Preview only show first 10 pages with watermark. For full document please download

Legal Aspect Ra 5487 As Amended-2

   EMBED


Share

Transcript

REPUBLIC ACT 5487 REVIEW &ORIENTATION

RULE V

Section 1 . Who may apply for License to Exercise Security Profession?

Any Filipino citizen may apply for License to Exercise Private Security Profession to engage in the occupation, calling or employment either as a Private Security Guard, Private Security Officer, Private Detective and/or Private Security Consultant, after complying with both academic/scholastic and skills/training requirements subject to other requirements prescribed herein under provisions.

SECTION 3. Qualifications a Private Security Guard. No person shall be licensed as security guard unless he possesses the following qualifications:

1. Filipino citizen;

2. High school graduate;
3. Physically and mentally fit;

Not less than eighteen (18) years of age nor more than fifty (50) years of age (for new applicants and SGs in non-supervisory position). and 5. .4. Has undergone a pre-licensing training course or its equivalent.

SECTION 7. Likewise. b. . Exemptions from Basic Pre-Licensing Training. graduates of ROTC advance/CHDF (or its equivalent in the PNP) Training graduates shall be exempted from the required Basiclicensing Training/Seminar. a. Veterans and retired military/police personnel or those honorably discharged military/police personnel possessing all the qualifications mentioned in the preceding Section shall be exempted from pre-licensing training/seminar and academic/scholastic attainment which is a requirement for the initial issuance of License to exercise private security profession but shall not however be exempted from taking the refresher training courses or its equivalent.

Possession of License a. In no case shall the authority of the License be used in violation of laws. All licensed private security personnel while in the exercise of their profession shall have in his body and possession his/her valid license to exercise private security profession together with the corresponding proof of payment of license fee. . The License issued shall be the proof of authority of the grantee to engage or exercise private security profession. b. c.SECTION 15.

RULE II SECTION 3. . Expired License Any private security personnel upon expiration of their respective license to exercise security profession are considered as NOT possessing license and shall be held criminality and administratively.

Limitations in the carrying of firearms. In the place and time so specified in the DDO. 2.RULE VII : USE OF FIREARM SECTION 3. actual performance of duty. In the prescribed uniform 3. . 1.

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.4. or when in hot pursuit of criminal offenders. upon prior coordination with the nearest PNP units/stations. .

1. When the firearm is about to be used in the commission of a crime. . When the confiscation of the firearm is directed by the order of the court. When the firearm is actually being used in the commission of crime. 5. When the firearm being carried by the security guard is unlicensed or a firearm not authorized by law and regulation for his use. 3. Justification for confiscation of firearms. When the firearm has just been used in the commission of a crime 4. 2.SECTION 5.

6. compound or establishment serviced by the agency without proper authority. When a security guard does not possess any license to exercise his profession . or 7. When the firearm is used or carried outside the property.

Basic Equipment.RULE VIII: UNIFORM. conduction. The following shall comprise of the Basic Equipment of a security guard which shall be made mandatory and ready for his/her use while performing post. armored service duties and the like: 1. EQUIPMENT & PARAPHERNALIA SECTION 8. Prescribed Basic Uniform .

Nightstick / baton 3. Writing pen 6.2. Notebook and duty checklist . Whistle 4. Timepiece (synchronized) 5.

Service Firearm (As required) .7. First Aid Kit 9. Flashlight 8.

Communication Radio . Other Equipment. Handcuff 2. Metal Detectors 3.SECTION 9. 1.

Canine (K-9) .4. Armor Vest 6. Stun Guns 5.

RULE XIII: POWERS AND DUTIES SECTION 2. Arrest by security guard. in his presence. clothed with police authority.A security guard. the person to be arrested has committed. or private detective is not a police officer and is not. When. is actually committing. or is attempting to commit an offence. . . However. he may effect arrest under any of the following circumstances: 1. therefore.

Rule of Court). and When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another (Section 6. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. Rule 113. 3.2. .

To walk in an alert manner during my tour of duty and observing everything that takes place within sight or hearing. To report all violations of regulations and orders I am instructed to enforce. To take charge of the post and all company properties in view and protect/preserve the same with utmost diligence. . To relay all calls from posts more distant from the security house where I am stationed. 5. 2. 3.11 GENERAL ORDERS 1. 4. To quit my post only when properly relieved.

