RULES OF ENGAGEMENT FOR

PRIVATE SECURITY PERSONNEL

References:
SAGSD Compendium, Series 2003
The Revised Penal Code, 2011 Edition
RA 5487 Manual for Security Guard

PRESENTED BY:

MR. FERDIE T. MARTINEZ CSP, CST

SECURITY MANAGER
 LEGAL ASPECTS
JUSTIFIABLE
FORCE

The use force for some purpose

approved by law.
 LEGAL ASPECTS

Article 11 Provides an exhaustive

treatment of responsible
Revised Penal
force under certain
Code justifying circumstances.
JUSTIFYING CIRCUMSTANCES

That the evil sought to be

avoided actually exist;
UNLAWFUL person’s life, limb or right is
AGGRESSION in peril or in actual or
imminent danger.
 JUSTIFYING CIRCUMSTANCES

Reasonable necessity of the That the injury feared be

means employed to prevent or greater than that done to
repel it.
avoid it.
 JUSTIFYING CIRCUMSTANCES

Lack of sufficient provocation That there be no other

on the part of the person practical & less harmful
defending himself.
means of preventing it.
 JUSTIFYING CIRCUMSTANCES
2. Anyone who acts in defense of the person or
rights of his/her relatives, provided that the 1st
& 2nd requisites prescribed in the next
preceding circumstances are present, and the
further requisite, in case the provocation was
given by the person attacked, that the one
making defense had no part therein.
 JUSTIFYING CIRCUMSTANCES
3. Anyone who acts in defense of the person or
rights of a stranger, provided, that the 1st & 2nd
requisites mentioned in the 1st circumstance
(of this article) are present & that the person
defending be not induced by revenge,
resentment or other evil motive
 JUSTIFYING CIRCUMSTANCES
4. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or
office.

5. Any person who acts in obedience to an order

issued by a superior for some lawful purpose.
CONCEPT OF DEFENSE
 WHY RETALIATION IS NOT SELF-
DEFENSE?
• In self-defense, the aggression still existed
when the aggressor was injured or disabled by
the person making a defense. However, in
retaliation, the aggression that was begun by
the injured party already ceased to exist when
the accused attacked him. Hence, when the
aggressor flees, unlawful aggression no longer
exist & the one making a defense has no more
right to kill or even wound the former
aggressor.
 REASONABLE NECESSITY

The use of a revolver

against an aggressor armed
with a bolo is held
The nature & quality reasonable, it appearing that
of the weapons the deceased was
advancing upon the
accused & w/in a few feet of
striking distance when the
latter shot him. All of the
things being equal, a person
attacked w/fist blows must
repel the same w/fist blows
also.
 REASONABLE NECESSITY

The aggressor was a “bull” ,

a man larger & stronger, of
known violent character,
Physical condition, w/previous criminal records
character & size for assault, who attacked
w/fist blows a smaller, who as
a warning, cut with a bolo the
left shoulder of the
aggressor. In this case,
killing the aggressor w/a bolo
was justified.
 REASONABLE NECESSITY

When there is imminent

Other circumstances danger, a shotgun is a
reasonable means to
prevent aggressor with a
bolo.
 GENERAL RULES (Excerpts From Rules of
Engagement 26 June 1997 Directed by C/PNP

1. Under all circumstances, the use of force, including firearms, is

justifiable only by virtue of Doctrine of Self-Defense & Defense
of a Stranger. As stated by the Supreme Court, nobody,
including the police and even the military, is above the law.

2. The use of force, especially firearms, shall be applied only as a

last resort, when all other peaceful and non-violent means have
been exhausted.

3. Whenever resorted to, only necessary & reasonable force

sufficient to conduct self-defense, defense of a stranger and/or
subdue/overcome the clear & imminent danger posed or
resistance being put up by a malefactor or group shall be applied.
 GENERAL GUIDELINES FOR SECURITY
OFFICERS/GUARDS IN HANDLING FIREARMS
A. Authority to Carry
Firearms
5. Do not use a specific weapon w/o
completing designated training &
1. Use only Agency-issued firearms
qualification for that make, model
& w/appropriate/official DDO.
or type of weapon.
2. The authority to carry firearms is
for the conduct of official duties. 6. Designated field inspectors are
assigned by the appropriate office
3. Do not use weapons & ammunitions to control &/or inspect firearms &
not specifically authorized. other safety equipment.

4. Do not carry personally owned firearms or other

personally owned weapons while on duty.
 GENERAL GUIDELINES FOR SECURITY
OFFICERS/GUARDS IN HANDLING FIREARMS
B. Firearms Safety

1. Always follow the basic 5. Be sure of the target: never shoot at anything
rules of firearms safety. that has not been positively identified.

2. Assume all firearms as thought they 6. De-cock semi-automatic pistols by

were loaded & check each firearm use of de-cocking lever, if the firearm
twice before declaring it unloaded. has one.

