2. If the aggrieved party is a juridical entity (e.g. corporation, NGAs,
GOCCs, cooperatives, NPSAs, etc.) except for One Person
Corporation, complainant shall be a natural person authorized by the
Board through a valid Board Resolution with Secretary's Certificate;
3. If the aggrieved party is a private citizen, the complainant shall be the
private citizen himself/herself; or
4. If the violation was found as a result of inspection, complainant shall be
the Team Leader of the Inspection Team through an After-Inspection
Report showing the act/s or omission/s allegedly committed.
Section 277. How Initiated. The complaint shall be initiated in the following manner:
1. A complaint shall be initiated upon submission of a notarized complaint
affidavit, accompanied by affidavit/s of witness/es, and other evidence
in support thereof. The complaint shall be accompanied by a certificate
of non-forum shopping duly subscribed and sworn to by the
complainant. If the complaint is not accompanied by a certificate of non-
forum shopping, the complainant shall be required to submit the same
within seven (7) working days from notice; otherwise, the complaint
may be dismissed; and
2. Complaint is also initiated through the submission of an After
Investigation Report accompanied by evidence in support thereof.
Section 278. Grounds for Filing an Administrative Action. Any act or omission in
violation of RA No. 11917, this IRR, and other relevant issuances, may constitute a
ound for administrative action.
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RULE 59
EVALUATION PROCEEDINGS
Section 279. Initial Evaluation of the Complaint. Upon receipt of the complaint,
the Evaluator-On-Case shall immediately record the complaint in the logbook and
conduct initial evaluation to determine:
1. Jurisdiction over the complaint. If it is determined that SOSIA or its
authorized representative has no jurisdiction over the complaint, the
Evaluator-on-Case shall formally refer the case to the office concerned
within five (5) working days upon approval of the Chief, SOSIA;
2. Legal standing of complainant. If it is determined that the complainant
does not possess the legal standing to file the complaint, the Evaluator
on-Case shall inform the complainant within five (5) working days to
allow the complainant to acquire the appropriate authority or to rectify
the same; and
3. Sufficiency in form and substance of the complaint. If it is determined
that the form and/or substance of complaint is insufficient, the
Evaluator on-Case shall inform the complainant within five (5) working
days to allow the complainant to rectify the same.
RULE 60
INVESTIGATIVE INSPECTION ARISING FROM A COMPLAINT
Section 284. Spot Inspection. Any uniformed member of the PNP in proper uniform
ay immediately give spot correction to any security professional who is found to
have
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incurred any minor infraction of guidelines pertaining to security professional
demeanor, uniforms, and similar other minor offenses or deficiencies. However, any
noted less grave or grave offenses prescribed under this IRR or other relevant
issuances shall be immediately referred/reported to SOSINRCSU concerned.
RULE 61
PRELIMINARY EVALUATION
Section 286. Filing of Formal Charge. After the finding of probable cause, the
investigating officer shall formally charge, under oath, the respondent. The formal
charge shall contain the following:
a. A specification of the charge(s);
b. A brief statement of material or relevant facts; and
c. The presence, if any, of other details relative to the charges.
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3. If necessary, both parties may be required to appear for clarificatory
questioning provided that they are notified within three (3) days prior to
the scheduled appearance. The investigator before whom the said
documents were identified and affirmed must so indicate such facts in
the minutes of proceedings, to include matters clarified and attach the
same with the records of the case;
4. The PSA, PSTA, CGF, GSF, or the PSP (respondent) complained of
may then submit his/her comment/counter-affidavit within five (5) days
after the appearance and clarificatory meeting was held, provided
however, that failure of the respondent to submit his/her
comment/counter-affidavit shall be construed as a waiver on his/her
part. No motion for extension of time to submit comment/counter-
affidavit or any other dilatory motions shall be allowed except upon
meritorious causes and the filing thereof does not interrupt the
reglementary period for the submission of the comment/counter-affidavit;
5. Any recommendation by the investigator on case upon endorsement of
Chief, RCSU concerned or Chief, EMO SOSIA shall be
approved/disapproved by the Chief, SOSIA;
6. In the event that the investigator recommended for the closing/dropping
of the complaint, the complainant may file a motion for re-investigation
within five (5) days from receipt of the report. The Chief, SOSIA shall be
the approving authority for all motions. Only one (1) motion for re
investigation shall be allowed, which shall be resolved within fifteen (15)
working days from receipt thereof;
7. If after the Preliminary Evaluation, a probable cause is found to exist,
the Case/Investigating Officer shall recommend in his/her Preliminary
Evaluation Report, the conduct of summary hearing of the case. The
Chief, RCSU concerned or the Chief, EMO, SOSIA as the case may be,
shall designate a PCO to act as the Summary Hearing Officer; and
8. Any recommendation by the investigator on case upon endorsement of
Chief, RCSU concerned or Chief, EMO SOSIA shall be
approved/disapproved by the Chief, SOSIA.
