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[ PNP Memorandum Circular No. 2011-006, February 26, 2011 ]
Revised Guidelines and Procedures Governing the Availment of Protective Security
Date Filed: March 02, 2011
1. REFERENCES:
a. PNP Memorandum Circular No. 2010-009 dated July 8, 2010 New Guidelines and Procedures Governing the Availment of Protective Security;
b. NAPOLCOM Memorandum Circular No. 2009-004 dated December 28, 2009 Amending Memorandum Circular No. 2000-008 entitled: “Providing the General Guidelines Governing the Detail of PNP Personnel as Protective Security”;
c. PNP Memorandum Circular No. 2009-012 dated July 6, 2009 Guidelines and Procedures Governing the Detail of PNP Uniformed Personnel as Protective Security;
d. PNP Memorandum Circular No. 2006-001 dated September 4, 2006 Guidelines in the Admission, Employment and Deployment of Protection Agents;
e. Section 35 (b) (3), Republic Act No. 6975 otherwise known as the Department of the Interior and Local Government Act of 1990 as amended by Republic Act No. 8551 PNP Reform and Reorganization Act of 1998; and
f. Republic Act No. 5487 Private Security Agency Law of 1969 and its Implementing Rules and Regulations.
2. PURPOSE:
To provide additional guidelines and procedures in the availment and deployment of Protective Security Personnel (PSP) from the Philippine National Police and Protection Agents (PA) from accredited Private Detective Agencies.
3. DEFINITION OF TERMS:
For purposes of this Memorandum Circular, the following terms shall mean:
a. Indigent Protectee - persons applying for protective security whose family income does not exceed: P14,000.00 for those residing in Metro Manila; P13,000.00 for those residing in other cities; and P12,000.00 for those residing in all other places;
b. PNP Protective Security Personnel (PSP) - shall mean a member of the PNP providing protective security;
c. Private Detective Agency (PDA) - shall mean any juridical person, association, partnership, firm or private corporation, who contracts, recruits, trains, furnishes or posts a licensed private detective to perform private detective services such as investigation, surveillance, information gathering, training, consultancy to any person, private or public corporation under a contracted compensation. This includes providing personal security protection service to private persons or individuals;
d. Protectee - the person being provided with protective security. This shall also mean “client” as used in the personal security protection service offered by PDA;
e. Protection Agent (PA) - shall mean a SOSIA-licensed Private Security Personnel qualified and selected to perform or provide personal security protection to private persons or individuals entitled to protection;
f. Protective Security - is the state or quality of being secured or freed from danger and uncertainty. It may also include the various means or devices designed to guard persons and property against a broad range of security hazards;
g. Threat - is an indication of something impending and usually undesirable or unpleasant, with an intention to inflict evil, injury or damage on another, usually as retribution or punishment for something done or left undone. It is an expression of an intention to inflict loss or harm on another by illegal means, and especially by involving coercion or duress over the person or his welfare; and
h. Threat Assessment - the process of investigating/validating the truthfulness of the existence of threat to an individual.
4. SCOPE:
This Circular shall apply to any person whether public official (elected or appointed) or private individual who intends to avail or engage the services of PNP Protective Security Personnel and Protection Agents from Private Detective Agencies.
The Police Security and Protection Group (PSPG), which is mandated by law to provide security to government officials, foreign dignitaries, private individuals authorized to be given protection and key government installations, shall be the main implementing agency of this Circular.
5. WHO ARE ENTITLED TO PROTECTIVE SECURITY:
a. The PNP thru the PSPG shall detail Protective Security Personnel (PSP) to the fol- lowing personages even in the absence of a written request:
b. The following persons are entitled to protective security upon written request and without the need of threat assessment:
c. The Local Chief Executives (Governors and Mayors), upon written request, shall also be entitled to a maximum of two (2) protective security personnel, subject to approval of the Chief, PNP upon recommendation of the PNP Regional Directors.
d. The foregoing individuals may also employ the services of not more than four (4) private Protection Agents subject to the approval of the Chief, PNP.
e. Other public officials and private individuals may avail or engage the services of PNP Protective Security Personnel (PSP) subject to the approval of Chief, PNP under the following conditions:
1) That the applicant requesting for security is under actual threat/s of death and/ or physical harm;
2) That the threat/s, after due evaluation, is assessed to be imminent or highly possible of occurrence;
3) That the security may be withdrawm or terminated anytime or even before the expiration of the detail when the demands of the PNP so require or when specific provisions are violated in this Circular and other related issuances; and
4) Except in highly exceptional cases, only a maximum of two (2) PNP protective security personnel and four (4) protection agents shall be allowed.
