Guidelines on PNP and Security Conduct in Labor Disputes

Citation, title, issuance date

The instrument is entitled “GUIDELINES IN THE CONDUCT OF PNP PERSONNEL, PRIVATE SECURITY GUARDS AND GUARD FORCES DURING STRIKES, LOCKOUTS AND LABOR DISPUTES IN GENERAL.”
The instrument is dated May 31, 1989.
The guidelines became effective immediately under the EFFECTIVITY provision.
The issuance publication record shows placement in NAR VOL.8 NO. 3 / JULY - SEPTEMBER 1997.

Scope and core division of jurisdiction

The guidelines govern the conduct of members of the Philippine National Police (PNP) during strikes, lockouts, and labor disputes in general.
Labor disputes fall under the sole jurisdiction of DOLE and/or its appropriate agencies.
Peace and order matters fall under the exclusive jurisdiction of NAPOLCOM through the PNP.
Because strikes and lockouts have peace and order implications, close coordination between DOLE and NAPOLCOM is required.
PNP involvement is limited to: maintenance of peace and order and enforcement of laws and legal orders of duly constituted authorities.
Requests for police assistance issued by duly constituted authorities must specify the acts to be performed or conducted by PNP personnel.

Peacekeeping force rules and neutrality

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 for peace and order.
Peacekeeping detail members must wear uniform and keep proper nameplate at all times.
Peacekeeping detail members must exercise maximum tolerance, and must observe courtesy and strict neutrality in dealing with both parties.
Peacekeeping detail members must treat the parties as partners in industrial peace rather than adversaries.
As much as possible, peacekeeping detail members shall not inflict physical harm upon strikers and/or picketers.
When called for by the situation or when all peaceful non-violent means are exhausted, law enforcers may employ force only as a last resort and only such force as is necessary and reasonable to prevent or repel an aggression.
Officers of the law must not render services connected with a strike or lockout where there is a question or complaint as to their relationship by affinity or consanguinity to any party official/leader or where they have financial or pecuniary interest.

Distance from picket line and arrest authority

Peacekeeping detail members shall not be stationed in the picket (or confrontation) line.
Peacekeeping detail members shall remain stationed such that their presence deters criminal acts and untoward incidents.
Peacekeeping detail members must stay outside a 50 meter radius from the picket line.
Peacekeeping detail members may station themselves inside a 50 meter radius only if the radius includes a public thoroughfare, to ensure free flow of traffic.
Arrests and searches in strike/lockout areas must be effected only on the basis of an existing and valid Warrant or Arrest/Search and Seizure authority, or in accordance with Section 5, Rule 113 of the Rules of Court (Annex “A”).
Arrests without warrant are lawful only under Rule 113, Section 5, including when the person has committed, is actually committing, or is attempting to commit an offense in the arresting officer’s presence, when an offense has just been committed with personal knowledge indicating the person committed it, or when the person is an escaped prisoner described under that rule.
Any person who violates any law, statute, ordinance, or Batas Pambansa Blg. 880 or the Public Assembly Act during a strike/lockout may be arrested and charged in court.
Any person who obstructs free lawful ingress to and egress from the employer’s premises for lawful purposes in contemplation of Article 264, par. (e) of the Labor Code, as amended, or who obstructs public thoroughfares, may be arrested and charged in court.
Whenever arrests are made pursuant to a warrant issued by competent authorities, arresting officers must coordinate with the leaders/representatives of the union and management and must inform them of the arrest and the reason.

Service of DOLE/court orders and enforceable injunctions

Service of DOLE, court, or other lawful orders/writs is the primary concern of the DOLE representative, the sheriff, or the representative of the government agency issuing the order.
Before service of the order, the DOLE representative, sheriff, or issuing agency representative must coordinate and dialogue with leaders of the striking group and representatives of management and must inform them of the nature and content of the order and the possible consequences of defiance.
Coordination with local government units must be made whenever necessary to facilitate service and prevent unnecessary intervention.
Orders enjoining any picketing, strike, or lockout are enforceable strictly in accordance with Articles 218 and 263 of the Labor Code, as amended.
Any person who is not a laborer/worker of the company business establishment on strike but joins the striking laborers/workers in their picket or strike must be treated by law enforcers as the strikers/picketers.
If a non-employee’s presence obstructs peaceful picketing, law enforcers must compel that person to leave the area.
Conduct of rallies and marches on issues not related to the labor dispute must be dealt with under Batas Pambansa Blg. 880.