Section 289. Docket Entries. The formal charge sheet must contain the appropriate
docket entries and must be duly recorded in the official records. The office tasked by
the regulatory office to maintain the records of the administrative case shall enter the
case into its official docket by stamping on the face of the formal charge the time and
date of receipt and assigned case number. The case shall be formally filed and
pending upon receipt and entry of the same in the official docket of the Regulatory
Office.
RULE 62
INVESTIGATION OF CASES
Section 290. Scope. These rules shall apply to all administrative cases filed before
SOSIA and authorized SOSIA representative against PSP, PSA, PSTA, and CGF for
acts or omissions in violation of RA No. 11917 and this IRR, and other relevant
• suances of the PNP.
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Section 291. Purpose. To provide uniform procedure and expeditious disposition in
the conduct of investigation by SOSIA and authorized SOSIA representative on
administrative cases involving PSP, PSA, PSTA, and CGF.
Section 292. Nature of Proceedings. The investigation and hearing before this
regulatory office shall be summary in nature and shall not strictly adhere to the
technical rules of procedure and evidence applicable in judicial proceedings. The
provisions of the Rules and Regulations as well as the Revised Rules of Court shall
be suppletory.
Section 293. Venue. Any complaint shall be filed with the Complaint and
Investigation Detection Section, SOSIA, CSG and/or RCSU for acts or omissions
committed. In all other instances, the complaint may be filed with the RCSU having
territorial jurisdiction where the acts or omissions were committed or with the RCSU
where the complainant works or resides, or where the respondent's principal office is
located, at the option of the complainant.
Section 294. Role of Recognized Security Associations. Except for cases equally
cognizable by courts or other disciplinary agencies or tribunals, all complaints of
PSA against another, PSP against a PSA or vice-versa shall be lodged before the
recognized security associations for any arbitration, mediate any dispute that shall
arise between their members and/or Private Security Professional (PSP) under the
employ (or formerly employed by the member of the Association at the discretion of
the complainant). The Security Association shall put into writing the result of the
arbitration whether there was no conciliation or settlement has been reached as
certified by the secretary of the organization or unless settlement has been
repudiated by the parties.
Section 295. Preliminary Evaluation Report. Within Ten (10) working days from
the termination of the preliminary evaluation, the investigating officer shall submit a
report with recommendation to the Chief, EMO, SOSIA or Chief, RCSU concerned
for approval or disapproval of Chief, SOSIA.
Section 296. Action on the Complaint. All complaints for Preliminary Evaluation
shall be stamped on its face with the date and time of its receipt and assigned
reference numbers, and shall be recorded in a docket book exclusively for such
cases that shall contain in addition to the data mentioned in Section 288: the name of
the parties, the offense charged, the hearing officer to whom the case was assigned,
the date the Resolution/Decision was rendered, the proof of service of the
Resolution/Decision, date the Motion for Reconsideration of the appeal was filed, the
date the decision became final, and other relevant material data.
Section 297. Authority to Conduct Motu Proprio Investigation. SOSIA and the
RCSU that has jurisdiction in the place of incident shall conduct motu proprio
investigation on the following cases:
1. Incidents where a Private Security Professionals illegally discharged a
firearm;
2. Incidents where death, serious physical injury, violation of human
rights, and any serious incidents that need immediate action had
occurred;
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3. Incidents when the PSA/CGF/ GSF issued firearm is lost, stolen or
taken while in the performance of duty, while off-duty, or during travel
from PSA
,CGF, GSF to any place of posting area;
4. Illegal Posting with imminent threat or stand-off between and among two
(2) or more Private Security Agencies;
5. Court Order from a competent court that has jurisdiction over the case;
and
6. Other justifiable orders emanating from the Chief, PNP, D, CSG and
Chief, SOSIA.
