San Beda College of Law Mendiola, Manila

Assignment 2

Submitted in Partial Fulfillment

of the Requirements for the subject Legal Research

in San Beda College of Law

Submitted by: Larida, Elcah Myrrh A.

Rivera, Hiezll Wynn R.

Romano, Kenczar C.

Samson, Vyron B.

1H

Submitted to:

Atty. Maria Melissa G. Tan-Rivera

“That in all things, God may be glorified”

1 Republic Act No. 5487, Section 4

September 19, 2011

Mr. & Mrs. Jose Cortes

Makati City, Philippines

Dear Sir/Madam:

We are writing in response to your query regarding to Security Agency that you

want to engage in. There is a qualification who may organize a security or watchman

agency under Section 4 of R.A. 5487 stating that:

Section 4. Who May Organize a Security or Watchman Agency. Any Filipino citizen or a corporation, partnership, or association, with a minimum capital

of five thousand pesos, one hundred per cent of which is owned and controlled by

Filipino citizens may organize a security or watchman agency: Provided, That no person shall organize or have an interest in, more than one such agency except those

which are already existing at the promulgation of this Decree: Provided, further,

That the operator or manager of said agency must be at least 25 years of age, a college graduate and/or a commissioned officer in the inactive service of the Armed

Forces of the Philippines; of good moral character; having no previous record of any

conviction of any crime or offense involving moral turpitude and not suffering from

any of the following disqualifications:

(1) Having been dishonorably discharged or separated from the Armed

Forces of the Philippines; (2) Being a mental incompetent;

(3) Being addicted to the use of narcotic drug or drugs; and

(4) Being a habitual drunkard.

For purposes of this Act, elective or appointive government employees who

may be called upon on account of the functions of their respective offices in the

implementation and enforcement of the provisions of this Act and any person related to such government employees by affinity or consanguinity in the third civil degree

shall not hold any interest, directly or indirectly in any security guard or watchman

agency. (As amended by Pres. Decree No. 11.1)1

In connection with your desire to obtain an accreditation or endorsement or

license from government agencies to engage in a Security Agency business. Please be

advised that engaging in Security Agency business need to secure the requirements given

by several government agencies and must follow the rules and regulation under the R.A.

5487, Private Security Agency Law.

The procedures on how to obtain accreditation or endorsement or license from

government agencies to engage in Security Agency business are as follows:

Get a certificate of registration for your business name in DTI.

After getting the certificate of registration, secure:

o Barangay clearance

o Business permit

o Registration for Bureau of Internal Revenue

You will also need to register your employees (which may include yourself) to the

following agencies:

Social Security System (SSS)

Department of Labor and Employment (DOLE) – if there is five

workers or more.

Home Development Mutual Fund (HDMF) – as required by RA

7742, SSS members earning at least P4,000.

Philippine Health Insurance Corp. (PhilHealth) – all employers

of is required to register their employees.

Security Agency business is required to secure a special clearance, permit and

license from Philippine National Police, Department of Interior and Local Government

(DILG-PNP).

Your business, security agency business needs to secure a license to operate by

the Supervisory Office for Security and Investigation Agencies, a civil security group of

PNP. The following requirements have to be submitted to Supervisory Office for Security

and Investigation Agencies (SOSCIA):

Application Form (SOSIA Form 02-04)

Registration with DTI/SEC

Bio-data/Info Sheet of Agency Officers/Company Security Force Officers

1 http://sosia.org.ph/pdf/IRRRA5487.pdf

Endorsement from RD/ARDO (for provincial applicants only)

College Diploma or Retirement Order (photocopy only)

List of Prospective Clients

Project Feasibility Study

Letter Request for Authority to Purchase FA’s from Authorized Gun

Dealers/Store

Receipts:

National License Fee (P2,500 per year)

Registration Fee (P50.00 per guard)

Surety Bond (Rule IV Section 11)1

PADPAO Membership Fee

Certificates:

VAT Registration Certificate

Bank Certificate (Minimum of P500,000)

Certificate from RD/Provincial Director that there is a demand

for security services or a need for Company Security Force

(CSF)

Certificate attesting attendance in a PSA operators seminar

Affidavits:

Affidavit that the agency applying has furnished office and

PNP approved FAs vault

Affidavit that PSA will have at least 200 guards posted within

1 year after the date of approval of Temporary LTO

Affidavit that PSA will produce at least 30 pcs. of assorted

low-powered FAs within 90 days upon approval of Temporary

LTO

Clearances:

PNP

NBI

NP

Drug Test Result

You can secure the necessary application forms online from the concerned

government agencies and upload the application form. In any event, we are attaching

copies of the appropriate application forms.

We trust this letter will properly guide you on the matter.

Very truly yours,

THE LAW FIRM

REVISED PNP SOSIA FO RM NO. 09-11

PNP SOSIA APPLICATION FORM IMPORTANT: FILL IN ALL APPLICABLE SPACES. ALL ENTRY OF DATA MUST BE TYPEW RITTEN.

FN:desktop/ALS/memoforms/lenovo/l/DELOZA/0430PM08082011

PRIVATE S ECURITY ENTITY

TO: The Chief of Philippine Nat ional Police ( ) NEW APPLICANT ( ) REGULAR ( ) NEW REGULAR

Camp Crame, Quezon City ( ) PRIVATE S ECURITY AGENCY ( ) PRIVATE DETECTIVE AGENCY

(Attn: Chief, SOSIA) ( ) COMPANY S ECURITY FORCE ( ) GOVERNMENT GUARD UNIT

BUSINESS NAME:

BUSSINESS ADDRESS:

TELEPNONE NUMBER: EMAIL ADD:

DTI REGISTRATION NO.

DATE ISS UED:

VALID DATE:

SEC REGIS TRATION NR:

DATE ISS UED:

VALID DATE:

( ) SINGLE PROPRIETORS HIP

( ) PARTNERS HIP

( ) CORPORATION

( ) CAPITAL ___________

( ) S UBSCRIBED ________

( ) PAID UP ____________

BIR NO. _____________

SSS NO. ______________

PAG-IBIG NO. ________

VALIDITY OF LTO

APPLIED FOR

2 YRS ( ) 3 YRS ( )

4 YRS ( ) 5 YRS ( )

CONTACT PERS ON: TEL NO: POSITION:

SECURITY LICENS E NO.

EXPIRY DATE:

SECURITY OFFICERS

NAME POSITION LICENS E NUMBER EXPIRY DATE

BOARD OF DIRECTORS/PARTNERS (FOR PARTNERS HIP AND CORPORATION)

(ARRANGE IN ORDER OF AMOUNT OF HOLDINGS)

NAME POSITION NO. OF SHARES

SUBSCRIBED

AMOUNT

SUBSCRIBE

AMOUNT

PAID

NO. OF BRANCHES/DETACHMENTS: _____ NO. OF GUARDS: __ _ NO. OF FIREARMS: _ __ NO. OF CLIENTS: __

BRANCH/DETACHMENT LOCATIONS

PLACE NAME OF DETACHMENT COMMANDER NO. OF FA’s NO. OF GUARDS

USE ADDITTIONAL SHEET IF NEEDED

I HEREBY CERTIFY THAT ALL INFORMATION/DATA CONTAINED HEREIN ARE TRUE AND CORRECT.

SUBSCRIBED AND SW ORN TO BEFORE ME THIS __________________________ ___th DAY OF _________________20____. APPLICANT LICENSEE

EXHIBITING HIS/HER COMMUNITY TAX CERTIFICATE NO._______

ISSUED AT ___on __, 20_____.

_______________________

NOTARY PUBLIC