6. OPERATIONAL GUIDELINES/PROCEDURES:
a. All applicants for protective security detail, except the Local Chief Executives, shall personnally submit at PSPG the following requirements:
1) Letter request addressed to the Chief, Philippine National Police thru the Director, PSPG;
2) Accomplished three (3) copies of the application form duly notarized;
3) Police report/blotter entry or any documentary proof or evidence relative to the threat; and
4) Special Bank Receipt showing payment of the appropriate fee.
b. Local Chief Executives shall submit their written requests and application for protective security detail to their respective PNP Regional Directors thru their ROPDs. The RDs shall thereafter endorse the request and application for the approval of the Chief, PNP thru D, PSPG.
c. Upon receipt of the preceding documentary requirements, threat assessment shall then be conducted by IG and local police units, which may act jointly or coordinate laterally for the purpose. All threat assessments shall be subject for validation by the Directorate for Intelligence (DI).
d. If upon receipt and evaluation of the application, the threat is imminent or highly probable, the Director, PSPG/RD, PRO shall provide temporary security detail. In the case of Protection Agents employed/deployed by PDAs/PSAs, especially for expatriate/ foreign tourist and individual who deem that his/her safety/life is in danger, the following provisions shall apply:
1) The Director, PSPG shall be authorized to issue an Interim Special Duty Detail Order (SDDO) to Protection Agents, valid for one (1) week, renewable but not to exceed one (1) week;
2) The Deputy Chief PNP for Operations shall be authorized to approve the detail of Protection Agents for the period of more than one week but not to exceed one (1) month; and
3) The Chief PNP shall be the approving authority for the detail of Protection Agents for periods exceeding one (1) month.
e. The applicant shall also be required to accomplish an affidavit of undertaking indicating therein that the duty of the PSP and/or PA shall be confined only to protective functions and that he/she will not, among others, use his/her PSP/PA as gatekeeper, family driver, errand boy, or perform similar tasks, or to do illegal activities.
f. The provision of security detail for Local Chief Executives shall be the responsibility of the PROs. Provided that no member of the SAF, RPSB, PPSC and the City/Municipal Police Stations shall be detailed as PNP Protective Security Personnel. However, in some exceptional cases as directed by the Chief, PNP, the PSPG shall provide security to LCEs.
g. All protection agents who are deployed for protective security shall be under the operational control and supervision of the PSPG.
h. The protective security personnel (PSP) from PSPG and the protective agent (PA) from Private Detective Agency (PDA) may wear barong, bush jacket, suit and any suitable clothes depending on the situation while in the performance of their duties. However, during special events and as required by the Chief, PNP, during election periods, the agency prescribed uniform shall be worn by deployed PSP and PAs for easy identification.
i. PNP PSP shall always carry firearms with a Letter Order and with an Acknowledgment Receipt of Equipment (ARE) in the case of government issued firearms, and with a firearm license and PTCFOR in the case of personally owned firearm. PAs shall always carry their agency-issued firearms covered by Special Duty Detail Order (SDDO). Firearms should always be concealed and should not be seen by the public while rendering security missions.
j. Availment of PSP shal be for a period of six (6) months but the issuance of Letter Orders for their detail shall be on a monthly basis. In the case of PAs, the period of detail shall be determined by the contract between the PDA and the protectee. However, if during the monthly evaluation of threat, it is determined or established that the threat to teh protect the has already ceased, the PNP shall automatically terminate his/her protective security detail.
k. The rules and regulations or procedures on the employment/engagement of PAs shall be in accordance with existing PNP Circulars and other issuances.
7. FEES:
a. Application for availment or engagement of PSP shall not be processed without the payment of appropriate fees from the applicant. A private individual shall pay a total of five (5) thousand pesos (Php5,000.00) as fees, broken down as follows:
1) Processing fee - one thousand pesos only (Php1,000.00); and
2) Threat Assessment fee - four thousand persons only (Php4,000.00)
b. All public officials enumerated in paragraphs 5a and 5b shall not be required to pay the herein fees.
c. Indigent protectees shall be required to pay (20%) of the processing fee and shall be exempted from threat assessment fee.
d. The amount collected from the filing fee shall form part of the PNP Trust Receipts Fund, fifty percent (50%) of which shall be retained by the PSPG to support or defray administrative and operational expenses.
8. ADMINISTRATIVE SANCTIONS:
a. Any PNP personnel found violating any provision of this Circular shall be administratively liable pursuant to existing NAPOLCOM and PNP regulations.
b. Any Protective Agent found violating any provision of this Circular shall be liable pursuant to the provisions of RA 5487, as amended, and its IRR and PNP Memorandum Circualr No. 001-2006.
c. Any violation by the protectee of any provision of this Circular or of his affidavit of undertaking, as well as misrepresentation or false entry on the documents submitted as part of the application shall be a ground for the outright termination or revocation of the protective security provided.
9. RESCISSION:
All PNP policies, directives and other issuances which are inconsistent with the provisions of this Circular are hereby deemed repealed or modified accordingly.
10. EFFECTIVITY:
This Circular shall take effect after fifteen (15) days from the filing of a copy herein at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as “The Revised Administrative Code of 1987”, as amended.
Police Director General
Chief, PNP