Section 298. Prohibition Against Forum Shopping or Multiple Filing of
Complaints. To avoid multiplicity of cases for the same cause of action, the
complainant shall certify under oath in his/her pleading, or in a sworn certification
annexed thereto and simultaneously filed therewith, to the truth of the following facts
and undertaking:
a. That the complainant has not filed or commenced any complaint
involving the same cause of action in any other regulatory office
(SOSIA or RCSUs);
b. That to the best of the complainant's knowledge, no such complaint is
pending before any other regulatory office (SOSIA or RCSUs);
c. That if there is any such complaint which is either pending or may have
been terminated, the complainant must state the status thereof; and
d. That if the complainant should thereafter learn that a similar action or
proceeding has been filed or is pending before any other regulatory
office (SOSIA or RCSUs), the complainant shall report such facts
within five
(5) working days from knowledge.
RULE 63
FILING AND ASSIGNMENT OF CASES TO SUMMARY HEARING OFFICERS
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12. The date the motion for reconsideration, if any, was resolved by the
regulatory office;
13. The date the notice of appeal, if any, was received by the regulatory
office; and
14. Other matters relevant to the case.
RULE 64
FORMAL HEARING AND DISPOSITION OF CASES
Section 300. Venue. The administrative complaints or cases against PSP, PSA,
PSTA, CGF or GSF shall be filed in accordance with Section 293.
Section 301. Transfer of Venue. Upon proper motion of either party with sufficient
justification, the venue of the complaint either on-going investigation or Summary
Hearing Proceedings may, upon approval from the D, CSG or Chief, SOSIA, be
changed and transferred to CIDS, EMO, SOSIA or RCSUs where either party
resides, on any of the following grounds:
a. When any of the parties is exerting efforts to harass, intimidate,
coerce or unduly influence the other party, his/her witnesses or
immediate members of the family to withdraw the complaint or retract
their statements;
b. When there is an imminent and direct threat to the life and limb of any
of the parties so as to frustrate the successful investigation of the
administrative case;
c. When any of the parties is harmed and the cause of which or the
motive is closely related to the pending case; or
d. To better serve the ends of justice.
Section 302. Summons. Within five (5) working days upon receipt of the formal
complaint and the records of the case by the Summary Hearing Officer, he shall
issue the summons to be served upon the respondent, directing the latter to submit
his/her answer within five (5) working days from receipt thereof, together with
whatever documentary evidence the respondent may have in support of his defense.
Section 303. Answer. The answer shall be in writing, under oath, and must contain
material facts, which may either be a specific denial or affirmation of the allegations
in the complaint. It shall be accompanied by documentary or other evidence, if there
be any, in support of the defense, copy furnished the complainant. It shall also
contain a list of witnesses and their individual addresses, whenever appropriate.
The answer shall be filed in two (2) copies either personally or by registered
mail, with proof of appropriate service to the complainant. If the answer is sent by
registered mail, it is deemed filed on the date and hour of receipt stamped by the
post office on the envelope. Said envelope shall be kept and made an integral part of
the answer and records of the case. Since the proceedings are summary in nature,
no motion to dismiss, motion for bill of particulars or any other motion shall be
allowed, and the filing of the same shall not interrupt the running of the reglementary
period for
. ._,, 11 ., filing an answer.
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Section 304. Effect of Failure/Refusal to File Answer. Failure of the respondent to
file an answer within the reglementary period shall be considered as a general denial
of the charges.
Section 306. Pre-Hearing Conference. Within fifteen (15) working days from
receipt of the answer, the Summary Hearing Officer shall conduct the pre-hearing
conference for the purpose of:
a. Defining and simplifying the issues of the case;
b. Entering into admissions and/or stipulations of facts;
c. Marking of exhibits after proper identification by the parties/
signatories; and
d. Threshing ouUclarifying other matters relevant to the case.
The conference shall be completed within two (2) working days and the
proceedings shall be duly recorded and attested by the parties and/or counsel.
