Guidelines for PNP and Security Conduct in Labor Disputes

Jurisdictional policy for labor disputes

Labor disputes are within the sole jurisdiction of the Department of Labor and Employment (DOLE) and/or its appropriate agencies, while peace and order matters are within the exclusive jurisdiction of the National Police Commission (NAPOLCOM) through the Philippine National Police (PNP). (General Policy 1)
Because strikes and lockouts create peace and order implications, the DOLE and PNP/NAPOLCOM must maintain close coordination.
PNP involvement during strikes, lockouts, and labor disputes is limited to maintenance of peace and order and enforcement of laws and legal orders of duly constituted authorities. (General Policy 2)
Requests for police assistance issued by duly constituted authorities must specify the acts to be performed by PNP personnel. (General Policy 3)
When PNP assistance is necessary, local police forces must be called upon, and requests must be addressed to the proper command:
- Regional Director, National Capital Regional Command (NCRC), or City Director for cities, or Provincial Director for provinces or cities not under a City Police Command. (General Policy 4)

Limits on Armed Forces intervention

Personnel from the Armed Forces of the Philippines shall not intervene nor be utilized in any labor dispute unless directed by the President or personally by the Chairman of NAPOLCOM, after consultation with the Secretary of Labor and Employment when the latter requests intervention. (General Policy 4)

Conflict-of-interest and neutrality rules

No officer of the law shall be allowed to render services in connection with a strike or lockout if there is a question or complaint as to his relationship by affinity or consanguinity to any official/leader of the parties, or if he has financial or pecuniary interest in the labor dispute. (General Policy 5)
A peace keeping detail must be established in a strike or lockout area when requested by DOLE or when the Regional Director NCRC / City Police Command / Provincial Director deems it necessary to maintain peace and order. (General Policy 6)
Peace keeping detail personnel must be in uniform at all times with proper nameplate, must exercise maximum tolerance, and must observe courtesy and strict neutrality toward both parties. (General Policy 7)
Law enforcers must avoid inflicting physical harm on strikers, picketers, or persons involved; when violence can be prevented only through action, law enforcers may use force as a last resort only, using only the force necessary and reasonable to prevent or repel aggression. (General Policy 7)

Peace keeping detail placement and distance

Peace keeping detail members shall not be stationed inside the picket (or confrontation line) but shall be placed to deter criminal acts or untoward incidents from either side. (Peace Keeping Details 8)
Peace keeping detail 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 the public thoroughfare to ensure free flow of traffic. (Peace Keeping Details 8)

Arrests, searches, and legal grounds

Arrests and searches in strike/lockout areas must be effected only on the basis of a valid Warrant or Arrest/Search and Seizure order, or in accordance with Section 5, Rule 113 of the Rules of Court. (Arrests/Searches and Seizures 9)
Whenever possible, union representatives (for laborers/workers) or management representatives (for management personnel) must be requested to facilitate service of warrants or arrest/search and seizure orders. (Arrests/Searches and Seizures 9)
Any person who violates any law, statute, ordinance, Batas Pambansa Blg. 880, or the Public Assembly Act during the strike/lockout may be arrested and charged accordingly in court. (Arrests/Searches and Seizures 10)
Any person who obstructs the free ingress to and egress from the employer’s premises for lawful purposes in contemplation of Article 264(e) of the Labor Code, as amended, or who obstructs public thoroughfares, may be arrested and charged accordingly in court. (Arrests/Searches and Seizures 11)
Violence in the picket line must be immediately reported to DOLE by the concerned PNP unit. (Arrests/Searches and Seizures 12)
When arrests are made under warrants issued by competent authorities, the arresting officers must coordinate with the leaders/representatives of the union and management, inform them of the arrest, and state the reason. (Arrests/Searches and Seizures 12)

Service of DOLE and court orders

Service of DOLE, court, or other lawful orders/writs is primarily handled by the DOLE representative, sheriff, or government agency representative who issues the order. (Service of DOLE, Court or Lawful Orders/Writs 13)
Before service, the responsible representative must coordinate and dialogue with the leaders of the striking group and the representatives of management, and must inform them of the nature and content of the order and the possible consequences of defiance. (Service of DOLE, Court or Lawful Orders/Writs 13)
The DOLE and other concerned agencies issuing the order must coordinate with local government units when necessary to facilitate service and prevent unnecessary intervention. (Service of DOLE, Court or Lawful Orders/Writs 13)
Orders enjoining picketing, strikes, or lockouts are enforceable strictly in accordance with Articles 218 and 263 of the Labor Code, as amended. (Service of DOLE, Court or Lawful Orders/Writs 14)
Any person who is not a laborer/worker of the struck company but joins the striking laborers/workers in picketing or a strike must be treated by law enforcers the same as strikers/picketers. (Service of DOLE, Court or Lawful Orders/Writs 15)
If such person’s presence obstructs peaceful picketing, law enforcers must compel the person to leave the area. (Service of DOLE, Court or Lawful Orders/Writs 15)
Rallies and marches on issues not related to the labor dispute are dealt with in accordance with Batas Pambansa Blg. 880. (Service of DOLE, Court or Lawful Orders/Writs 15)

