1.

The Universal Declaration of Human Rights articulates fundamental rights and freedoms for
all.

2. The General Assembly of the United Nations adopted the Declaration on 10 December 1948.

3. Motivated by the experiences of the preceding world wars, the Universal Declaration was
the first time that countries agreed on a comprehensive statement of inalienable human
rights.

4. The Universal Declaration begins by recognizing that ‘the inherent dignity of all members of
the human family is the foundation of freedom, justice and peace in the world’.

5. It declares that human rights are universal – to be enjoyed by all people, no matter who
they are or where they live.

6. The Universal Declaration includes civil and political rights, like the right to life, liberty, free
speech and privacy. It also includes economic, social and cultural rights, like the right to
social security, health and education. The Universal Declaration is not a treaty, so it does not
directly create legal obligations for countries.

7. However, it is an expression of the fundamental values which are shared by all members of
the international community. And it has had a profound influence on the development of
international human rights law. Some argue that because countries have consistently
invoked the Declaration for more than sixty years, it has become binding as a part of
customary international law.

8. Further, the Universal Declaration has given rise to a range of other international
agreements which are legally binding on the countries that ratify them. These include
1. the International Covenant on Civil and Political Rights (ICCPR) and

2. the International Covenant on Economic, Social and Cultural Rights (ICESCR).

9. Other binding agreements which expand on the rights contained in the Universal
Declaration include:
1. the Convention on the Elimination of All Forms of Racial Discrimination 1965

2. the Convention on the Elimination of All Forms of Discrimination against Women 1979

3. the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment 1984

4. the Convention on the Rights of the Child 1989

5. the Convention on the Rights of Persons with Disabilities 2006

1. The harmonious blending of common law and civil law in one legal system

               The Philippine legal system today is a unique blending of common law and civil law principles.
It’s public law is substantially patterned after common law doctrines, while its private law follows the
civil law tradition of Spain. This unusual mixture of common law and civil law in one legal system is the
inevitable result of its colonial history. The Philippines was a colony of Spain for over three hundred
years and was under the American colonial regime for about half a century. From the beginning of the
Spanish era up to 1898 when the Americans defeated the Spaniards in the Spanish-American war, the
civil law system of Spain was adopted in the Philippines. From December 10, 1898, when Spain ceded
the Philippines under the Treaty of Paris to the United States up to July 4, 1946 when the U.S. colonial
regime formally ended, common law or public law principles in the United States were engrafted in the
Philippine legal system. Thus, the Philippine private law at present such as the law on persons and family
relations, obligations and contracts, and succession, among others, are substantially patterned after the
civil code of Spain. On the other hand, it’s public law, notably constitutional law, administrative law, and
the law on public offices, among others, are to a great extent based on American law.

2. The doctrine of Separation of powers between the Executive, Legislative, and Judicial branches of
government

               It is noteworthy that the Constitution of the Philippines bears the imprint of certain dominant
principles embedded in the U.S. Federal Constitution. Starting with the 1935 Constitution to the 1973
Constitution, and the current Constitution of 1987, the concept of separation of powers between the
Executive, the Legislative, and the Judicial branches of government has been consistently recognized.
The doctrine of separation of powers is designed to prevent tyranny by preventing the concentration of
the sovereign powers of state in one body. It is in harmony with the first principle enshrined in Section 1
Article III of the present Constitution which expressly recognizes that the Philippines is a democratic and
republican State.

3. The power of Judicial Review and the Bill of Rights in the Constitution

               The important role of judicial review in the Philippine constitutional or legal system cannot be
overemphasized. In fact, under the present constitution, the certiorari power of the Supreme Court has
been expanded by Section 1 Article 8 thereof to include the determination “whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.”

               Pursuant to the establishment of a democratic and republican state where sovereignty resides
in the people, the Philippine constitution devotes an entire article on a Bill of Rights. Among the rights
guaranteed by Article III are the following:

               1) The right to due process,

               2) The right to equal protection of the laws,

               3) The right against unreasonable searches and seizures,

               4) Privacy of communication,

               5) Freedom of speech, of expression, or of the press,

               6) The right to peaceably assemble and petition the government for redress of grievances

               7) The free exercise of religious worship,

               8) The liberty of abode and the right to travel,

                 9) The right to information on matters of public concern,

               10) The right to form unions, associations or societies for purposes not contrary to law,

               11) The right to counsel,

               12) The privilege against self-incrimination,

               13) The right to bail,

               14) The right to be presumed innocent until the contrary is proved,

               15) The privilege of the writ of habeas corpus,

               16) The right against double jeopardy, and

               17) The right against ex post facto law or bills of attainder.

