REPUBLIC ACT No. 5487
AN ACT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARDS AGENCIES. (Rep. Act No. 5487, as amended by [Presidential Decree No. 11.](../../presdecs/pd1972/pd_11_1972.html))
Section 1. Short Title of Act
This Act shall be known as "The Private Security Agency Law."
Section 2. Scope of this Act
The organization, operation, business and activities of private detectives, watchmen or security guards agencies shall be governed by the provisions of this Act.
Section 3. Definition of Terms
Section 4. Who May Organize a Security or Watchman Agency
Any Filipino citizen or a corporation, partnership, or association, with a minimum capital of five thousand pesos, one hundred per cent of which is owned and controlled by Filipino citizens may organize a security or watchman agency: Provided, That no person shall organize or have an interest in, more than one such agency except those which are already existing at the promulgation of this Decree: Provided, further, That the operator or manager of said agency must be at least 25 years of age, a college graduate and/or a commissioned officer in the inactive service of the Armed Forces of the Philippines; of good moral character; having no previous record of any conviction of any crime or offense involving moral turpitude and not suffering from any of the following disqualifications:
Section 5. Qualifications Required
No person shall be employed as security guard or watchman or private detective unless he is:
Section 6. License Necessary
No person shall engage in the business of, or act either as a private detective, or detective agency; and either engage in the occupation, calling or employment of watchman or in the business of watchman's agency without first having obtained the necessary permit from the Chief, Philippine Constabulary which permit as approved is prerequisite in obtaining a license or license certificate: Provided, That all existing private detective or watchman or security guard agencies shall have a period of one (1) year from the approval of this Act to secure the said license: Provided, further, That existing agencies, and any new agency which may hereafter apply for a license, certify under oath that their private detectives, watchmen or security guards, have received the appropriate training from either the Philippine Constabulary, the National Bureau of Investigation, any local police department, or any other public institution duly recognized by the government to conduct police training.
Section 7. Application for License
The application shall be made in writing and shall be filed with the Chief, Philippine Constabulary. It shall contain the full name of the applicant, his age, civil status, his residence, and location of business. If the applicant is a corporation, association or partnership, a copy of the certificate of registration with the Securities and Exchange Commission together with its by-laws and articles of incorporation, with the Bureau of Commerce.
Section 8. Fees to be Paid and Bonds
When all requisites for the issuance of the license have been complied with, the Chief of the Philippine Constabulary or his duly authorized representative shall issue a permit for the issuance of such license and register the same in his office, upon payment by the applicant of the fee in accordance with the following schedule:
Any provision of this or other law to the contrary notwithstanding, the Chief of Constabulary may, at any time suspend or cancel the licenses of private watchman or security guard agency found violating any of the provisions of this Act or of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto. (This paragraph was inserted by Sec. 3, Pres. Decree No. 11.)
Other provisions of Pres. Decree No. 11
Any person who commit any act in violation of Republic Act No. 5487 and of this Decree, and the implementing rules and regulations already promulgated which are not in conflict herewith, and those to be promulgated by the Chief of Constabulary pursuant hereto, shall, on conviction thereof, suffer imprisonment of from ten to fifteen years and a fine of not less than ten thousand pesos nor more than fifteen thousand pesos as a military court/tribunal or commission may direct.
The Chief of Constabulary shall promulgate the necessary rules and regulations to carry out the provisions of this Decree.
Section 9. Employees Need Not be Licensed
Every person operating, managing, directing or conducting a licensed private detective or watchmen agency shall also be considered licensed private detective, or watchman and no person shall be employed or used in a private detective work unless he be a licensed private detective or watchman: Provided, That nothing in this section shall be construed as requiring detective license for persons employed solely for clerical or manual work.
Section 10. Display of License
The license shall be displayed at all times in a conspicuous and suitable place in the agency office or headquarters of the agency and shall be exhibited at the request of any person whose jurisdiction is in relation with the business of the agency or the employees thereof, or of the Chief of the Philippine Constabulary or his duly authorized representative or any peace officer.
Section 11. Supervision of the Philippine Constabulary
Upon approval of this Act, the Philippine Constabulary shall exercise general supervision over the operation of all private detective and watchman or security guard agencies.
Section 12. Powers of City or Municipal Mayors in Cases of Emergency
In case of emergency or in times of disaster or calamities where the services of such agencies arise, the City or Municipal Mayor, as director of Civil Defense, may muster or incorporate the services of the agency nearest the area where such emergency, disaster or calamity arises and its duly licensed personnel to help maintain peace and order; and/or the prevention or apprehension of law violators and in the preservation of life and property. Deputized private detectives, watchmen or security guards shall take direct orders from the Chief of Police for the duration of the fire, inundation, earthquakes, riots or other emergencies.
Section 13. Issuance of Firearms
A watchman or security agency shall be entitled to posses firearms after having satisfactorily passed the requirements prescribed by the Chief, Philippine Constabulary pertinent to the possession of firearm of any caliber not higher than 45 caliber in a number not exceeding one firearm for every two watchmen or security guards in its employ: Provided, however, That a watchman or security agent shall be entitled to possess not more than one riot gun or shotgun in order to provide adequate security when circumstances so demand: Provided, further, That all the firearms mentioned herein shall be carried by the watchman or security guard only during his tour of duty in proper uniform within the compound of the establishment except when he escorts big amounts of cash or valuables in and out of said compound.
Section 14. Uniform
The uniform of watchman or security guard as well as those organized, maintained or under the employment of the government or any government-owned and/or controlled corporations, agencies or entities, shall be different from the uniform worn and prescribed for members of the Armed Forces of the Philippines, City and Municipal Police Force. The Chief, Philippine Constabulary, through his duly authorized representative shall prescribed the uniform or ornaments, equipment and paraphernalia to be worn by the security guards and watchmen throughout the Philippines.
Section 15. Compensation of Watchmen or Security Guards
Watchmen or security guards shall receive a salary not lower than that prescribed in the Minimum Wage Law.
Section 16. Limitations and Prohibitions
1. On Membership:
2. On Organization: No person, corporation, partnership or association may organize more than one agency in any one city or municipality. 3. On Service: No agency shall offer, render or accept its services to gambling dens or other illegal enterprises. The extent of the security service being provided by any security agency shall not go beyond the whole compound or property of the person or establishment requesting the security service except when they escort big amount of cash.
Section 17. Rules and Regulations by Chief, Philippine Constabulary
The Chief of the Philippine Constabulary, in consultation with the Philippine Association of Detective and Protective Agency Operators, Incorporated and subject to the provisions of existing laws, is hereby authorized to issue the rules and regulations necessary to carry out the purpose of this Act.
Section 18. Penal Provisions
Any violation of this Act or the rule or regulation issued hereunder shall be punished by suspension, or fine not exceeding P200.00 or cancellation of his or its licenses to operate, conduct, direct or manage a private detective, watchman or security guard agency and all its members in the discretion of the court together with the forfeiture of its bond filed with the Philippine Constabulary.
If the violation is committed by those persons mentioned under paragraph two, section four of this Act the penalty shall be imprisonment ranging from one to four years and fine ranging from one to four thousand pesos in the discretion of the court.
Section 19. Repealing Clause
All laws, rules, resolutions, municipal ordinances, regulations and administrative orders contrary or inconsistent with the provisions hereof are hereby repealed.
Section 20. Effectivity
This Act shall take effect upon its approval.
Approved, June 21, 1969.
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.