Lea Mod 4
Lea Mod 4
Lea Mod 4
LICENSE TO OPERATE
Who may organize and maintain a Private Security Agency and Private Detective
Agency. –
Any Filipino citizen or corporation, association, partnership, one hundred percent
(100%) of which is owned and controlled by Filipino citizens, may organize and
maintain a Private Security Agency or Private Detective Agency.
Basic requirement of an operator or manager of agency –
a. The operator or manager of an agency including, managers of branch offices,
must be:
1. Filipino citizen;
2. Not be less than twenty five (25) years of age;
3. College graduate and/or a commissioned officer in the
inactive service or retired from the Armed Forces of the
Philippines or the Philippine National police;
4. Has taken a course/seminar on industrial Security
Management and/or must have adequate training or
experience in security business; and
5. Good moral character
b. New applicants for license to operate shall be required to obtain a
minimum capitalization of one million pesos (P1, 000,000.00) with a
minimum bank deposit of five hundred thousand (P500, 000.00)
pesos in order to start its business operation.
Limitations, Disqualifications and Prohibitions.
a. No person shall organize or have an interest in more than one agency.
b. Elective or appointive government employees who may be called upon on account
of the functions of their respective offices in the implementation and enforcement of
the provisions of Republic Act 5487 as amended and its implementing rules and
regulations, and any person related to such government employee by affinity or
consanguinity in the third civil degree, shall not hold an interest, directly or indirectly,
in any security or watchman agency.
c. No agency shall offer, render or accept services in gambling dens or other illegal
business establishments or enterprises.
d. The extent of the security guard service being furnished by the security agency shall
not go beyond the compound and/or property of the person or establishment
contracting the security service except when the security guards is escorting big
amount of money or valuables.
e. Main/branch offices. - All agencies shall maintain a main office in their registered
addresses. Branch offices may be established and maintained in other provinces/
cities where the security agency has deployed security guards.
f. Authority to operate outside principal offices. The following measures are
promulgated to promote the healthy growth of the private security industry in general,
as well as to minimize proliferation of marginal agencies in particular.
1. No new or moribund but previously licensed private security agency shall be granted
license to operate unless its business viability is supported by evidence of assured
clientele, adequate capitalization and the like.
2. Private Security Agency operating at regions outside its main office shall be required
to register with the nearest Police Provincial Office and shall submit an authenticated
machine copy of the following documents:
a) License to Operate;
b) License of the FA’s to be issued;
c) List of the officers and security guards;
d) Appointment Order of Branch/Detachment Manager (if any);
g. All applicants for license to operate shall, in addition to the requirements imposed
pursuant to RA 5487 as amended and these rules and regulations, be required to
attend a private security agency/company guard force operators’ and management
seminar/workshop.
h. Prohibition on “KABIT SYSTEM” operators.
1. No licensed security agency shall operate, promote and enter into an agreement of
“merger” (kabit system) with any person or a group of persons for the purpose of
organizing a branch unit or subsidiary under separate control and ownership. Merger
of security and detective agencies shall not be recognized without prior approval from
the Securities and Exchange Commission with respect to their Articles of Incorporation
and the Department of Trade and Industry, with regards their business name.
2. Any of the following circumstances or a combination thereof shall be considered
prima-facie evidence of the existence of “Kabit System.”
a) Maintaining a separate branch, unit or subsidiary office aside from the main office
of the agency situated within the same locality;
b) Receiving direct payments from the agency’s clientele and issuing officials receipt
of their own distinct from that issued by the agency concerned;
c) Remitting directly Social Security System premiums, Medicare contributions and
other premium for other policy insurance benefits by the aforementioned branch, unit
or subsidiary office;
d) Existence of an agreement between the licensee and a branch manager thereof,
whereby the latter obligates himself to pay a certain percentage of his income to the
former on the condition that the control and supervision of the guards posted by said
branch shall course on the manager thereof and that the licensee shall be exempt
from liabilities/ obligations attendant to the operation of said branch
e) Keeping/maintaining separate payrolls for the branch employees signed and/or
approved by the branch manager only;
f) Absence of record of monthly income remittances to the main office when said
branch is authorized to make collections from the clients of the licensee; and
g) All other similar acts tending to show separate and distinct relationship/ personality/
ownership/ management.
Organizational structure of private security agencies/company security
services/ government security units.
a. Private security agencies shall conform with the organizational structure, personnel,
equipment, training and clothing as provided for hereinafter.
b. Company security forces shall be organized to conform substantially with the
organizational structure prescribed for private security agencies.
c. Government Guard Unit shall be organized to conform with the organizational
structure of the said government firm but not contrary to the organizational structure
as prescribed for government security units.
On Membership.
a. No regular license shall be granted to any private security agency unless it has a
minimum of two hundred (200) licensed private security personnel under its employ.
b. No regular license shall be granted to any company guard force or private detective
agency unless it has a minimum of thirty (30) licensed private security personnel under
its employ
c. The maximum number of private security personnel that a PSA/CGF/PDA may
employ shall be one thousand (1000).