Administrative jurisdiction and picketing conduct

Determining whether a strike, picket, or lockout is legal or not is left to DOLE and its appropriate agencies.
PNP elements are prohibited from interfering in a strike, picket, or lockout for the sole reason that it is illegal, except as provided in the guidelines.
Peaceful picketing as part of freedom of expression during strikes must be respected.
Shanties and structures set up to effectively block lawful ingress and egress from company premises and to block free passage in public thoroughfares must be summarily demolished under Article 694 of the Civil Code of the Philippines.
No personal escort must be provided to any party to the controversy unless directed by the competent authority.
Whenever escorts are provided to one party, the other party must be informed accordingly.
All escorts must be in uniform at all times.
Police and military personnel concerned must be discouraged from socializing with any parties during the pendency of a strike/lockout and must not accept invitations from management personnel or union officials/personnel involved in the controversy.

Liaison, planning, and reporting cadence

Liaison must be established and maintained with representatives of DOLE, management, and the union in the strike/lockout area for maintaining peace and order and for continuing peaceful dialogue between the parties.
If possible, a monthly meeting between representatives of the PNP, NAPOLCOM, DOLE, and concerned sectors must be conducted to assess and monitor compliance with and implementation of the guidelines.

Administrative action for PNP/DOLE personnel

Complaints/reports against PNP personnel on the occasion of strike/lockout must be processed and resolved under the PNP Administrative Disciplinary Machinery pursuant to Chapter III, paragraph (c) of Republic Act No. 6975.
Complaints against DOLE personnel must be processed under the DOLE Manual on the Disposition of Administrative Cases.
Appropriate disciplinary action must be taken whenever applicable, and when the evidence warrants, against erring personnel.

Security guards duties during strikes

Conduct of private security guards during strikes and lockouts must follow Rule XVIII of the Implementing Rules of Republic Act 5487.
Private security personnel in direct confrontation with strikers, marchers, or demonstrators must not carry firearms; at most, they may carry only right sticks (batuta), and may carry tear gas canister and dispenser.
Private security personnel are required to avoid direct contact, physically or otherwise, with strikers.
Private security personnel must stay only within the perimeter of the installation they protect at all times.
Private security personnel must use only sufficient and reasonable force necessary to overcome the risk or danger posed by strikers or hostile crowds when protecting and securing assets and persons.
Private security personnel must refrain from abetting or assisting acts of management leading to physical clashes between labor and management, including breaking the strike, smuggling in scabs, and preventing strikers from conducting peaceful pickets.
Private security personnel must not enforce provisions of the Revised Labor Code pertaining to strikes/lockouts.
Private security personnel on duty must be in complete uniform at all times, with names and agency name shown above the breast pockets.
Upon declaration of a strike, or establishment of a picket line or mass action at 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 firearms to other private security personnel not issued firearms but assigned to guard duties away from and not visible to strikers or the crowd as required by circumstances.
The Detachment Commander or Security Director must account for all firearms and record their whereabouts in a logbook.
Where there is no Detachment Commander or Security Director, the agency operator or Security Officer must be informed immediately, must assess the situation, and must take appropriate action to forestall violence while ensuring security of the premises.
If private security personnel observe strikers/crowd clearly violating the Revised Labor Code, Revised Penal Code, and/or local ordinances, the information must be relayed to the Commander of the Peace Keeping Force for appropriate action.
If private security personnel must talk to strikers or members of the crowd, only the Detachment Commander or Security Director may talk to the leader(s); what transpires must be reported to management immediately.
Private security personnel must not negotiate with strikers or any unfriendly crowd in relation to the labor-management dispute; negotiation is a management function.
If the situation worsens or becomes untenable, the Detachment Commander or Security Director (or the guard on post, if no Detachment Commander/Security Director exists) must advise management to request PNP security assistance.
Emergency telephone numbers (Police, Fire, Hospital) must be published at all guard posts and detachments.
Private security personnel must be subordinate to PNP regarding law enforcement and crime prevention, must not enforce legal provisions except in executing citizen’s arrest, and must turn over any arrested person immediately to the nearest PNP unit/station; if turning over aggravates the situation, utmost efforts must be exerted to request the nearest PNP unit/station to pick up the arrested person.
Criminal investigation is PNP’s responsibility; all results of initial investigation by private security personnel and all evidence they gather must be turned over to the concerned PNP unit/station without delay.
Private security personnel must enforce only company policies, management/client rules, and must focus on security of clients’ assets and persons.
Private security personnel are authorized to act only within their specifically assigned areas to be secured as provided for in the contract between client and private security agency; in company security services, authority is limited to what is specifically stated in their private security firm licenses.
Violation of the directive by private security personnel is punishable by suspension or cancellation of the private security service or cancellation of the private security agency.
Individual acts of private security personnel in violation of laws are subject to criminal prosecution, administrative penalties, and other sanctions provided by law.

Effectivity

The guidelines take effect immediately.