               Over the years the Philippine Supreme Court has rendered leading or landmark decisions
interpreting and expounding on the meaning and scope of the constitutionally guaranteed rights. Quite
a number of these decisions were influenced by relevant U.S. Supreme Court decisions on Constitutional
Law. Today, it can be fairly said that the Philippine Supreme Court has, to its credit, established a
consistent record of enhancing and protecting the constitutionally guaranteed rights through the
exercise of its power of judicial review.

   The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such
as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason. The
Code also penalizes other acts which are considered criminal in the Philippines, such as adultery,
concubinage, and abortion. It expressly defines the elements that each crime comprises, and the
existence of all these elements have to be proven beyond reasonable doubt in order to secure
conviction.

               Not all crimes in the Philippines are penalized under the Code; certain crimes, such as the illegal
possession of firearms, are penalized under special legislation contained in Republic Acts. The most
notable crimes now excluded from the Revised Penal Code are those concerning illegal drug use or
trafficking, which are penalized instead under the Dangerous Drugs Act of 1972 and later the
Comprehensive Dangerous Drugs Act of 2002.
               One distinct aspect of the Revised Penal Code centers on its classification of aggravating,
exempting and mitigating circumstances, the appreciation of which affects the graduation of penalties.
Penalties under the Revised Penal Code are generally divided into three periods – the minimum period,
the medium period, and the maximum period. In addition to establishing the elements of the crime, the
prosecution may also establish the presence of aggravating circumstances in order to set the penalty at
the maximum period, or mitigating circumstances to reduce the penalty to its minimum period. The
presence of both aggravating and mitigating circumstance, or the absence of such circumstances, may
result in the imposition of the penalty in its medium period.

               Several provisions of the Revised Penal Code have also been amended through Republic Acts.
One of the more consequential amendments came in 1997, with the passage of Republic Act No. 8353,
the Anti-Rape Law of 1997. Prior to the 1997 amendments, rape had been classified as a crime against
chastity and was defined as "having carnal knowledge of a woman" under enumerated circumstances
that indicated lack of consent. Under the amendments, rape was reclassified as a crime against persons.
The definition was further expanded from mere "carnal knowledge of a woman" and now included "an
act of sexual assault by inserting his penis into other person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person." Additional circumstances by which the victim
would be deemed incapable of giving valid consent were also integrated into this new definition of rape.

               With the abolition of the death penalty in 2006, the highest penalty currently possible under the
Revised Penal Code is reclusion perpetua, which ranges from 20 years and 1 day to 40 years'
imprisonment. The penalty of life imprisonment is not provided for in the Revised Penal Code, although
it is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act.

   It is the law that governs the organization and operations of Private Security Agency throughout the
Philippines. It is otherwise known as “Private Security Agency Law of the Philippines. This act was
approved on October 3, 1972. It was amended on October 8, 1994.

TYPES OF SECURITY GUARD FORCE

1. Private Security Agency – any person, association, partnership, firm or private corporation
who contracts, recruits, trains, furnishes or posts any security guard to do its function or
solicit individuals, business firms, government agencies and the like, to engage his or her
service for hire for commission or compensation.

2. Government Security Force – a security force or unit maintained by any government entity
other than the AFP and PNP for the purpose of securing the office or compound and
extension of such government entity.

3. Company Security Force – a security force or unit maintained and operated by private
company/corporation for its own security requirements only.
Advantages of PSA

1. economical

2. security administrative problems are reduced

 3. problems relating to recruiting, training and pre – employment investigation are reduced if
not eliminated

4. reduced problems on absenteeism and leaves

5. security personnel are separated from employees

6. in case of accidents or deaths, agency take care of the cumbersome details

7. in case of emergencies, extra guards are available

8. in case of company strikes, agency guards will be on duty to carry out their duties.
Disadvantages of PSA

1. lack of training

2. security guards carry low caliber of firearms

3. no company loyalty

4. higher turnover

5. security guards is not familiar with facilities they   protect

 

Advantages of CSA and GSA

1. loyalty to the organization is more intense

2. security of tenure of service

3. generally, high caliber of men is employed

4. highly classified works can be assigned

5. company guards are more familiar with facilities they protected

Disadvantages of CSA and GSA

1. it costs more

2. problems of available back-up personnel

3. security guards may be required joining union

Private Detective – any person who does detective works for hire, reward or commission other than
members of the PNP and the AFP or other Law Enforcement Agency of the government. Those engage in
private services such as:

1. character check of a persons

 2. locating missing persons

3. surveillance works

4. other matters as embodied in the contract

License to Exercise Profession – shall mean any document issued by the CPNP or his duly authorized
representative recognizing a person to be qualified to perform his duties as a security guard or
detective.

