Title
Guidelines for PNP and Security Conduct in Labor Disputes
Law
Ncmb
Decision Date
Aug 4, 1997
The 2017 Rules on Administrative Cases in the Civil Service provides guidelines and procedures for handling administrative cases involving officers and employees in the civil service, including grounds for dropping an employee from the rolls and the process for appeal and reinstatement.

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.

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