The Private Security Services Industry Act

Case Overview and Summary

Summary of Republic Act No. 11917 (The Private Security Services Industry Act):

Policies and Definitions (Sections 2-3):
- Recognizes the vital role of the private sector in protection, safeguarding property, and maintaining peace and order.
- Aims to strengthen regulation and establish quality standards for competent private security personnel.
- Defines key terms like License to Exercise Security Profession (LESP), License to Operate (LTO), Pre-Licensing Training Programs, Private Security Agency (PSA), Private Security Industry, Private Security Professional (PSP), Private Security Services, Private Security Training Agency (PSTA), Security Consultant, Security Hardware, and Security Hardware and Systems Designers and Planners.

Registration and Licensing of Private Security Agency (Sections 4-11):
- Filipino citizens or wholly Filipino-owned entities can organize a PSA with up to 2,000 PSPs. (Section 4)
- Qualifications for PSA operator or licensee include age, education, ownership, good moral character, no criminal convictions, and physical/mental fitness. (Section 5)
- LTO from the PNP Chief is required to operate a PSA or PSTA, valid for up to 5 years. (Sections 6-7)
- PSAs must pay fees and post a bond determined by the PNP Chief. (Section 8)
- PSAs must charge at least 20% of the total contract cost as administrative fee. (Section 9)
- PSAs can possess firearms under PNP regulations, limited to small arms not exceeding one per PSP. (Section 10)
- PSP uniforms must be different from law enforcement and prescribed by the PNP. (Section 11)

Private Security Professionals (Sections 12-15):
- Qualifications for LESP include legal age, Filipino citizenship, physical/mental fitness, good moral character, and no criminal convictions. (Section 12)
- LESP is valid for 5 years. (Section 13)
- Pre-Licensing Training Program is required for LESP. (Section 14)
- PNP and accredited institutions shall develop ladderized training and education for PSPs. (Section 15)

Penal Provisions (Section 16):
- Penalties for violations include cancellation, revocation or suspension of LTO, fines from P50,000 to P5,000,000, and imprisonment from 6 months to 20 years, depending on the offense.

Miscellaneous Provisions (Sections 17-20):
- PNP shall promulgate implementing rules and regulations within 90 days, in consultation with stakeholders. (Section 17)
- Separability clause. (Section 18)
- Repealing clause for Republic Act No. 5487 and other inconsistent laws. (Section 19)
- Effectivity 15 days after publication in the Official Gazette or newspaper. (Section 20)