Purpose
- Establishes measures, standards, and policies for Port Police conduct during strikes, lockouts, and labor disputes to ensure peace, order, and industrial stability in ports.
Scope and Jurisdiction
- Labor disputes under DOLE jurisdiction; peace and order in ports under PPA jurisdiction.
- Other law enforcement agencies may also exercise their functions concurrently.
- Coordination among DOLE, PPA, and law enforcement is required.
Conduct of Port Police
- Port Police role limited to maintaining peace, enforcing laws, and following lawful orders.
- Conflict of interest avoidance: personnel related by affinity or financial interest to parties should not serve during disputes.
- Police peace-keeping details established to maintain order during disputes.
- Requests for assistance from other law enforcement agencies can be made if needed.
- Port Police must be in complete uniform with nameplates.
- Expected to exhibit tolerance, neutrality, courtesy, respect for human rights, and minimize use of force.
Deployment and Positioning
- Peacekeeping details must avoid the picket/confrontation line, positioned to deter criminal acts.
- Police maintain a minimum 50-meter radius from picket lines, except on public thoroughfares to ensure traffic flow.
Arrests, Searches, and Seizures
- Arrests/searches require valid warrants or compliance with Rule 113, Section 5, Rules of Court.
- Union or management representatives should facilitate warrant service when possible.
- Violators of laws, port rules, or Public Assembly Act during disputes can be arrested and charged.
- Obstruction of employer ingress/egress or public thoroughfares can lead to arrest.
- DOLE must be informed immediately of violence on picket lines.
- Arrests done with coordination and notification to union and management representatives.
Service of Legal Orders and Writs
- Service of DOLE, court, or government agency orders primarily handled by agency representatives.
- These representatives coordinate with strike leaders, management, and local governments and inform parties of order contents and consequences.
- Enforcement of picketing/strike-related orders follows Labor Code Articles 218 and 263.
- Non-employees joining strikes are treated as strikers and may be compelled to leave if obstructive.
- Rallies unrelated to labor disputes governed under Public Assembly Act.
Administrative Jurisdiction and Enforcement
- DOLE determines legality of strikes, pickets, or lockouts; Port Police must not interfere solely because a strike is deemed illegal.
- Peaceful picketing respected as freedom of expression.
- Illegal obstruction structures blocking access or traffic may be summarily demolished under Civil Code provisions.
- Escorts for parties given only under competent authority direction and must be in uniform.
Social Conduct Restrictions
- Port Police personnel are discouraged from socializing or accepting invitations from any parties involved in disputes during pendency.
Liaison and Dialogue
- Port Police must maintain liaison with DOLE, management, and union representatives to promote peace and ongoing dialogue.
- Regular meetings between PPA, DOLE, and stakeholders recommended to monitor guideline compliance.
Handling Complaints Against Port Police
- Complaints against Port Police personnel during disputes will be processed under existing laws.
Role of Security Guards
- Security guards’ conduct during labor disputes governed by Rule 18 of Implementing Rules of RA 5487.
Effectivity
- Circular approved by PPA Board of Directors.
- Effective immediately; revokes inconsistent prior issuances.