License to Operate – a document issued by the CPNP or his duly authorized representative authorizing a
person to engage in the occupation, calling a person as SG or PD to establish, engage, manage or
operate an individual or private security agency or company force.

Basic Qualification of a Private Detective

In addition to the general qualifications, a detective should possess any of the ff:

1. LLB holder

2. Graduate of Criminal Investigation Course

3. Advance ROTC Graduate

Basic Qualification of a Security Guard

1. High School Graduate

2. At least 18 years of age but not more than 50

3. Locally cleared with PNP and NBI

4. Neuro – Psychiatric Clearance

5. Undergone Pre-licensing Training Course

Pre – Licensing Training Course – is an orientation of an incoming security personnel as security guards
regarding the nature of the security profession and the law that governs its operation. It is designed to
educate new applicants on the national and community security needs and to upgrade discipline,
competence and efficiency of security guards or private detectives.

Required Characteristics of a Security Guard

1. alertness

2. judgment

3. confidence

4. physical fitness

5. tactful and self-control

ORGANIZATIONAL STRUCTURE

1. PSA – organized to operate with an initial requirement of at least 100 SG during the first
year of operations, and 200 SG, the minimum required by Regular License to Operate,
during the succeeding years.

2. CSA – shall be organized and conform substantially to the organizational structure

prescribed for security agencies.

3. GSA – shall be organized and conform with the organizational structure of the said
government firm but not contrary to the organizational structure as prescribed for
government security units.

4. PSA shall maintain a branch or office in their registered address. To maintain only one main
branch within the registered address, and may maintain other sub-branches or offices
outside the province or city where they have at least an initial employment 10 guards during
the first year until the 30 minimum guard requirement shall have been complied in the 3rd
year of operation.
PSA shall execute service contract between the agency and its client, and shall stipulate therein the
following:

1. money/ commission for guards

2. number of hours of security service per guard per duty

o Tenure of service of security personnel shall be co-terminus with the service contract
between PSA and client. However, a security guard must be terminated on the following:

o Grounds of Termination of Security Personnel

1. Expiration of Contract

2. Revocation of License to Exercise Profession

3. Conviction of a crime

4. Loss of trust and confidence by PSA

5. Violation of pertinent rules and regulations or policies

LICENSES AND FEES

o PSA License or License to Operate (LTO) – its issuance requires that applicant should obtain
a minimum capitalization of 1,000,000.00 and a minimum bank deposit of 500,000.00

o Filing of application of LTO shall be directed to the PNPSAGSD

o Endorsement of application shall be made by the CSFDO

Graduate Scale for License of PSA

1. PSA – temporary LTO having 200 SG but not exceeding 1000 SG shall have a regular LTO
good for 2 years.
 2. New PSA shall be issued temporary LTO good for one year

3. PSA with temporary LTO posted 100 SG but less than 200 shall, upon expiration of LTO be
issued an extension period of 6 months. However, upon expiration of 6 months extension
periods, no additional extension of license shall be granted unless PSA concerned submit a
certification for posting an additional of 50 SG thereby making a total of 150 SG.

4. PSA with extended temporary LTO shall be given another 6 months of operation to comply
with the 200 SG minimum requirements for regular LTO otherwise non-compliance shall
mean cease operation.

5. License of PSA with less than 100 SG shall not be renewed after one year of operation.
USE OF FIREARMS AND EQUIPMENTS

o Upon complying with the requirements prescribed by the CPNP pertinent to possession of
FA, the PSA shall be entitled to possess the following:
1. shotguns (not higher than 12 gauge)

2. caliber 22

3. caliber 38 (pistol or revolver)

4. other low powered rifles.

The number of FA items are the following:

o PSA with 100 SG – initial procurement of 30 pieces licensed FA. However, after 6montsh of
operation, PSA may procure licensed FA in proportion to the number of guards posted to
client.

o PSA with regular LTO may possess at least 70 licensed FA.

o Use of FA by the PDA shall be optional

o Limitations in the carrying of FA
               The FA issued to a security personnel of the agency shall be carried by the security guard only
during his tour of duty while in proper uniform and within the compound of the establishment where he
is assigned to guard except when he is escorting big amounts of cash or valuables, and upon proper
coordination with the nearest PNP unit

o Stocking of Ammunition
               Security Agency shall be authorized on a limited and reasonable quantity of               
ammunitions that will suit the requirements and need of the agency

1. 50 rounds of ammunition/unit of FA

2. 25 rounds of ammunition issued to SG

o Duty Detail Order
               Is a written instruction issued by the agency to its guard to perform lawful order.
POWERS AND DUTIES

Territorial Power

        SG shall watch, secure the property of the person, firm or establishment with whom he or his
agency has a contact for security services. Such service shall not, however, extend beyond the property
or compound of said person, firm or establishment except when required by the latter in accordance
with the terms of their contract to escort big amount of valuable items or in some cases, in hot pursuit
of criminal offender.

