Question & AnswerQ&A (NCMB)
Labor disputes are within the sole jurisdiction of the Department of Labor and Employment (DOLE) and/or its appropriate agencies, while matters involving peace and order are under the exclusive jurisdiction of the National Police Commission (NAPOLCOM) through the PNP. Coordination between the two is necessary during strikes, lockouts, and labor disputes due to their peace and order implications.
PNP personnel are limited to maintaining peace and order, enforcement of laws, and executing legal orders from duly constituted authorities during these events. They should not interfere in labor disputes beyond these functions.
A peacekeeping detail may be established upon request by DOLE or as deemed necessary by the Regional Director, National Capital Regional Command, City Police Command, or Provincial Director to maintain peace and order. These personnel must be in uniform, identifiable, and exercise neutrality.
PNP personnel shall exercise maximum tolerance and use force only as a last resort when all peaceful and non-violent means have been exhausted. Any force used must be necessary and reasonable to prevent or repel aggression.
They shall not be stationed on the picket or confrontation line but outside a 50-meter radius from the picket line, except if the radius includes a public thoroughfare where they may station to ensure free traffic flow.
Arrests and searches shall be based on an existing and valid warrant or executed as per Section 5, Rule 113 of the Rules of Court for warrantless arrests under specific lawful conditions. Union or management representatives should be asked to facilitate the service of orders when possible.
Private security personnel should avoid carrying firearms in direct confrontation with strikers, carry only right sticks (batuta), avoid physical contact with strikers, remain within the installation perimeter, use only reasonable force, and refrain from assisting in acts leading to physical clashes. They are subordinate to PNP in law enforcement matters.
Complaints against PNP personnel are processed through the PNP Administrative Disciplinary Machinery as provided by Republic Act 6975. Depending on the offense's gravity, disciplinary actions may range from reprimand to dismissal and are handled by specific authorities including Chiefs of police, Mayors, or People’s Law Enforcement Board.
Grounds include dishonesty, oppression, neglect of duty, misconduct, inefficiency, insubordination, falsification, habitual drunkenness, gambling, failure to perform duties, physical or mental incapacity due to immoral habits, partisan political activities, lobbying without authority, and conduct prejudicial to the best interest of the service among others.
Service of orders is primarily the responsibility of DOLE representatives, sheriffs, or issuing agency officials who must coordinate and dialogue with leaders of both parties to inform them of the order's nature, content, and consequences of non-compliance before enforcement.
AFP personnel shall not intervene or be utilized in any labor dispute unless directed by the President or personally by the Chairman of the National Police Commission upon consultation with the Secretary of Labor and Employment when requested by the latter.
Police and military personnel are discouraged from socializing with any party involved in the controversy and must not accept invitations from management or union officials during the pendency of a strike or lockout.
Any person not an employee who joins the strike and obstructs peaceful picketing will be treated like strikers and may be compelled to leave the strike area to prevent obstruction.
Violations can lead to suspension or cancellation of their private security service or agency licenses, and individual violations may be subject to criminal prosecution, administrative penalties, and other sanctions provided by law.
Mitigating circumstances include physical or mental illness, good faith, length of service, and analogous circumstances. Aggravating circumstances include taking advantage of official position, undue advantage of subordinates, disclosure of confidential information, use of government property in the offense, habituality, committing offenses during office hours or premises, use of fraudulent means, and analogous circumstances.