Administrative jurisdiction over legality

Determining whether a strike, picket, or lockout is legal or illegal is left to DOLE and its appropriate agencies, except as provided in the guidelines. (Administrative Jurisdiction 17)
PNP elements are enjoined from interfering in a strike, picket, or lockout solely because it is claimed to be illegal, except as provided in the guidelines. (Administrative Jurisdiction 17)
Peaceful picketing as part of freedom of expression must be respected. (Administrative Jurisdiction 18)
Shanties and structures set up to effectively block lawful ingress and egress for lawful purposes and free passage in public thoroughfares must be summarily demolished in accordance with Article 694 of the Civil Code of the Philippines. (Administrative Jurisdiction 18)
No personal escort must be provided to any party to the controversy unless directed by the competent authority; if escorts are provided to one party, the other party must be informed accordingly, and all escorts must be in uniform at all times. (Administrative Jurisdiction 19)

Socializing and liaison requirements

During the pendency of a strike/lockout, concerned police and military personnel must be discouraged from socializing with any party, and must not accept invitations from management or union officials/personnel involved in the controversy. (Socializing 20)
Liaison must be established and maintained with DOLE representatives, management, and the union in the strike/lockout area to maintain peace and order and continuing peaceful dialogue. (Liaison 21)
If possible, a monthly meeting between representatives of PNP, NAPOLCOM, DOLE, and concerned sectors must be conducted to assess and monitor compliance with and implementation of the guidelines. (Liaison 21)

Administrative actions against erring personnel

Complaints/reports against PNP personnel arising from the occasion of a strike/lockout must be processed and resolved under the PNP Administrative Disciplinary Machinery under Chapter III, paragraph (c) of Republic Act No. 6975. (Administrative Action 22)
For DOLE personnel, complaints must be processed under the DOLE Manual on the Disposition of Administrative Cases. (Administrative Action 22)
When evidence warrants, appropriate disciplinary action must be taken against erring personnel. (Administrative Action 22)

Role and duties of security guards

Conduct of security guards during strikes and lockouts must follow Rule 18 of the Implementing Rules of Republic Act 5487. (Role of Security Guards 23)

Private security conduct rules

Private security personnel in direct confrontation with strikers, marchers, and demonstrators must not carry firearms; they may carry only right sticks (batuta) and may carry tear gas canisters and dispensers at most, and strike bond guards not in direct confrontation may carry issued firearms in the usual prescribed manner. (Annex “F”, Rule XVIII, Sec. 1(a))
Private security personnel must avoid direct contact, physically or otherwise, with the strikers. (Annex “F”, Rule XVIII, Sec. 1(b))
Private security personnel must stay only within the perimeter of the installation they are protecting at all times. (Annex “F”, Rule XVIII, Sec. 1(c))
Private security personnel must use only sufficient and reasonable force necessary to overcome the risk or danger posed by strikers or hostile crowds. (Annex “F”, Rule XVIII, Sec. 1(d))
Private security personnel must not abet or assist acts of management leading to physical clash between labor and management, including breaking the strike, smuggling in of scabs, or preventing strikers from conducting peaceful pickets. (Annex “F”, Rule XVIII, Sec. 1(e))
Private security personnel must not enforce provisions of the Revised Labor Code pertaining to strikes/lockouts. (Annex “F”, Rule XVIII, Sec. 1(f))
Private security personnel on duty must be in complete uniform at all times with their names and agency name shown on their shirts above the breast pockets. (Annex “F”, Rule XVIII, Sec. 1(g))

