Question & AnswerQ&A (PPA MEMORANDUM CIRCULAR NO. 73-98)
The primary purpose of PPA Memorandum Circular No. 73-98 is to prescribe measures, standards, and policies to be strictly observed by Port Police personnel during strikes, lockouts, and labor disputes in general within the Philippine Ports Authority's jurisdiction to promote public interest, safety, industrial peace, and order.
The Department of Labor and Employment (DOLE) and/or its appropriate agencies have sole jurisdiction over labor disputes occurring within the Philippine Ports Authority's area of responsibility.
Port Police personnel are limited to the maintenance of peace and order, enforcement of laws, and legal orders of duly constituted authorities. They must observe strict neutrality, exercise maximum tolerance, and avoid physical harm unless necessary to prevent aggression.
A Port Police peacekeeping detail shall be established in strike or lockout areas solely for maintaining peace and order, with officers in complete prescribed uniform and proper nameplates, stationed appropriately away from direct confrontation or picket lines.
Force may only be used as a last resort, necessary and reasonable to prevent or repel aggression, after all peaceful and non-violent means have been exhausted. The peacekeeping force must always respect human rights.
Port Police personnel must stay outside a fifty (50) meter radius from the picket or confrontation line, except when the radius includes a public thoroughfare, where they may station themselves to ensure free flow of traffic.
Arrests and searches may only be made on the basis of existing valid warrants or under Section 5, Rule 113 of the Rules of Court. Violations of laws, port rules, or the Public Assembly Act during strikes/lockouts may lead to arrest and charges in court.
The Department of Labor and Employment (DOLE) shall be immediately informed by the Port Police Unit concerned in case of violence in the picket line.
The service of such orders is primarily the concern of DOLE representatives, sheriffs, or respective government agency representatives, who coordinate and dialogue with leaders of the striking group and management, informing them of the order's nature, contents, and consequences of defiance.
No, during the pendency of the strike or lockout, Port Police personnel are discouraged from socializing with parties involved and must not accept invitations from management or union officials engaged in the controversy.
Persons who are not laborers but join picketing shall be treated the same as strikers. If their presence obstructs peaceful picketing, law enforcers shall compel them to leave the area.
Shanties or structures that effectively block lawful ingress, egress, or public thoroughfares or hinder port operations may be summarily demolished pursuant to Article 694 of the Civil Code of the Philippines.
The Department of Labor and Employment (DOLE) and its appropriate agencies have the administrative jurisdiction to determine the legality of strikes, pickets, or lockouts.
Security guards' conduct during strikes and lockouts is governed by Rule 18 of the Implementing Rules of Republic Act 5487.
Port Police personnel with questions or complaints regarding their affinity or consanguinity relations to officials/leaders of the parties involved, or with financial pecuniary interests in the controversy, shall, insofar as practicable, not be allowed to render services connected to the strike or lockout.