Section 307. Order of Summary Hearing. The order of summary hearing shall be
as follows:
a. The complainant shall adduce evidence with proper identification and
marking of his/her exhibits;
b. The respondent shall then present evidence in support of his/her
defense with proper identification and marking of his/her exhibits;
c. The proceedings being summary in nature, direct examination of
witnesses shall be dispensed with and the sworn statements/affidavits
of witnesses, after proper identification and affirmation on the truth of
the contents thereof, shall take the place of their oral testimony,
except for witnesses who appeared pursuant to a subpoena; and
d. Clarificatory questions may be allowed, if requested by either party,
but shall be confined strictly to material and relevant matters and,
insofar, as may be compatible with the ends of justice.
Section 308. Submission of Position Papers. The Summary Hearing Officer
(SHO) shall require the parties to submit their respective position papers within ten
(10) working days from the date the summary hearing is terminated. The position
paper shall only contain those charges, defenses, and other claims contained in the
affidavits and relevant pleadings filed by the parties. The position paper shall be in
the form a memorandum which shall state the ground/s relied upon, the argumenUs
in support thereof and the reliefs prayed for. Any additional relevant
affidavits and/or
lt ,i" ,.,4'":,ocumentary evidence may be attached by the parties to their position papers. Upon
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receipt of the position papers, the SHO shall consider the case submitted for
resolution. The failure of any party to submit a position paper shall be considered as
a waiver thereof. No motion for extension of time shall be entertained unless with
valid grounds and mutually agreed by both parties.
Section 309. Clarificatory Hearing. Within five (5) working days from receipt of the
position paper of the parties or after the expiration of the period to file the same, a
party may move, or the SHO may issue an order, for the conduct of a one-time
clarificatory hearing where the parties shall be afforded the opportunity to be present
and submit written clarificatory questions to the Summary Hearing Officer who will
determine whether or not the questions are necessary and relevant to the fact in
issue.
Section 310. Right to Counsel. Parties have the right to avail of counsel. If the
parties at the start of the proceedings appear without counsel, they shall be informed
of the right to avail of one if they so desire. However, the hearings shall proceed as
scheduled even in the absence of counsel. lf a party is not represented by counsel,
the SHO shall mark the exhibits presented during the pre-hearing conference and
may propound clarificatory questions, if necessary. Parties may be assisted by a
counsel in the preparation and submission of their pleadings and during the
clarificatory hearing.
Section 312. Effect of Forum Shopping. Violation of the prohibition against forum
shopping shall be a ground for the dismissal of the case motu proprio or upon
motion of the respondent.
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Section 315. Effect of Failure or Refusal of Respondent to Appear. If the
respondent, despite due notice, fails or refuses to appear without justifiable reason
during the scheduled hearings, he is deemed to have waived his/her right to be
present and to submit evidence.
Section 317. Effect of Death. The administrative case against the respondent who
dies during the pendency thereof must be resolved as follows:
Section 318. Submission of Resolution. The SHO shall have thirty (30) working
days to submit to the Chief, SOSIA the Resolution for approval, with attached
complete records of the case. Once approved, the said Resolution shall establish the
Decision of the case, copies of which shall be served to all parties within five (5)
working days upon approval of the resolution.
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2022 IRR of RA No. 11917
Resolution with recommendation for the suspension, cancellation or
revocation of licenses shall be submitted to SLRB. The same shall be resolved by
the SLRB subject to approval of Chief, SOSIA.
Section 319. Contents of Resolution. Resolutions shall be clear and concise; and
shall include the following:
a. Facts of the case;
b. Issues involved;
c. Applicable laws, rules and regulations;
d. Findings and conclusions; and
e. Recommendations (Disposition thereof).
Section 320. Contents of Decision. The decision shall contain the full name of the
parties, the name of PSP, PSA, PSTA, CGF or GSF, the offense charged, a brief
statement of the material relevant facts, the findings established by the evidence on
record, the conclusion, the applicable laws, rules and regulations, jurisprudence,
disposition of the regulatory office, and other pertinent details relevant to the case.
Section 321. Service of Decision. The Decision shall be served either personally,
by registered mail or any private courier at the complainant's and respondent's place
of business or at his/her last known address within three (3) working days from
approval thereof. In all cases, proof of such service shall be attached to the records
of the case for purposes of determining jurisdiction in case of appeal.
Section 322. Respondent Found Liable for an Offense Separate and Distinct
from that which he was Charged. A respondent may be found culpable of an
offense separate and distinct from that which he was charged: Provided that the acts
constituting the offense of which he was found culpable were alleged in the
complaint and the respondent was given the opportunity to answer.