To talk to one except in line of duty. 8. obey and pass on to the relieving guard all orders from company officers or officials. post in charge or shift leaders. 9. superiors in the agency. To sound or call the alarm in case of fire or disorder. . ranking public officials and officers of Philippine National Police 11.6. To call the superior officer in any case not covered by instructions. to challenge all persons on or near my post and to allow no one to pass or loiter without proper authority. 7. supervisors. 10. To receive. To be especially watchful at night and during the time of challenging. To salute all company officials.

RULE XV: POST TO POST INSPECTION .

PNP-SOSIA COMPLETE UNIFORM SG COMPLETE UNIFORM SG/SO LICENSE LETTER ORDER DUTY DETAIL ORDER VIOLATION TICKET REPORT GENERAL PHYSICAL APPEARANCE .

RULE XVII: ADMINISTRATIVE SANCTIONS .

SANCTIONS AGAINST LICENSED SECURITY PERSONNEL LIGHT OFFENSES Use of profane languages PENALTIES Acts of discourteous Suspension = 1 to 30 days. All acts prejudicial to good conduct. etc. Behavior. or Fine = 100 to 500 pesos or both Failure to notify PNP in case of d Disorder/riots/strikes. morals and similar acts .

LESS GRAVE OFFENSES SG/SO/FA License. DDO not in possession Use of uniform not appropriate for one’s Rank or position PENALTIES Suspension = 1 month & 1 days to 6 months. or Fine = 500 to 1000 pesos or both Leaving his post without properly relieved Indiscriminate firing .

or Fine = 10.GRAVE OFFENSES PENALTIES Use of Unprescribe uniform Suspension = 6 months & 1 day to 1 yea.000 to 500. abetting or protecting criminal Elements during or off duty Providing confidential information to Unauthorized persons Refusal to provide information to Authorized persons Illegal search Taking alcoholic beverages or being drunk while on duty Abuse or acting beyond scope of authority Misrepresentation in the submission of Documents for license renewal .000 pesos or both And cancellation of license Using personally owned or unlicensed Firearm during tour of duty Lending issued firearm to unauthorized Persons Assisting.

RULE XVIII: DUTIES DURING STRIKES AND LOCKOUTS .

SECURITY GUARDS DET. COMMANDERS Shall not carry firearms Collect firearms of the guards Shall avoid direct contact with strikers Account all firearms in a logbook Shall stay within the perimeter of the installation Shall use only sufficient and reasonable Force necessary to overcome risk Shall refrain from assisting acts of management leading to physical clash of forces Maintain constant contact with the Management Advise the Management to request for PNP Security assistance AT NO INSTANCES SHALL PRIVATE SECURITY PERSONNEL NEGOTIATE WITH STRIKERS .

Question? Can any person’s may effect arrest / apprehension? .

Answer “YES” .

 Any person (citizen arrest) may effect arrest / apprehension when the person to be arrested is actually committing or about to commit an offense in his presence. stated.Under the POWERS & DUTIES of SGs as enumerated in Rule IX of the Implementing Rules and Regulations of RA 5487. .

.What justifies a detention?  You may lawfully detain a person if you have reasonable grounds to suspect that the person is involved in an offence.

Search and Seizure  is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents. . do a search of a person's property and confiscate any relevant evidence to the crime. who suspect that a crime has been committed.

whether you're shopping in a supermarket or a pharmacy. you may be more likely to be confronted by a security guard than by a police officer. or visiting a friend in a housing project. As private security guards increasingly exercise traditional police functions. working in an office building. The guard can detain the teenager.Restrictions on Private Security Personnel  Private security personnel currently outnumber police officers in the country by three to one. Inside the backpack the guard finds a baggie containing an illegal drug.  For example. The drug is admissible in evidence. call the police. assume that a shopping mall security guard acting on a pure hunch searches a teenager's backpack. because the search was conducted by a private security guard. . and turn the drug over to a police officer. As a result.

#&' ! $%% ! $%$!%  .

!! $ $  !%& # $  !%& # $.

$ $ %%# ## &%% ## ' % %%#! #% #!$!!# .

#&' $%#%'$% $ .

