PADPAO REGION 7 CHAPTER

In the forefront of the Private Security Industry in the whole Philippines

PADPAO Region 7 Chapter was reorganized by the PADPAO, Inc. National Board of Directors on April 3, 2014 after the National PADPAO dissolved the Region 7 Chapter on March 7, 2014.

Under the leadership of PADPAO R7 Chapter President Engr. Ramoncito L. Arquiza, on October 28, 2015, during the 35th Founding Anniversary of the Philippine National Police Civil Security Group (CSG) held at Camp Crame, Quezon City, PADPAO Region 7 Chapter received a plaque of appreciation as one of the 4 Special Awardees for its invaluable support to the PNP Civil Security Group.

PADPAO Region 7, one of the most if not the most active chapter of the Philippine Association of Detective and Protective Agency Operators Inc., the only recognized security organization by the PNP CSG, has distinguished itself not only in protecting the interests of its member private security agencies but of its partners in the security business – the security guards.

In the short span of time that the reorganized PADPAO R7 Chapter led by its new council of officers took over, PADPAO R7 made significant steps to address security industry concerns. PADPAO Region 7 passed relevant and timely resolutions to ease the burdens of private security agency operators including a resolution seeking to capacitate the PNP Regional Offices and establish regional security units (RSU’s) to expedite the processing of licenses for security guards, firearms, etc. to help the PNP SOSIA and PNP FEO efficiently and effectively accomplish their mandate by decentralizing operations to ease the burdens of the private security agencies in the provinces. In February this year, the Regional Civil Security Offices in different regions, including RCSU 7 started its operations.

A PADPAO R7 resolution submitted to the PNP SOSIA in August 2014 for the PNP SOSIA to issue a Long Certificate of Registration instead of an individual license card for each firearm owned by the security agency was favourably considered. Today, instead of individual firearms license cards, the Firearms and Explosives Office ( FEO) issues a Long Certificate of Registration for the firearms of private security agencies which resulted to savings as no longer is a firearms license card fee to be paid on top of the firearms fees.

In 2015, when PADPAO R7 learned that the PNP Technical Working Group who were reviewing and revising provisions of the Implementing Rules and Regulations (IRR) of Republic Act 10591, otherwise known as the Comprehensive Firearms and Ammunition Regulation Act, sought to require security guards employed by private security agencies to individually apply for a License to Own and Possess Firearms (LTOPF) as a prerequisite to be allowed to carry firearms owned by the private security agencies, PADPAO R7 immediately submitted a position paper to protest the LTOPF for security guards as not only was it anti-poor as it would require security guards to submit the same set of documents that were already required for the issuance of their license to exercise profession (LESP) but also let the security guard pay P1,000.00 as LTOPF fee.

PADPAO R7 also passed a resolution requesting for the staggered or installment payments of firearms licenses when an order from the FEO was issued to collect in full the payment for registration fees of juridical firearms owned by private security agencies after the new firearms law, RA 10591 was passed increasing the firearms registration fees.

To finally clarify the issue of the so-called COMELEC Gun Ban issued every election time which requires private security agencies to apply for a gun ban exemption and pay for a COMELEC Gun Ban Certificate at P50.00 per guard (based on security agency’s number of security guards), PADPAO R7 relying on the ruling of the Supreme Court in the case of Rimando vs. COMELEC, et al filed a case before the Supreme Court for Certiorari with Mandatory and/or Prohibitory Injunction and Application for a Writ of Preliminary Injunction and/or Temporary Restraining Order against the COMELEC.

PADPAO Region 7 also recently got a favourable ruling for the injunction case it filed questioning SOSIA Memo Circular 2016-01 which seeks to require a PNP SOSIA Patch to be placed on the security guards’ uniforms and the SOSIA circular that no longer required a PADPAO clearance as one of the requirements for the renewal of the License to Operate (LTO) of a private security agency.

Not content with passing relevant resolutions which seeks to protect not only the private security agencies in Region 7 but the entire country as well, PADPAO Region 7 has been an active advocate in bringing together the SOSIA and FEO and its member-security agencies through various Ugnayan-Talakayans where common industry concerns are brought up for proper resolution.

PADPAO R7 has been tasked by the PNP SOSIA to help them organize the Private Security Executive Management Seminar (PSEMS) in Cebu City, a seminar conducted by SOSIA to be undergone by private security agency operators which is one of the requirements for processing a new License to Operate (LTO) or renewal of LTO. PADPAO Region 7 has hosted 4 PSEMS in Cebu which saw security operators from as far as Luzon and Mindanao attending the PSEMS.

PADPAO R7 links with the various government agencies such as the SSS, Philhealth, Pagibig and the DOLE to take up and address concerns of its members and have initiated several dialogues with the said government agencies during its regular monthly council meetings or during PADPAO R7 General Assemblies.

In addressing issues with the DOLE, particularly on its issuance of DOLE DO 18-A, DOLE DO 150-16 and DOLE DO 174-17, PADPAO R7 Chapter submitted a position paper to DOLE Secretary Silvestre Bello III during PADPAO R7 Council of Officers’ courtesy call to Secretary Bello at the DOLE main office in Intramuros, Manila on April 20, 2017.

PADPAO R7 Chapter anchored its position paper on the fact that Private Security Agencies which are regulated and supervised by the Philippine National Police pursuant to RA 5487, or THE PRIVATE SECURITY AGENCY LAW, AS AMENDED BY P.D 11, and its Implementing Rules and Regulations, are outside the ambit of the Department of Labor and Employment as this real legal situation is similar to contractors who are licensed by PCAB in the Construction Industry which are not required to register under Department Order 18-A, Series of 2011, per Section 36 thereof as clarified by DOLE Department Order No. 01, Series of 2012.

PADPAO R7 cited Section 36 of DOLE DO 18-A, Series of 2011 as clarified by the DO No. 01, Series of 2012, the Department of Labor and Employment (DOLE), which provides that through its regional offices, do not require contractors licensed by PCAB in the Construction Industry to register under DO 18-A, Series of 2011 and where DOLE justified its stance by contending that the licensing and the exercise of the government’s regulatory powers over the construction industry is lodged with the Philippine Contractors Accreditation Board (PCAB), which is under the Construction Industry Authority of the Philippines (CIAP), pursuant to the provisions of P. D. No. 1746, Series of 1980, and not with the DOLE or any of its regional offices. Furthermore, the DOLE asserted that findings of violation/s on labor standards and occupational health and safety standards shall be coordinated with PCAB for its appropriate actions, including possible cancellation/ suspension of the contractor’s license.

Thus, adhering to DOLE’s justification on the requirement that contractors in the construction industry need not register pursuant to Department Order 18-A, Series of 2011 and as clarified in Department Order No. 01 Series of 2011, PADPAO Region 7 Chapter, Inc., posits that Private Security Agencies are so similarly situated with the contractors in the construction industry so like the latter, private security agencies should not be required to register with the DOLE since the licensing and the exercise of regulatory powers of government over the private security agencies (PSAs) is lodged with the PNP as provided and specified by RA 5487, as amended by P.D. No. 11, and its IRR.

Furthermore, there is nothing in DO 18-A specifically referring to the provision on Mandatory Registration that explicitly requires private security agencies (PSAs) to register with the DOLE. Hence, private security agencies (PSAs) are not covered in the mandatory registration of contractors.

As an industry association, PADPAO R7 Chapter, a SEC registered non-stock, nonprofit corporation, became a member of the Cebu Chamber of Commerce and Industry (CCCI) to take a more active role in pushing for the professionalization of the private security industry.