Law Summary
Peace Keeping Detail
- Established at strike or lockout areas upon request by DOLE or police command.
- Personnel must wear uniforms with nameplates, exercise tolerance, neutrality, and courtesy.
- Use of force is strictly a last resort and must be necessary and reasonable to prevent aggression.
- Peacekeepers shall not station within the picket line but maintain a distance of 50 meters, except where public thoroughfare requires presence to ensure traffic flow.
Arrests, Searches, and Seizures
- Arrests/searches require valid warrants or follow conditions per Section 5, Rule 113 of the Rules of Court.
- Union/management representatives should facilitate warrant service when possible.
- Violators of laws or Public Assembly Act may be arrested and charged.
- Obstruction of lawful ingress, egress, or public thoroughfare is an arrestable offense.
- DOLE must be informed immediately in cases of violence on picket lines.
- Arresting officers must coordinate with union and management leaders regarding arrests.
Service of Orders and Writs
- DOLE representatives, sheriffs, or issuing agency representatives are primarily responsible for serving orders.
- They must coordinate with both parties before enforcement and inform them of order contents and consequences.
- Local government coordination may be required to facilitate order service.
- Orders affecting picketing or disputes enforceable only per Labor Code provisions.
- Non-labor participants joining strikes are treated as strikers and may be compelled to leave if blocking peaceful picketing.
- Rallies unrelated to labor disputes are governed by the Public Assembly Act.
Administrative Jurisdiction and Conduct
- Legality of strikes or pickets is subject to DOLE jurisdiction; PNP cannot interfere solely on illegality grounds.
- Peaceful picketing is respected; structures blocking lawful access or public thoroughfares may be demolished as a nuisance under Civil Code.
- No personal police escorts unless ordered by competent authority; all escorts must be in uniform and notify the other party.
- Police and military personnel must avoid socializing with labor or management parties during strikes.
Liaison and Communication
- Liaison between PNP, DOLE, management, and unions is required to maintain peace and dialogue.
- Monthly meetings among PNP, NAPOLCOM, DOLE, and related sectors recommended to monitor guideline implementation.
Administrative Actions Against PNP and DOLE Personnel
- Complaints against PNP personnel processed under RA 6975 administrative disciplinary machinery.
- Complaints against DOLE personnel follow DOLE Manual on administrative cases disposition.
- Appropriate disciplinary actions applied if evidence justifies.
Role and Conduct of Private Security Guards
- Governed by Rule 18 of RA 5487 implementing rules.
- Security personnel in direct confrontation shall not carry firearms but may carry batons with tear gas dispensers.
- Guards out of direct confrontation may carry firearms per standard regulations.
- Avoid physical contact with strikers; remain within assigned areas.
- Use only reasonable force necessary for protection.
- Refrain from acts escalating labor-management conflict such as strike-breaking or preventing peaceful picketing.
- Guards do not enforce labor laws related to strikes/lockouts.
- Uniforms with identification required at all times.
Private Security Firearms Procedures
- Upon strike declaration, firearms removed from guards confronting crowds and securely stored.
- Firearms may be reissued to guards not in confrontation roles.
- Firearms inventories logged by Detachment Commander or Security Director.
- Security officers maintain communication with management and report unlawful activities.
- Only designated security heads may engage in dialogue with strikers; direct negotiation is management's role.
- Requests for PNP assistance must be made if the situation is unmanageable.
Relationship Between Private Security and PNP
- Private security is subordinate to PNP regarding law enforcement.
- Can execute citizen's arrests but must immediately turn over detainees to PNP.
- Private security responsible for securing company property and enforcing company rules only within assigned areas.
- Criminal investigations are PNP's responsibility; private security must hand over evidence promptly.
Punitive Measures for Private Security Violations
- Violations by private security personnel subject to suspension or cancellation of licenses/agencies.
- Individual criminal or administrative penalties apply for breaches of law.
Supplemental Legal Provisions
- Annexed legal texts include pertinent rules on warrantless arrest, labor code provisions on picketing, nuisances under Civil Code, RA 6975 disciplinary procedures, DOLE administrative case rules, and RA 5487 security guard regulations.
- These provide procedural and substantive bases for enforcement and disciplinary measures.
Effectivity
- The guidelines became effective immediately upon issuance.
This comprehensive framework delineates the roles and limitations of the PNP, security guards, and involved agencies during labor disputes to ensure lawful, neutral, and peaceful conduct while balancing public safety, industrial peace, and legal compliance.