GUIDELINES FOR THE CONDUCT OF INP/AFP PERSONNEL DURING STRIKES, LOCKOUTS AND LABOR DISPUTES IN GENERAL.
 

In order to promote public interest and safety, industrial peace and stability, and peace and order, the following guidelines are hereby prescribed to govern the official conduct of all members of the Integrated National Police and the Armed Forces of the Philippines (INP/AFP) during strikes, lockouts and labor disputes in general:chan robles virtual law library

1.  It is the essence of these guidelines that labor disputes are within the sole jurisdiction of the Department of Labor and Employment while matters involving peace and war, as well as national security are under the exclusive jurisdiction of the Department of National Defense: but as labor disputes have peace and order implications, close coordination between the two departments is necessary.

2.  The involvement of the INP/AFP during strikes, lockouts, and labor disputes in general shall be limited to the maintenance of peace and order, enforcement of laws and legal orders of duly constituted authorities and the performance of specific functions as may be provided by law.chan robles virtual law library

3.  Whenever the assistance of the INP/AFP is necessary, elements of the police force should first be called upon to render assistance. It is only when the services of the police force are not available or inadequate that the Commanding General, Capital Command (CAPCOM), or the Commander, Metropolitan District Command (METRODISCOM) in the case of cities or the Police Superintendent in the case of provinces or cities not under a METRODISCOM, may call upon elements of the Philippine Constabulary to render assistance. Unless directed by the President or personally by the Secretary of National Defense upon consultation with the Secretary of Labor and Employment or when requested by the latter, personnel from the Army, Navy and Air Force shall not intervene more be utilized in any labor dispute.

4.  Insofar as practicable, no personnel shall be allowed to render services in connection with a strike or lockout if he is related by affinity or consanguinity within the fourth civil degree to any official/leader of the parties in the controversy or has any financial or pecuniary interest therein.chan robles virtual law library

5.  A peace-keeping detail shall be established in a strike or lockout area when requested by DOLE or as the Commanding General, CAPCOM, METRODISCOM Commander/Police Superintendent, may deem necessary for the purpose of maintaining peace and order in the area.

6.  Personnel detailed as peace-keeping force in strike or lockout areas shall be in uniform, with proper namecloth at all times. He shall observe strict neutrality in his dealings with both parties to the controversy, bearing in mind that the parties to the labor dispute are not his adversaries but his partners in the quest for industrial peace and human dignity.chan robles virtual law library

7.  The peace-keeping details shall not be stationed in the picket (or confrontation line) but should be stationed such that their presence may deter the commission of criminal acts from either side. The members of the peace-keeping detail shall maintain themselves outside a 50-meter radius from the picket line, except, if the 50-meter radius includes a public thoroughfare, they may station themselves in such public thoroughfare for the purpose of insuring the free flow of traffic. 

8.  Arrests and searches in strike/lockout areas shall be effected only on the basis of an existing and valid Warrant of Arrest/Search and Seizure or in accordance with Section 5, Rule 113 of the Rules of Court (Citizen/s arrest).Whenever possible, union representatives (for laborers/workers) or management representatives (for management personnel) shall be requested to facilitate the service of the Warrant of Arrest/Search and Seizure Order.chan robles virtual law library

9.  Any person who obstructs the free and lawful ingress and egress from the employer's premises or who obstructs public thoroughfares may be arrested and accordingly charged in court.

10.  Any person who shall have in his possession deadly weapons in violation of Batas Pambansa Blg. 6 such as knives, bolos, blunt or pointed instruments and firearms or explosives in violation of Presidential Decree No. 1896 should be arrested and charged accordingly in court.

11.  The DOLE shall immediately be informed in cases of violence in the picket line or when arrests are made by law enforcement authorities. Leaders/Representatives of the union or management, as the case may be, shall also be informed of any arrest and the reason therefor.chan robles virtual law library

12.  The service of DOLE, court or other lawful orders/writs is the primary concern of the DOLE representative, sheriff, representative of the government agency issuing the order respectively. The role of the INP/AFP enforce such orders/writs subject to the provisions of paragraph 3 hereof.

13.  Orders enjoining picketing, strike or lockout are enforceable strictly in accordance with Articles 218 and 263 of the Labor Code.

14.  Any person who is not a laborer/worker of the company/business establishment on strike but has joined the striking laborers/workers in their picket or strike, shall be treated by the law enforcers in the same manner as the strikers/picketers. The conduct of rallies and marches on issues not related to the labor dispute shall be dealt with in accordance with the provisions of Batas Pambansa 880.

15.  Except as provided in these guidelines, the matter of determining whether a strike, picket or lockout is legal or not should be left to DOLE. INP/AFP elements are enjoined from interfering in a strike, picket or lockout, except as herein provided, for the sole reason that it is illegal.chan robles virtual law library

16.  Picketing as part of the freedom of expression during the strikes shall be respected provided it is peaceful. Shanties and structures set-up to effectively block awful ingress to and egress from company premises for legal purposes and the free passage to public thoroughfares may be summarily demolished in accordance with law.

17.  No personal escort shall be provided to any of the parties to the controversy unless directed by the competent authority. Whenever escorts are to be provided to any of the parties, the other party shall be informed accordingly. All escorts shall be in uniform at all times.

18.  During the pendency of a strike/lockout, the police and military personnel concerned are discouraged from socializing with any of the parties involved in the controversy. These personnel shall not, under any pretext, accept an invitation from management personnel or union officials/personnel involved in the controversy.chan robles virtual law library

19.  Liaison shall be established and maintained with representatives of DOLE, management and the union in the strike/lockout area for the purpose of maintaining peace and order as well as maintain a continuing peaceful dialogue between the parties to the strike/lockout.

20.  All complaints/reports leveled against any personnel of the INP/AFP on the occasion of strike/lockout shall be acted with dispatch. Whenever applicable, and if the evidence so warrants, appropriate disciplinary action shall be taken against the erring personnel.

21.  The Chief Constabulary/Director General, INP shall issue appropriate rules and regulations to govern conduct of security guards during the pendency of strikes/lockouts.chan robles virtual law library

22.  The Circular shall take effect immediatelychan robles virtual law library

FOR THE DEPARTMENT OF LABOR AND EMPLOYMENT                        FOR THE DEPARTMENT OF NATIONAL DEFENSE

(SGD.) FRANKLIN M. DRILON                                                                       (SGD.) RAFAEL M. ILETO
Secretary                                                                                                        Secretary