Method of Arrest

        When making an arrest, the SG shall inform the person to be arrested of the intention to arrest him
and the cause of the arrest, unless the person to be arrested forcibly resist arrest and there is no
opportunity to inform him when giving such information will imperil the arrest.

Duty of SG in Making Arrest

        To turn over the arrested person to the nearest police officer unit or station without necessary
delay and with the time prescribes in Article 125 of RPC.

 It is hereby declared to be the policy of the State to promote peace and order, ensure public safety and
further strengthen local government capability aimed towards the effective delivery of the basic services
to the citizenry through the establishment of a highly efficient and competent police force that is
national in scope and civilian in character. Towards this end, the State shall bolster a system of
coordination and cooperation among the citizenry, local executives and the integrated law enforcement
and public safety agencies created under this Act.

               The police force shall be organized, trained and equipped primarily for the performance of
police functions. Its national scope and civilian character shall be paramount. No element of the police
force shall be military nor shall any position thereof be occupied by active members of the Armed Forces
of the Philippines.

The PNP

               Subject to the limitations provided for in this Act, the Philippine National Police, hereinafter
referred to as the PNP, is hereby established, initially consisting of the members of the police forces who
were integrated into the Integrated National Police (INP) pursuant to Presidential Decree No. 765, and
the officers and enlisted personnel of the Philippine Constabulary (PC).

Civil Security Unit - Headed by a Director with the rank of chief superintendent, the Civil Security Unit
shall provide administrative services and general supervision over organization, business operation and
activities of all organized private detectives, watchmen, security guard agencies and company guard
house.

An act providing for the reform and reorganization of the Philippine National Police and for other
purposes, amending certain provisions of republic act numbered sixty-nine hundred and seventy-five
entitled, "an act establishing the Philippine National Police under a re-organized department of the
interior and local government.

- CHED Memorandum Order No. 6-2018 set the foundations of Bachelor of Science in
Industrial Security Management as a new program under Criminal Justice Education.
This program involves the study and application of principles of security. It prepares its
graduates to assume SUPERVISORY ROLES. It involves the study of principles and
methods of risk management and the applicable interventions that confronts all types of
human conditions and endeavors. It also includes the study and practice of the means of
protecting resources from loss and damages.

- The 1987 Constitution established a representative democracy with power divided

among three separate and independent branches of government: the Executive, a
bicameral Legislature, and the Judiciary

- ACT No. 3815 (December 8, 1930)

- AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS "The Revised Penal Code."

GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF

THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE
AND THE PENALTIES. Time when Act takes effect. - This Code shall take effect on the 1st
of January, 1932. The Revised Penal Code criminalizes a whole class of acts that are
generally accepted as criminal, such as the taking of a life whether through murder or
homicide, rape, robbery and theft, and treason.

- REPUBLIC ACT No. 5487. AN ACT TO REGULATE THE ORGANIZATION AND OPERATION
OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARDS AGENCIES. known as "The
Private Security Agency Law." Linked to PRESIDENTIAL DECREE No. 11 October 3, 1972
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FIFTY-FOUR HUNDRED
EIGHTY-SEVEN OTHERWISE KNOWN AS, "THE PRIVATE SECURITY AGENCY LAW."

- Republic Act No. 6975 established the Philippine National Police (PNP) under a

Reorganized Department of the Interior and Local Government. This law stated that PNP
is supposed to have a Maritime Police Unit, to absorb the police functions of the Coast
Guard and to be provided with sea capabilities . (The Tri-Bureau PNP, BFP, and BJMP
UNDER DILG)

- Republic Act No. 8551 February 25, 1998. AN ACT PROVIDING FOR THE REFORM AND
REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES,
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED
AND SEVENTY-FIVE ENTITLED, "AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE
UNDER A RE-ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT,
AND FOR OTHER PURPOSES"

- What is the difference between RA 6975 and RA 8551?

6975 as amended by Republic Act No. 8551, The PNP in under the administrative
 control and operational supervision of the National Police Commission. Meanwhile,
the NAPOLCOM is an attached agency of the Department of the Interior and Local
Government for policy and program coordination.

- The Universal Declaration of Human Rights (UDHR) is a milestone document in the history

of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948.
The Universal Declaration includes civil and political rights, like the right to life, liberty,
free speech and privacy. It also includes economic, social and cultural rights, like the
right to social security, health and education.