4:7904:8 $:850384394 /.08 !%$ .:70943491!!3.9841/8.30.3:.$% $$%$$&#%!#$  % $$ &80415741.8 47 30 94 5084847-49 ..8041/ 847/07.

7498.

.43/:.9444/.98570:/..47 247..98 .3/82..7.8.9 0.89708 09. .

$$#' $$ $.

$ .

38548994:9574507700...347548943 !%$ $:85038432439 /.0/ 3/8.90147430 8 #.557457.89424398 47 30 94 5084847-49 0.723.90173 .0380  3493548808843 &8041:31472349.

7.93-043/8..94394 &3.:9479 #01:8. .431/039.07../031472.:9470/ !078438 0.#' $$ !%$ &8041&35708.0380 &83507843.0.44.940.9433908:-2884341 4.94341.3.45041 .-0./3.03807030.7-0:31472 $:850384324398 /.93.:9470/5078438 -:8047.94574.80. 47 30 94 5084847-49 3/.7294:3.3.. 88893 .430/47:3.-09934757490.0847-03 /7:3043/:9 !74.0380/ 70.:20398147.723.72/:7394:741/:9 03/388:0/170. 020398/:7347411/:9 %.31472.94394 :9470/5078438 8705708039.

#&' &%$&#$%#$  &%$ .

89.$&#%&#$ %  #$ $.3.943 .7284190:.4:39.0 20390..98412.7283.39.9170.0 $.439.4-44 $.8889.:79.4389..170.039...02039 $.3.8090.3..0203994706:089147!! $0.7017.088./39458.349.3..728 40.08 % $%$$!#'%$&#% !#$  %%%$%##$ .9.:80438:11..3..42078 /.77170.-0 47.9390507209074190 389.7/8 $.7944.9990 .030.99897078 ...4//70.843..88893.39.841147.07.3/70.439.31742.

 0110.3.9.3507843 82.":08943 .77089.

 .557003843 .

3807 $ .

90/ 3 507843 .90/ 3 #:0  41 90 25020393 #:08 .903 .3/ #0:.77089 .77089 .9438 41 #  89.8 03:207.90/ 89.&3/07 90 ! #$ &%$ 41 $8 .

557003843 507843 94 -0 . ..0 570803.3 .9 03 90 8 .0 2.9:.422993 47 . 0110. .4229 .770890/ .-4:9 94 4110380 3 8 570803.

1: /09.0/ 3 .9 90 507843 8 3.3 .0 70.0 41103./0903943 4: 2. 507843 1 4: .9:89108..843.3 41103.0 .4. ..9 9.-0 74:3/8 94 8:850.

0.3 700.90 .8 -003 .:947908 . 507843 8 5745079 ..422990/ /4 .39 0.0/:70 :80/ 3 2. 0.720 .3/ . .9 9.9 .720 . 574./03.720 .7.42243 .0398 4 8:850. 80.4318. ..0 47 4907 .7.. . 889028 070- 54.3/ .3/$0:70 8 .$0. 41 .3/ 907 .3 ..0 94 90 .

.43/:.. -..4:397 - 9700 94 430 8 .43174390/ - .. 54.90/ - .07 411.7./943. 54.33 .:80 90 411.250 .439. 5. 54.:79 :.:79 !0784330 !7.90 :.93 43 .88:20 9.7.90$0..8 ./03.07 47 0.5.0 411..3 411.9438 1:3.07 .9 .:79 :.. -0 2470 0 94 -0 . 430 8:5072.07 8 -. 90 :.3 - . ...07 80.83 007.7/8 3.3 /7: /09.3 0.0 -:/3 47 .078 3 90 . /7: %0 :. 80.07 94 .90 80.:79 :.7/ . 80.7/ 13/8 ..80 97.72.:77039 4:93:2-07 54./288-0 3 0.08 ..3 90 9003.:79 50784330 .70.0 411.0 ..893 .9 4: 2. 5:70 :3. 708:9 0907 4: 70 84553 3 .0 1:3. 80.0 .#0897. 84553 2..709 47 .7/ 80..90 80.943843!7.0 411.:79 :. 1703/ 3 . 38/0 90 -.7/ 8 57. 90 54.9438 . 4:83 5740.3/ 9:73 90 /7: 4..0 -0.5.07 %0 /7: 8 . 57. 473 3 .7/ .5.7/ 9. 9003. -.