QuestionsQuestions (NCMB)
Labor disputes are within the sole jurisdiction of DOLE and/or its appropriate agencies, while matters involving peace and order fall under the exclusive jurisdiction of NAPOLCOM through the PNP. Because strikes/lockouts have peace-and-order implications, close coordination between DOLE and PNP is required.
The PNP involvement is limited to the maintenance of peace and order, enforcement of laws, and enforcement of legal orders of duly constituted authorities.
Whenever PNP assistance is necessary, elements of the local police force should be called upon. The request must be addressed to the Regional Director, NCRC, or the City Director (for cities), or the Provincial Director (for provinces or cities not under a City Police Command).
No, personnel from the AFP shall not intervene nor be utilized in any labor dispute unless directed by the President or personally by the Chairman of the NAPOLCOM after consultation with the Secretary of Labor and Employment when requested by the latter.
No officer of the law shall render services if there is question or complaint regarding his relationship by affinity or consanguinity to any official/leader of the parties, or if he has financial/pecuniary interest in the controversy.
It shall not be stationed in the picket (confrontation) line. It should be positioned such that their presence deters criminal acts or untoward incidents. Members must stay outside a 50-meter radius from the picket line, except when the 50-meter radius includes a public thoroughfare, in which case they may station themselves in that thoroughfare for free traffic flow.
They must be in uniform with proper nameplates at all times, exercise maximum tolerance, observe courtesy and strict neutrality, and remember that parties are not adversaries but partners in industrial peace and human dignity. As much as possible, they must not inflict physical harm; they may employ force only as a last resort, and only such force as is necessary and reasonable to prevent or repel aggression.
Only on the basis of an existing and valid warrant or arrest/search and seizure order, or in accordance with Section 5, Rule 113 of the Rules of Court (warrantless arrest situations).
Violations of any law, statute, ordinance, BP Blg. 880, or the Public Assembly Act during the strike/lockout may result in arrest and charging in court.
Any person who obstructs free and lawful ingress/egress to the employer’s premises for lawful purposes (Art. 264(e), Labor Code) or who obstructs public thoroughfares may be arrested and charged in court.
Service of DOLE, court, or other lawful orders/writs is the primary concern of the DOLE representative, sheriff, or representative of the issuing government agency. Before service, they must coordinate/dialogue with the leaders of the striking group and management reps, informing them of the nature and content of the order and possible consequences of defiance. Coordination with local government units may be made to facilitate service and prevent unnecessary intervention.
No. They are enforceable strictly in accordance with Articles 218 and 263 of the Labor Code, as amended.
They are treated in the same manner as strikers/picketers. If their presence obstructs peaceful picketing, law enforcers shall compel them to leave the area. Rallies/marches on issues unrelated to the labor dispute are dealt with under BP Blg. 880.
Yes. Picketing as part of freedom of expression shall be respected provided it is peaceful. Shanties/structures that effectively block lawful ingress/egress and free passage in public thoroughfares may be summarily demolished in accordance with Article 694 of the Civil Code.
No personal escort shall be provided unless directed by the competent authority; if escorts are provided to one party, the other party shall be informed, and all escorts must be in uniform. Police and military personnel are discouraged from socializing with any party during pendency of the strike/lockout and must not accept invitations from management personnel or union officials/personnel involved.
No. Private security personnel in direct confrontation with strikers/marchers/demonstrators shall not carry firearms; they may at most carry batons, with or without tear gas canisters and dispensers.
Criminal investigation is the responsibility of the PNP. Private security personnel must turn over initial investigation results and evidence gathered to the concerned PNP unit/station without delay.