Section 323. Motion for Reconsideration. The party adversely affected may file a
motion for reconsideration from the decision rendered within ten (10) working days
from receipt of a copy of the decision on the following grounds:
a. Newly discovered evidence which, if presented, would materially affect
the decision rendered;
b. Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant; and
c. The decision is not supported by the evidence on record.
The filing of a timely motion for reconsideration shall stay the execution of
the decision sought to be reconsidered. Only one (1) motion for reconsideration shall
be allowed and the same shall be considered and decided by the regulatory office
within fifteen (15) working days from receipt thereof.
Section 324. Finality of Decision. The Decision rendered by the regulatory office
(SOSIA) shall be final and executory if no appeal or motion for reconsideration is filed
within the time provided in these Rules. Within one (1) working day after the lapse of
the said reglementary period, the final order signed by the Chief, SOSIA, together
with the Decision shall be served to the respondent either personally or by registered
i: ':i;';J mail
at the respondent's place of business or at his/her last known address.
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Section 326. Service of Notices and Summons. The following shall be observed in
the service of notices and summons:
a. All notices and summons shall be served to the respondent in person
by the process server or by registered mail or by private courier at
his/her last known registered business address or last known
residential address as stated in the records; and
b. If personal service is not possible or when the respondent refuses to
receive the notices or summons, service may be made by leaving a
copy of the same with the Administrative Officer or employee at
his/her registered business address or with any responsible member
of the respondent's household at his/her last known address provided
that if the latter also refuses to receive the summons or notices,
service may be made to the official address of the barangay office in
that area.
RULE 65
FILING AND SERVICE OF PLEADINGS, PROCESSES, AND DECISIONS
Section 327. Filing of Pleadings. The filing of pleadings by the parties shall be
made by presenting the original copies thereof to the regulatory office concerned or
authorized officer or by sending them by registered mail or private courier with proof
that the other party was served with a copy. The date and time of the receipt shall be
indicated on the face of the original document and the receiving copies. In case the
documents were sent by registered mail or private courier, the date and time of
actual receipt shall be the time and date of receipt as stamped on the envelope
which is required to be attached to the document as part of the record.
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re appellate body and copies thereof shall be served upon the parties personally or
or
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2022 IRR of RA No. 11917 121
Section 330. Implementation of Orders/Decisions/Resolutions which have
Become Final and Executory. Orders, decisions, or resolutions which have become
final and executory shall be referred to the office concerned under the regulatory
office or authorized officer tasked to handle the implementation (Attn: Chief, SLD) for
implementation within five (5) working days from receipt of the request or order of the
Regulatory Office or Appellate Body to implement the same, copy furnished the
private complainant; respondent; Chief, SOSIA; and D, CSG.
RULE 66
APPEAL
Section 334. Dismissal of Appeal. When the Appellant fails to comply with the
requirements provided in the preceding section of this IRR, the Appellate Body shall
direct the compliance thereof within ten (10) working days from receipt of the order
fi
with a warning that non-compliance with the requirements shall be construed as
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failure to perfect an appeal and shall cause the dismissal of the appeal with prejudice
, © to its ling.
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Section 336. Docketing of Appealed Cases. Upon receiving the complete original
records of the case from the investigating office, the appellate body shall
immediately docket the same by stamping the time and date of receipt on its cover,
assigning the appeal case number, and entering the same on the docket book which
shall be purposely maintained for appealed cases only.
Section 337. Withdrawal of Appeal. At any time before the appellate body
renders its decision resolving the appeal, the appellant, as a matter of right, can
withdraw the same; which shall consequently, render the appealed decision final and
executory. No motion to reinstate the appeal shall be allowed.
Section 338. Period to Decide an Appeal. The appellate body shall decide the
appeal within thirty (30) working days after the receipt of the entire records of the
case from Chief, SOSIA. Failure of the appellate body to decide the appeal within
that period shall render the decision of the investigating office final and executory
without prejudice to the filing of an appeal by the party adversely affected to the
Chief, PNP. The officer or board designated by the appellate body to resolve the
appeal shall make a written explanation to the Director, CSG on its failure to do so.
BOOK IX
VIOLATIONS, PENALTIES, FINES,
AND PENAL PROVISIONS
RULE 67
SANCTIONS AGAINST PRIVATE SECURITY PROFESSIONALS
Section 339. Purpose. The purpose of these rules and regulations is to rationalize
the schedule of administrative penalties as provided in RA No. 11917. Any violation
of the provisions of RA No.11917 and this IRR shall, after due notice and hearing, be
subject to the corresponding penalties herein provided.
