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

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.

Republic Act No. 5487, Section 4

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

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 FAs 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

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

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. TO: The Chief of Philippine Nat ional Police Camp Crame, Quezon City (Attn: Chief, SOSIA ) B USINESS NAME: B USSINESS ADDRESS: TEL EPNONE NUMB ER: DTI REGISTRATION NO. EMAIL ADD: DATE ISS UED: VALID DATE: SEC REGIS TRATION NR: ( PRIVATE S ECURITY ENTITY ) NEW APPLICANT ( ) REGULAR ( ) NEW REGULAR ( ) PRIVATE S ECURITY AGENCY ( ) PRIVATE DET ECTIVE AGENCY ( ) COMPANY S ECURITY FORCE ( ) GOVERNMENT GUARD UNIT

DATE ISS UED: VALID DATE:

( ) SINGLE PROPRIETORS HIP ( ) PARTNERS HIP ( ) CORPORATION CONTACT PERS ON:

( ) CAPITAL ___________ ( ) S UBSCRIB ED ________ ( ) PAID UP ____________ POSITION:

BIR NO. _____________ SSS NO. ______________ PAG-IB IG NO. ________

VALIDITY OF LTO APPLIED FOR 2 YRS ( ) 3 YRS ( ) 4 YRS ( ) 5 YRS ( ) EXPIRY DATE:

TEL NO:

SECURITY LICENS E NO.

SECURITY OFFICERS
NAME POSITION LICENS E NUMB ER EXPIRY DATE

BOARD OF DIRECTORS/PARTNERS (FOR PARTNERS HIP AND CORPORATION) (ARRANGE IN ORDER OF AMOUNT OF HOLDINGS) NAME POSITION NO. OF SHARES AMOUNT SUBSCRIB ED SUBSCRIB E

AMOUNT PAID

NO. OF BRANCHES/ DETA CHM ENTS: _____ PLACE

NO. OF GUA RDS: __ _

NO. OF FIREA RMS: _ __

NO. OF CLIENTS: __ NO. OF GUARDS

BRANCH/DETACHMENT LOCATIONS NAME OF DETACHMENT COMMANDER NO. OF FAs

USE ADDITTIONAL SHEET IF NEEDED

I HEREBY CERTIFY THAT A LL INFORMATION/DATA CONTAINED HEREIN A RE TRUE AND CORRECT. SUBSCRIBED AND SW ORN TO BEFORE M E THIS ___th DA Y OF _________________20____. APPLICANT EXHIBITING HIS/HER COMMUNITY TAX CERTIFICATE NO._______ ISSUED AT ___on __, 20_____. __________________________ LICENSEE

_______________________ NOTA RY PUBLIC

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