Law Summary
Role and Limits of the Philippine National Police (PNP)
- PNP involvement is limited to maintaining peace and order and enforcing laws and legal orders.
- Police assistance requests must specify authorized actions.
- Local police forces should be called first for assistance, with regional or city directors as points of contact.
- Armed Forces shall not intervene unless directed by the President or NAPOLCOM Chairman in coordination with DOLE.
- Conflicts of interest by law enforcement personnel are to be avoided.
Peacekeeping Force Deployment
- Peacekeeping details shall be established upon request by DOLE or at discretion of police commanders.
- Officers must be in uniform with nameplates, show neutrality, and exercise maximum tolerance.
- Use of force is a last resort and must be necessary and reasonable.
Guidelines for Peacekeeping Details
- Peacekeepers shall not be stationed directly on the picket line.
- They should remain outside a 50-meter radius from the picket but may station on public thoroughfares to ensure free traffic flow.
Arrests, Searches, and Seizures
- Arrests/searches in strike areas require valid warrants or fall under exceptions provided by Rules of Court.
- Union/management representatives should assist in facilitating the service of warrants.
- Violations of laws or obstruction of access can lead to arrest and prosecution.
- DOLE must be informed immediately in cases involving violence.
Service of Legal Orders and Coordination
- Service of DOLE, court, or lawful orders is primarily executed by respective officials who must coordinate with both labor and management leaders.
- Enforcement of injunctions relating to strikes/lockouts must comply with Articles 218 and 263 of the Labor Code.
Treatment of Non-Labor Participants and Related Rallies
- Individuals not employed by the company who join strikes are treated as strikers and may be compelled to leave if obstructive.
- Rallies unrelated to labor disputes are governed by the Public Assembly Act.
Administrative Jurisdiction of Labor Disputes
- Legality of strikes, picketing, and lockouts is determined by DOLE.
- PNP must respect peaceful picketing as an expression of freedom.
- Obstructive barriers can be removed under the Civil Code provisions on nuisances.
Police Escort and Conduct
- Personal escorts by law enforcement require competent authority direction and must notify the opposing party.
- Police and military personnel are discouraged from socializing with parties involved during labor disputes.
Liaison and Dialogue
- Continuous liaison between PNP, DOLE, management, and union representatives is mandated to maintain peace and dialogue.
- Regular meetings are encouraged for monitoring.
Administrative Accountability
- Complaints against PNP personnel during labor disputes are subject to PNP disciplinary procedures under RA 6975.
- DOLE personnel complaints follow DOLE's administrative case disposition manual.
- Appropriate disciplinary actions are to be taken when warranted.
Role and Conduct of Security Guards
- Security guards must adhere to RA 5487 implementing rules.
- They shall not carry firearms in direct confrontations, may use right sticks, and avoid direct contact with strikers.
- Security personnel must stay within designated perimeters and use reasonable force only.
- They are prohibited from enforcing labor code provisions and from abetting acts that escalate conflict.
- Strict protocols for firearms handling, communication, and coordination with PNP are prescribed.
Relationship Between Private Security and Police
- Private security personnel are subordinate to PNP in law enforcement matters.
- Arrests by private security must be immediately turned over to police.
- Investigations and evidence gathered by private security must be handed over to PNP without delay.
Responsibilities and Limitations of Private Security
- Enforce company policies aimed at asset and personnel protection only.
- Authorized to function only within assigned areas per contract and licensing.
Sanctions for Violations
- Violations by private security personnel can result in suspension or cancellation of licenses.
- Individual violations are subject to criminal and administrative penalties.
Legal References and Procedural Annexes
- Arrest without warrant provisions under Rule 113, Rules of Court.
- Article 264(e), Labor Code on lawful ingress and egress.
- Article 694, Civil Code defining nuisances.
- RA 6975 provisions on PNP discipline and complaint handling.
- DOLE Manual on Disposition of Administrative Cases outlining procedures for administrative actions.
- Rule XVIII, RA 5487 regarding private security during strikes.
Effectivity
- These guidelines took immediate effect upon issuance in August 1997.