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Module 3 legal aspect


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Module 3 legal aspect

  2. 2. <ul><li>At the end of the session, the trainees must be able to identify correctly the limitations of their power, duties and responsiblities. </li></ul><ul><li>This module will help us understand further the legal aspects of the security profession. </li></ul>
  3. 3. <ul><li>R.A 6975 – otherwise known as the DILG act of 1990. </li></ul><ul><li>The act that authorizes the chief PNP to formulate Implementing Rules and Regulation - IRR through his authorized representative ( Chief CSG-SOSIA ) </li></ul><ul><li>Such IRR are of strict compliance. </li></ul>
  4. 4. <ul><li>Section 1 . Territorial Power - A security guard shall watch and secure property of the person, the firm, or establishment with whom he or his agency has contract for security services. Such services shall not, however, extend beyond the property or compound of the said person, form or establishment except when required by the latter in accordance with the terms of their contract to escort , or in hot pursuit of criminal offender .  </li></ul>
  5. 5. <ul><li>Section 2 . Arrest by the security guard – a security guard or private detective is not therefore clothed with police authority but he may arrest under any of the following circumstances: </li></ul><ul><li>When in his presence, the person to be arrested has committed; is actually committing or attempting to commit an offense; </li></ul><ul><li>When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. </li></ul><ul><li>When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. </li></ul>
  6. 6. <ul><li>Section 3. Method of arrest – when making an arrest, the watchmen, security guard or private detective shall inform the person to be arrested of his intention to arrest him and the cause of his arrest, unless the person to be arrested is then engage in the commission of an offense or after an escape runs or flees or forcible resist before the person making the arrest has the opportunity to inform him, or when giving of such information imperil the arrest. </li></ul>
  7. 7. <ul><li>Section 4 . Duty of security guard making arrest - Any security guard making arrest shall immediately turn over the person arrested to the nearest peace officer, police outpost, or headquarters for custody and/or appropriate actions, or he may without necessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended take the person arrested to the proper court of law or judge for such action as they may deem property take. </li></ul>
  8. 8. <ul><li>Section 5 . Search Without Warrant – Any security guard, may incite the arrest, search the person so arrested in the presence of at least 2 witnesses. He may also search employees of the person, firm or establishment with which he or his agency has a contract of private detective, watchman or security service when such search is required by the very nature of the business of the person, firm or establishment. </li></ul>
  9. 9. <ul><li>Section 6. The Eleven General Orders – all security guards shall memorize and strictly keep by heart the eleven General Orders. </li></ul><ul><li>Section 7. Duty to Assist Law Enforcers – any security guard shall be duty bound to assist any peace officer in the pursuit of his bounding duty, when requested, provided it is within the territorial jurisdiction of his ( Security Officer ) area of duty </li></ul>
  10. 11. Thank you for your time... 6.15.11