3. Point firearm in a safe direction.

7. Use only new, Agency-provided
ammunition in the correct caliber.
4. Keep fingers outside the trigger
guard unless anticipating imminent
8. Never leave an unsecured firearm.
discharge of the firearm.
 GENERAL GUIDELINES FOR SECURITY
OFFICERS/GUARDS IN HANDLING FIREARMS
C. Firearm Handling Area

Each Security Office/Post will have a “firearm handling area” for the
loading of firearms. This “safety area” will be configured so that the
muzzle of a firearm being unloaded is;

1. Not pointed in the general direction of

an occupied area of the office; and

2. Not pointed at an easily penetrable barrier such

as a thin wall or partition, or an obstacle that could
cause a ricochet into an occupied area or office.

A safety box filled w/sand must be provided in the handling area for
the muzzle of a firearm to be pointed during loading & unloading.
 GENERAL GUIDELINES FOR SECURITY
OFFICERS/GUARDS IN HANDLING FIREARMS

D. Firearms Security

1. Do not leave your firearms,

whether loaded or unloaded,
unsecured. 3. Firearms may be stored loaded in a security
container during daytime work hours when
immediate access to a loaded firearm may
be needed.
2. Store unloaded firearms in an
approved security container.
 GENERAL GUIDELINES FOR SECURITY
OFFICERS/GUARDS IN HANDLING FIREARMS

E. Firearms Qualifications &

Training Standards

Before carrying or maintaining custody of an Agency

owned firearm, Security Officers/Guards must;

1. Complete a required training for that firearm.

2. Qualify for that firearm within a prescribed period.

 USE OF FORCE
The primary consideration in any use of
force is the timely & effective application
of the appropriate/justifiable level of
force required to establish & maintain
lawful control. A paramount
consideration is the preservation of life &
prevention of bodily injury
 USE OF FORCE
A. Use of Deadly Force
1. Deadly force is the use of any force
that is likely to carry death or serious
physical injury.
2. It does not include force that is not
likely to cause death or serious physical
injury but unexpectedly results in such
death or injury.
 USE OF FORCE
3. SO/SG use deadly force only when
necessary, that is, when the SO/SG has a
reasonable belief that the subject of force
poses an imminent danger, death or serious
physical injury to the SG/SO or to another
person.
4. If force other than deadly force reasonably
appears to be sufficient to accomplish an
arrest or otherwise accomplish the
security/law enforcement purpose, deadly
force is not necessary.
 USE OF FORCE
B. Use of Verbal Warnings prior to use of
Deadly Force.
If feasible, and if to do so would not
increase the danger of the Security
Officer/Guard or others, a verbal
warning to submit to the authority shall
be given prior to the use of deadly force.
C. Use of Warning Shots are not
permitted.
 USE OF FORCE
D. Use of Deadly Force involving moving
vehicles.
Weapons may be fired at the driver or other
occupant of a moving vehicle only when the
Security Officer/Guard has a reasonable
belief that the subject poses imminent
danger, death or serious physical injury to
himself or to another person, & the public
safety benefits of using such force. It
outweighs the risks to the safety of the
SO/SG or other persons.
 USE OF FORCE
E. Use of Deadly Force against Vicious
Animals.

Deadly force may be directed

against dogs or other vicious
animals when necessary in self-
defense or defense of others.
A. Immediate Management Response
1. Agency management immediately dispatches
an Supervisor/Inspector to the scene to act
as liaison.
2. A Supervisor or Agency Special Investigator
should be assigned when practical, with the
following responsibilities:
a. Remove the SO/SG from the shooting
scene, if necessary.
b. Assist the SO/SG if needed.
A. Immediate Management Response

c. If the SO/SG discharged a firearm

resulting in death or injury, ensure that
the firearm & spent cartridges are
placed into evidence. This applies only if
the firearm involved has not been
turned over to local police authorities.
A. Immediate Management Response

d. If necessary, ensure that the involved

SO/SG’s family is personally briefed on the
incident. If the personnel is injured,
immediate family shall be provided with the
means of transportation to the site of
treatment.
e. Refer all inquiries to the Agency’s Public
Relations Officer.
B. Follow-Up Response

1. An Incident Report should immediately be

provided to the Agency Headquarters. At a
minimum, report should provide the
following information:
a. Date, time & place of the incident
b. Description of the SO/SG’s activity prior to
the firearms discharge, i.e. investigation,
protection, search, arrest, etc.
B. Follow-Up Response

c. Reason for using force & description of the

incident
d. Description of any weapons used.
e. Lighting conditions
f. Distances between any individuals
g. Injuries caused or received
h. Property damage
B. Follow-Up Response
i. Names of any persons arrested & list of
offenses charged
j. Description of the weapon used by the
offender
k. Identification of other person witnessing
or involved in the incident.
2. Follow the procedures regardless of whether
use of force was made by SO/SG’s, assisting
officers of other law enforcement agencies, a
subject or a third party.
Firearms Discharge not resulting in
Death, Injury or Serious Property
Damage
a. SO/SG who discharge firearms not
resulting in death, injury or serious
property damage, notify an
Inspector/Supervisor as soon as
possible. This includes unintended
discharges, such as during firearms
training qualification, testing, etc.
Firearms Discharge not resulting in
Death, Injury or Serious Property
Damage
b. If the firearm was discharged
unintentionally & any question exist
concerning the serviceability of the
firearm, take the firearm out of service
and have it examined by an authorized
person before being returned to service.