Private security agency operational steps

Upon declaration of a strike or establishment of a picket line/mass action near a firm/establishment, the detachment commander or chief security officer must immediately collect firearms of guards in direct or about to have direct confrontation with the crowd and deposit them in a vault, or re-issue them to other private security personnel not issued firearms but assigned to duties away from and not visible to strikers or the crowd. (Annex “F”, Rule XVIII, Sec. 2(1))
The detachment commander or security director must account for all firearms of every guard and record the whereabouts in a logbook. (Annex “F”, Rule XVIII, Sec. 2(2))
If there is no detachment commander or security director, the agency operator or security officer must be immediately informed by the guards, then must assess the situation and take appropriate action to forestall violence while ensuring security of the premises. (Annex “F”, Rule XVIII, Sec. 2(3))
The detachment commander or security director must maintain constant contact with management and must relay to the commander of the peace keeping force any observed unlawful acts or clear violations of the Revised Labor Code, Revised Penal Code, and/or local ordinances for appropriate action. (Annex “F”, Rule XVIII, Sec. 2(4))
If private security personnel must talk to strikers/crowd members, only the detachment commander or security director may talk to the leaders; what transpires in the dialogue must be reported to management immediately, and private security personnel must not negotiate in relation to the labor-management dispute because negotiation is a management function. (Annex “F”, Rule XVIII, Sec. 2(5))
If the situation worsens or becomes untenable, the detachment commander/security director (or, if absent, the guard on post) must immediately advise management to request PNP security assistance. (Annex “F”, Rule XVIII, Sec. 2(6))
Detachment commanders and security directors must publish emergency telephone numbers (Police, Fire, Hospital) at all guard posts and detachments. (Annex “F”, Rule XVIII, Sec. 2(7))

Coordination with PNP in enforcement

Private security personnel are subordinate to PNP members on matters of law enforcement and crime prevention and cannot enforce any law except executing citizen’s arrest. (Annex “F”, Rule XVIII, Sec. 3(a))
In citizen’s arrest, the arrested person must be turned over immediately to the nearest PNP unit/station, and if difficult, utmost efforts must be exerted to request the nearest PNP unit/station to pick up the arrested person. (Annex “F”, Rule XVIII, Sec. 3(a))
Criminal investigation is the responsibility of the PNP, and all results of initial investigations conducted by private security personnel and all evidence gathered must be turned over to the concerned PNP unit/station without delay. (Annex “F”, Rule XVIII, Sec. 3(b))

Security guard responsibility scope

Private security personnel are responsible purely for enforcing company policies, rules, and regulations of management and clients, with the ultimate objective of providing security to client assets and persons. (Annex “F”, Rule XVIII, Sec. 6(a))
Private security personnel are authorized to act in the manner prescribed by the chief, PNP only within specifically assigned areas to be secured under the contract with the client, and for company security services, as specifically stated in their private security firm licenses. (Annex “F”, Rule XVIII, Sec. 6(b))

Penalties and sanctions for security guards

Violation of the directive by private security personnel is punishable by suspension or cancellation of their individual private security service or private security agencies. (Annex “F”, Rule XVIII, Sec. 4(a))
Individual acts of private security personnel in violation of appropriate laws are subject to criminal prosecution, administrative penalties, and other sanctions provided by law. (Annex “F”, Rule XVIII, Sec. 4(b))

Integrated legal cross-references

Article 264(e) of the Labor Code, as amended prohibits picketing workers from committing any act of violence, coercion, or intimidation, and from obstructing free ingress to or egress from employee premises for lawful purposes, or obstructing public thoroughfares. (Annex “B”)
Article 218 and Article 263 of the Labor Code, as amended govern the strict enforceability of orders enjoining picketing, strikes, or lockouts. (Section 14)
Batas Pambansa Blg. 880 governs treatment of rallies/marches not related to the labor dispute. (Section 15)
Article 694 of the Civil Code of the Philippines defines a nuisance for purposes of demolition of obstructing structures. (Annex “C”; Section 18)

Administrative discipline machinery cross-referenced

PNP citizen complaints and internal discipline are handled under Republic Act No. 6975 (PNP Law), Chapter III, paragraph (c), including:
- Chief of police jurisdiction where punishment is withholding of privileges/restriction/suspension/forfeiture of salary not exceeding 15 days;
- Mayors where punishment is withholding of privileges/restriction/suspension/forfeiture of salary not less than 16 days but not exceeding 30 days;
- People’s Law Enforcement Board (PLEB) where punishment is withholding/restriction not exceeding 30 days or dismissal.
The PNP internal discipline machinery provides summary disciplinary powers with maximum total periods of 15 days, 30 days, and 60 days for specified supervisors, and provides dismissal power for the Chief of the PNP with suspension/forfeiture for up to 180 days. (Annex “D”, RA 6975 Ch. III(c))
PLEBs must be created by sangguniang panglungsod/bayan with at least one (1) PLEB for every municipality and for each legislative district in a city, and at least one (1) PLEB for every five hundred (500) city or municipal police personnel. (Annex “D”, RA 6975 Sec. 43(a))
PLEBs must decide cases within 60 days from filing, and their decisions become final and executory; decisions involving demotion or dismissal may be appealed within 10 days to the regional appellate board. (Annex “D”, RA 6975 Sec. 43(c)-(d))
The appeal framework for PNP disciplinary actions includes finality rules and decision periods in regional appellate boards, including that the regional or National Appellate Board must decide within 60 days, and failure to act renders the decision final and executory with prejudice to further appeal only by the Secretary. (Annex “D”, RA 6975 Sec. 45)