Guidelines for PNP and Security Conduct in Labor Disputes

Labor disputes are within the sole jurisdiction of DOLE and/or its agencies, while matters involving peace and order are under NAPOLCOM/PNP. Because strikes/lockouts affect peace and order, close coordination between DOLE and PNP is required.

PNP involvement is limited to maintaining peace and order, enforcing laws, and enforcing legal orders of duly constituted authorities—not adjudicating labor legality.

The request must specify the acts to be performed or conducted by PNP personnel.

Unless directed by the President or personally by the Chairman of NAPOLCOM after consultation with the Secretary of Labor and Employment for when requested by the latter, the AFP shall not intervene or be utilized.

If there is a question or complaint as to the officer’s relationship by affinity or consanguinity to any official/leader of the parties, or if the officer has financial or pecuniary interest in the controversy.

It shall be established in the strike/lockout area when requested by DOLE or as the Regional Director/NCRC, City Police Command/Provincial Director deems necessary for peace and order. It should not be stationed in the picket (confrontation) line; it should stay outside a 50-meter radius from the picket line (except if the radius includes a public thoroughfare for traffic flow).

They must be in uniform with proper nameplate, exercise maximum tolerance, observe courtesy and strict neutrality, and remember that parties are partners in industrial peace (not adversaries). Use physical harm only as a last resort and only such force as is necessary and reasonable to prevent or repel aggression.

They must be based on an existing and valid warrant of arrest/search and seizure, or in accordance with Rule 113, Section 5 of the Rules of Court (e.g., warrantless arrest when the requisites are met).

A peace officer or private person may, without warrant, arrest when: (a) the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence; or (b) an offense has in fact just been committed and he has personal knowledge of facts indicating the person committed it; or (c) the person is an escaped prisoner (serving final judgment or temporarily confined) who escaped while under transfer or confinement.

The DOLE shall be immediately informed by the PNP unit concerned in cases of violence in the picket line. When arrests are made pursuant to a warrant, arresting officers should coordinate with union and management leaders/representatives and inform them of the arrest and reason.

They must not commit acts of violence, coercion, or intimidation, must not obstruct free ingress/egress for lawful employer purposes, and must not obstruct public thoroughfares.

Yes, but they are enforceable strictly in accordance with Articles 218 and 263 of the Labor Code, as amended.

They shall be treated the same manner as strikers/picketers. If their presence obstructs peaceful picketing, law enforcers shall compel them to leave the area.

It defines a nuisance. The guidelines state that shanties/structures set up to effectively block lawful ingress and egress and free passage in public thoroughfares shall be summarily demolished in accordance with Article 694.

No personal escort shall be provided unless directed by competent authority. If escorts are provided to one party, the other party must be informed, and all escorts must be in uniform.

They are discouraged from socializing with any parties and must not accept invitations from management or union officials/personnel involved in the controversy under any pretext.

Liaison shall be established and maintained with representatives of DOLE, management, and the union in the strike/lockout area to maintain peace and order and continuing peaceful dialogue. Monthly meetings between PNP, NAPOLCOM, DOLE, and concerned sectors may be conducted to assess compliance.

Depending on the penalty, complaints are brought before: (1) chiefs of police for penalties not exceeding 15 days; (2) mayors for penalties 16 to 30 days; or (3) the People's Law Enforcement Board (PLEB) for penalties not exceeding 30 days or dismissal.