Section 340. Sanctions. Any violation of the private security professional of the
creeds, ethical standards, and codes as set forth in the preceding sections shall be
considered as Light, Less Grave or Grave Offenses as appropriate.
Section 341. Light Offenses. Light Offenses shall include, but not be limited to:
1. Unauthorized/Improper use of uniforms and accoutrements;
2. Use of profane languages;
3. Acts of discourteousness;
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2022 IRR of RA No. 11917
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.
Section 342. Less Grave Offenses. Less Grave Offenses shall include, but not be
limited to:
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
Section 343. Grave Offenses. Grave Offenses shall include, but not be limited to:
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;
7. Illegal search;
8. Indiscriminate discharge of firearm;
9. Abuse or acting beyond the scope of authority;
1O. 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.
Section 344. Sanctions and Fines for Offenses Committed by PSPs. Without
prejudice to criminal prosecution, the following penalties may be imposed, after due
process, upon any private security personnel, thereafter found guilty of committing
any
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Page 84 of 95
2022 IRR of RA No. 11917
a. 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;
b. 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 (PhP500.00-
PhP1,000.00) or both; and
c. For grave offenses. Suspension, Cancellation or Revocation of
license as determined by the SLRB and subject to the approval of the
C, SOSIA.
RULE 68
SANCTIONS AGAINST PSA, PSTA, and CGF
Section 345. Violations of PSAs, PSTAs, and CGFs. The authority of the Chief,
PNP or his authorized representative to impose administrative penalties or cancel,
suspend or not to renew the license of PSA, PSTA, or CGF shall be exercised in the
following cases without prejudice to criminal prosecution:
A penalty of administrative fine shall be imposed upon any erring PSA, PSTA,
or CGF in the amount of One Hundred Thousand Pesos (PhP100,000.00) for the first
offense; Two Hundred Thousand Pesos (PhP200,000.00) for the second offense;
and Three Hundred Thousand Pesos (PhP300,000.00) and cancellation of license to
operate for the third offense without prejudice to the filing of appropriate criminal/civil
action.
In case of fines, the erring PSA, PSTA, or CGF shall not be allowed to serve
the questioned client. PSA Operators whose licenses have been suspended,
cancelled or revoked under these Rules shall be subject to the guidelines prescribed
by the SLRB and approved by the Chief, SOSIA.
Section 346. Classification of Offenses. Except in cases already specifically
provided in these Rules, the following terms shall be construed to mean as indicated:
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.
b. Less grave offenses committed by PSA/PSTA/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.
c. Grave offenses committed by PSA/PSTA/CGF shall include, but not
limited to:
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85 IRR of RA No. 11917 121
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 regulations7
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, PSTA 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 "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.
Section 347. Penalties and Fines for PSA/PSTA/CGF. Without prejudice to criminal
prosecution, the following penalties may be imposed to any PSA/PSTA/CGF after
due process and thereafter found guilty of committing any of the offenses as
enumerated in the immediately preceding section:
a. For light offenses committed by PSA/PSTA/CGF:
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. For less grave offenses committed by PSA/PSTA/CGF:
1) Fine of PhP10,000.00 for 1st offense;
2) Fine of PhP20,000.00 for 2nd offense; and
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86 IRR of RA No. 11917 121
3) Fine of PhP30,000.00 or revocation of license to operate for 3rd
offense.
c. For grave offenses committed by PSA/PSTA/CGF:
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.
Section 348. Habitual Offender. Any PSA/PSTA/CGF which commits the same
offense as enumerated in Section 345 paragraph a and b, after having been fined at
least three (3) consecutive times shall be proceeded against through revocation or
non-renewal of its license.
Section 349. Administrative Fines for PSAs. The following administrative fines
shall be imposed upon the PSA when a PSP was found committing any of the
following offenses:
OFFENSES FINES
Wearing of unprescribed uniform PhP1,000.00 per guard for 1st
by posted security personnel offense; PhP2,500.00 per guard for
2nd offense; PhP5,000.00 per guard
for 3rd and succeeding offenses.
