Sunday, May 25, 2008

RA 5487 Administrative Sanctions

SECTION 1. Policy. Corollary to Section 2 Presidential Decree 1919 dated 28 April 1984, the Chief, PNP or his authorized representative may impose, after confirming any violation of republic Act 5487, its amendments and implementing rules and regulations,the penalty of suspension, or cancellation of the license/accreditation of any private/government security or training personnel; provided that in cases of violationscommitted by any private security/detective agency, company guard force or private security training institution, the administrative penalty which may be imposed shall only be administrative fine or cancellation of license without prejudice to any criminal action against the violator.

SECTION 2. Purpose. The purpose of these rules and regulations is to rationalize the
schedule of administrative penalties as provided in Section 8 of RA 5487,as amended.

PART 2
Sanctions Against Licensed Security Personnel
SECTION 3. Classification of offenses. - The following terms shall be construed to
mean as indicated which shall likewise refer to the individual person as private security or security training personnel:
a. Light Offenses shall include, but not limited to:
(1) those related to uniforms except those falling under paragraph c(1)
hereunder;
(2) use of profane languages;
(3) acts of discourteousness;
(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) violation of Section 1, Rule X of these rules and regulations otherwise not
specifically falling under this and paragraphs b and c of this rule; and
(7) all acts prejudicial to good conduct, behavior, morals and similar acts,
pursuant to existing laws, rules and regulations.
b. Less grave offenses shall include, but not limited to:
(1) not having in possession his/her license to exercise profession, duty
detail order and/or firearms license (when carrying firearms), while
performing private security service;
(2) use of uniform not appropriate for one’s ranks or position;
(3) leaving his post without being properly relieved, thus exposing the lives
and properties he is supposed to protect from danger;
(4) indiscriminate firing of firearm not in connection with the performance of
duty;
(5) other similar offenses pursuant to existing laws, rules and regulations.
c. Grave offenses shall include, but likewise not limited to:
(1) Using uniform other than that prescribed under these rules;
(2) using personally owned or unlicensed firearm during tour of duty;
(3) allowing the use/lending issued firearms to unauthorized persons;
(4) assisting, abetting or protecting criminals during or off duty;
(5) providing confidential information to unauthorized persons;
(6) refusal to provide information to authorized persons;
(7) illegal search;
(8) taking alcoholic beverages or being drunk while on guard duty;
(9) abuse or acting beyond the scope of authority;
(10) misrepresentation in the submission of documents for renewal of license;
(11) other similar offense pursuant to existing laws, rules and regulations.
d. Fake License - a document issued by and/or secured from sources other
than the SAGSD.

SECTION 4. Penalties. - Without prejudice to the filling of the appropriate criminal action,the following penalties shall be imposed after investigation of any private security personnel, thereafter found guilty of committing any of the offenses previously enumerated in Section 3 of this rule:
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 (P100.00-
P500.00) 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 (P500.00-P1, 000.00) or both; and
c. For grave offenses. - Six (6) months and one (1) day to one (1) year suspension or a fine ranging from ten thousand (P10, 000.00) pesos minimum to fifty thousand pesos maximum (P50, 000.00) or both, and/or cancellation of license/permit.

SECTION 5. Status during suspension. - Unless dismissed by his employer agency on
legal grounds, a security guard who is suspended pursuant hereto shall not be entitled to receive his salary corresponding to the period of suspension. The agency in this case shall provide a substitute guard to man the post of the suspended guard in order not to prejudice the interest of its client. Provided, that the service of the substitute guard shall be good only during the period of such suspension.

SECTION 6. Any private security personnel who commits the same offense as
enumerated in Section 3 above, after having been suspended for least three (3) times
within the lifetime of his license shall be cancelled.

security incident log..

Informative materials involving security personnel, guards officers, and security agencies to help in self-assessments and case reviews aim to improve the security service.

http://www.sunstar.com.ph/static/ceb/2008/05/25/news/security.guard.to.sue.employer.agency.html

Republic Act. 5487.

http://www.lawphil.net/statutes/repacts/ra1969/ra_5487_1969.html

Complete information pertaining to licenses and fees.

http://www.pnp.gov.ph/reg/content/sagsd.html

Saturday, May 17, 2008

contract rates against quality..

having been with different companies in the private sector, i may very well speak of how security service providers are from the client's perspective during a selection process. how service agencies are picked, processed and finally awarded with the security service contract. a dozen of agencies or more in a city certainly tells us how rough competitions are in this industry. there are agencies that are self-conscious about standards, and there are those not and doesn't care much about government mandates. by word of mouth, these agencies are the so called, fly-by-nights!

a client company normally drives to seek quality service from security contractors and yet do away with high rated contracts. choosing quality against an offered rate is usually overlooked simply because companies are budget focused in most cases.., at least to those labelled as "non-income generating units" in a business environment. security as one. without the appropriate guidance of security officers and managers, the company wraps everything up with the lowest bidder whom most likely has the poorest in quality and support services. Such decision now leaves the end-users (security) suffer.

nonetheless, the corporate stays incognizant about the fact that when end-user suffers, the company absorbs most of the impact.