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PRESIDENTIAL DECREE No. 100

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AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FIFTY-FOUR HUNDRED EIGHTY-SEVEN, OTHERWISE KNOWN AS, “THE PRIVATE SECURITY AGENCY LAW,” AS AMENDED BY PRESIDENTIAL DECREE NO. 11, DATED OCTOBER 3, 1972

WHEREAS, Republic Act Numbered Fifty-four hundred eighty-seven, otherwise known as, “The Private Security Agency Law,” has been amended by Presidential Decree No. 11, dated October 3, 1972 to make it more responsive to the demands of peace and order especially after the promulgation of Proclamation No. 1081, dated September 21, 1972;

WHEREAS, in the course of the enforcement of said Private Security Agency Law, as amended, it has been observed that there is need for additional amendments to attain fully the objective thereof.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to Proclamation No. 1081, dated September 21, 1972 and in my capacity as Commander-in-Chief of all the Armed Forces of the Philippines, do hereby order and decree that:

1. Section three (d) of Republic Act Numbered Fifty-four hundred eighty-seven, otherwise known as, “The Private Security Agency Law,” as amended, be further amended to read as follows:

“(d) Watchman or Security Guard; Watchman or Security Guard Agency. Any person who offers or renders personal service to watch or secure either residential or business establishment, or both, or any building, compound, area, including, but not limited to, logging concessions, agricultural, mining or pasture lands, for hire or compensation, or as an employee thereof, including any employee of the national or local governments or any agency or instrumentality thereof and of government-owned or controlled firms or corporations, who is employed to watch or secure government buildings, compounds, premises and other properties, other than members of the Armed Forces of the Philippines, guards of the Bureau of Prisons, provincial and city jail guards, and members of city and municipal police forces, shall be known as watchman or security guard; and any person, association, partnership, firm or private corporation, who/which recruits, trains, furnishes, or employs any watchman or security guard, or solicits individual, business firms, private, public or government-owned or controlled corporations to engage his/its service or those of his/its watchmen or security guards, shall be known as Watchman or Security Guard Agency.”

2. Section four of Republic Act Numbered Fifty-four hundred and eighty-seven, as amended, is amended further by adding as the last paragraph thereof the following:

“The qualifications for an individual, firm, corporation, partnership, or association not doing business or organized purposely or principally as a watchman or security guard agency who/which is utilizing any of his/its employees to watch, secure or guard his/its business establishment, premises, compound or properties and required to secure a license in accordance herewith shall be as prescribed by law, rules or regulations governing his/its business organization and operation.”

3. Section five of Republic Act Numbered Fifty-four hundred and eighty-seven is hereby amended by inserting before the final proviso thereto the following:

“Provided, furthermore, That instead of the qualifications herein prescribed, employees of the national or local governments or any agency or instrumentality thereof, or of government-owned or controlled corporations required to secure a license under this Act shall be subject to the qualifications for the positions to which they are appointed.”

4. Section eight of Republic Act Numbered Fifty-four hundred eighty-seven is hereby amended by inserting as the last paragraph thereof, the following:

“Provided, finally, That the national or local governments, or the agencies or instrumentalities thereof, as well as government-owned or controlled corporations which shall utilize any of their employees as watchman or security guard are exempted from securing the license herein prescribed.”

5. Section eight of Republic Act Numbered Fifty-four hundred eighty-seven is hereby amended by inserting as the last proviso thereof, the following:

“Provided, further, That employees of the national or local governments or the agencies or instrumentalities thereof, as well as of government-owned or controlled corporations, who are employed or utilized as watchman or security guard as herein defined, shall not pay the fees or file the bonds herein prescribed.

6. Section nine of Republic Act Numbered Fifty-four hundred eighty-seven is amended to read as follows:

“Sec. 9. Employees need not be licensed. Any person operating, managing, directing or conducting a licensed private watchman or security guard agency, as well as any person having any participation in the management or operation thereof except those employed solely for clerical or manual work shall secure the license prescribed by section 6 of this Act, as amended.”

7. Section eleven of Republic Act Numbered Fifty-four hundred eighty-seven is hereby amended by adding as the second paragraph thereof, the following:

“In case of emergency or in times of disasters or calamities, the Chief of Constabulary may deputize any private detective, watchman or security guard as herein defined to assist the Philippine Constabulary in the performance of Constabulary duties for the duration of such emergency, disaster or calamity.”

8. Paragraph one of Section sixteen of Republic Act Numbered Fifty-four hundred eighty-seven is hereby amended to read as follows:

“On membership: No license shall be granted to any agency unless it has under its employ at least fifty watchmen or security guards: Provided, That any agency which is now operating with less than fifty watchmen and/or security guards may continue to operate until June 30, 1973: Provided, further, That all agencies shall have under their employ not less than one hundred watchmen and/or security guards by January 1, 1974: Provided, finally, That the maximum number of watchmen or security guards that an agency may employ, to include its branches, shall be as follows:

1. In the Greater Manila Area (Philippine Constabulary Metropolitan Command Area of operation) ……………. not more than one thousand;

2. In the first class cities and municipalities ……………. not more than five hundred; and

3. In other cities and municipalities ……………. not more than three hundred.

The Chief of Constabulary may promulgate necessary rules and regulations for the effective implementation of this Decree.

Done in the City of Manila, this 17th day of January, in the year of Our Lord, nineteen hundred and seventy-three.

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