Posting security personnel not PhP1,000.00 per guard for 1st
carrying their License to offense; PhP2,500.00 per guard for
Exercise Security Profession, 2nd offense; PhP5,000.00 per guard
Firearms License, Duty Detail for 3rd and succeeding offenses.
Orders and
Certificate of Efficiency
Imposing and collecting PhP1,000.00 per guard for 1st
unauthorized deductions from the offense; PhP2,500.00 per guard for
salary of their security guard 2nd offense; Php5,000.00 per guard
for 3rd and succeeding offenses.
Failure to submit application and PhP2,500.00 plus PhP50.00 for every
requirements for the renewal of day of delay if filed before expiration
license on prescribed date of LTO; An addition of PhPS,000.00
plus PhP100.00 for every day of
delay not to exceed sixty (60) days, if
filed
after expiration date of LTO.
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6. It acted with gross negligence in dealing with violations, or mistakes of
its members, or incompetency in its ranks;
7. Its named operator or licensee is convicted by final judgement of any
crime or felony;
8. It violates any provision of Presidential Decree No. 442, otherwise
known as the "Labor Code of the Philippines", as amended, including
this IRR;
9. It acted in a manner which renders the PSA a detriment to the
maintenance of peace and order; and
10. Failure to heed or follow the directives of a competent court or any
quasi judicial body that has jurisdiction over the case. In compliance
with this provision, due process of law must be exercised and an
approved decision should be implemented.
Section 351. Powers and Function of SOSIA License Revocation Board (SLRB).
SLRB shall be vested with the function to study, review, validate, and recommend
the revocation, cancellation, suspension of all issued licenses, registrations, and
permits relative to private security industry after due process, subject to the approval
of Chief, SOSIA.
Section 354. Habitual Offender. The license of any PSP who commits the same
offense as enumerated in Sections 347, 348, and 349 above, after having committed
any offense under RA No.11917 for at most three (3) times within the lifetime of the
same, shall be cancelled, subject to the procedures and guidelines prescribed by the
SLRB as approved by Chief, SOSIA.
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RULE 69
ISSUANCE, SERVICE, AND IMPLEMENTATION OF CEASE TO OPERATE
ORDER (CTOO)
Section 355. CTOO Subject to SLRB. Procedures and guidelines governing CTOO
of PSAs/PSTAs/CGFs, whether voluntary or involuntary, shall be subject to the
guidelines and procedures prescribed by the SLRB and approved by Chief, SOSIA.
RULE 70
PENAL PROVISIONS
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Section 361. Operation with Expired LTO. Any PSA/PSTA/CGF, entity or person
which operates with an expired LTO shall suffer the penalty of a fine of not less than
Fifty Thousand Pesos (PhPS0,000.00) and not more than One Hundred Thousand
Pesos (PhP100,000.00) at the discretion of the Chief, SOSIA.
Section 363. Rendering Security Service for Illegal Activities. Any person who
renders security service to persons or places involved in illegal activities shall suffer
the penalty of imprisonment of not less than twelve (12) years and one day to twenty
(20) years, and a fine of One Million Pesos (PhP1,000,000.00), at the discretion of
the court, without prejudice to criminal prosecution under other laws.
Section 364. Other Violations. Any person who violates any of the provisions of RA
No. 11917 and this IRR not mentioned in the preceding sections shall suffer the
penalty of imprisonment of not less than six (6) months and one (1) day to six (6)
years or a fine of One Million Pesos (PhP1,000,000.00) or both at the discretion of
the court and suspension or revocation of its license with forfeiture of the bonds
without prejudice to criminal prosecution under other laws. If the offender is a
juridical entity, the penalty shall be imposed upon the officer or officers of the juridical
entity who participated in the decision that led to the violation of any provision of RA
No. 11917 and this IRR, without prejudice to the revocation of their license issued by
the PNP.
BOOKX
AWARDS AND RECOGNITION
RULE 71
SOSIA AWARDS AND RECOGNITION
Section 365. SOSIA Awards and Recognition Board (SARB). SARB shall
formulate guidelines on the conferment/grant of awards and other forms of
recognition to qualified and deserving PSPs/PSA/PSTA/CGF/GSF, accredited
national private security associations, and such other entities in the security industry,
subject to the approval of the Chief, SOSIA.
Section 366. Composition of SARB. The following shall be the member of SARB.
Section 367. Types of Awards. The SARB shall determine the types of awards and
other forms of recognition, as well as the guidelines, and parameters for the
grant/conferment thereof subject to the approval of the Chief, SOSIA.
Section 368. Wearing of Awards. All PSPs who are recipients of awards shall wear
their miniatures thereof, as part of their uniform.
BOOK XI
MISCELLANEOUS, TRANSITORY, AND FINAL PROVISIONS
RULE 72
MISCELLANEOUS PROVISIONS
Section 369. Visitorial Power. The Chief, SOSIA or his duly authorized
representatives may, at any time and upon issuance of a valid Letter Order shall
conduct inspection anywhere in the Philippines to prevent any conflict of interest,
undue advantage to a certain party, and to ensure the best interest of justice.
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Section 373. Schedule of Fees. SOSIA shall determine the Schedule of Fees for the
following in accordance with the existing laws, rules and regulations:
a. LESP Schedule of Fees; and
b. LTO Schedule of Fees.
Section 374. Cascading of RA 11917 and this IRR to Clients. The PSA, through
SOSIA/RCSUs or Training Personnel with valid LESP, shall conduct seminar on RA
11917 and this IRR to the client or its authorized representative/s prior to the signing
of Security Service AgreemenUContract. The attendees of the seminar shall be
issued a Certificate of Attendance.
RULE 73
COORDINATION WITH OTHER GOVERNMENT AGENCIES
Section 375. SOSIA and TESDA. SOSIA shall coordinate with TESDA regarding
accreditation of relevant course and conduct of competency assessment and
issuance of National Certificate/Certificate of Competency.
Section 376. SOSIA and DOLE-NLRC. SOSIA shall coordinate with DOLE-NLRC
regarding compliance with and violations of the Labor Code by any member of the
Security Industry.
Section 378. SOSIA and other National Government Agencies (NGAs). SOSIA
shall coordinate with other NGAs as appropriate.
RULE 74
ACCREDITATION OF PROFESSIONAL ASSOCIATIONS AND ORGANIZATIONS
Section 379. Assistance in Accreditation. SOSIA shall assist and encourage the
organization and accreditation of professional associations among members of the
security industry.
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RULE 75
PHILIPPINE SECURITY INDUSTRY AND THE INTERNATIONAL COMMUNITY
Section 381. SOSIA and the International Security Industry. SOSIA and its
personnel shall be abreast with the developments and standards of the security
industry in the international community through attendance and participation in
seminars, trainings, conferences, conventions, and other activities.
RULE 76
TRANSITORY PROVISIONS
Section 388. Licenses issued under RA No. 5487 and its IRR. All issued
licenses covered by RA No. 5487 and its IRR shall be valid for its remaining
validity period.
Section 389. Conversion of LESPs under RA No. 11917 and this IRR.
Conversion of LESPs under RA No. 11917 and this IRR shall be allowed subject
to applicable procedures and payment of fees. PSPs who failed to convert their
accreditation within the period of six (6) months shall no longer be allowed to avail
the extended license validity.
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Section 390. Physical Inventory upon Effectivity of this IRR. Upon the effectivity
of this IRR, the PNP, through SOSIA or its authorized representative, shall inspect or
examine and conduct physical inventory of firearms and ammunition of the licensed
PSTAs, PSAs, CGFs, and GSFs. Henceforth, the inspection, examination, and
physical inventory shall be conducted periodically as a requirement for licensing,
monitoring purposes, and investigation, as the case may be.
Section 391. Amnesty. The SLRB shall formulate guidelines and procedures in the
application of amnesty to qualified eligible PSPs/PSAs within a non-extendible period
of six (6) months upon effectivity of this IRR, subject to the approval of Chief, SOSIA.
RULE 77
FINAL PROVISIONS
Section 392. Periodic Mandatory Review. The PNP shall conduct an annual
review in preparation for the mandatory review of this IRR every three (3) years.
Section 393. Repealing Clause. All previously issued rules and regulations and
other issuances, or portions thereof, are deemed repealed or superseded
accordingly.
Section 394. Separability Clause. In the event that any of the provisions of this IRR
is declared legally unenforceable, the validity of the other provisions shall not be
affected.
Section 395. Effectivity Clause. This IRR shall be effective after fifteen (15) days
following the completion of its publication in the Official Gazette.
Approved,
0 S AZ URIN, JR.
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