Crim 6 - Dispute Reso - Supat 1 PDF

DISPUTE RESOLUTION AND
CRISES/ INCIDENTS
MANAGEMENT
Compiled and Presented by:

SEAN SUPAT
Top 2, June 2022 CLE
WHAT’S NEW? DEC 2022 CLE TOS
Criminal Sociology → CRIMINOLOGY (20%)
• Introduction to Criminology
• Theories of Crime Causation
• Professional Conduct and Ethical Standards
• Juvenile Delinquency and Juvenile Justice System
• Human Behavior and Victimology
• Dispute Resolution and Crises/Incidents Management
• Criminological Research 1- Research Method with Applied Statistics
• Criminological Research 2- Thesis Administration- Inter-agency Approach
CMO No. 05 Series of 2018 (New Curriculum for BS Criminology)

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CHAPTER 1- DISPUTE RESOLUTION
CONFLICT
When conscious beings (individuals or groups) wish to carry out mutually inconsistent
acts concerning their wants, needs or obligations. (Nicholson, M., 1992)
Also refer to a natural disagreement or struggle between people which may be

physical, or between conflicting ideas.
Exists when people have incompatible goals and one or more believe that the behavior
of the other prevents them from their own goal achievement.
CONFLICT vs DISPUTE
CONFLICT and DISPUTE are almost interchangeably used.
However, John Burton (1990) said that:
Dispute is a short-term disagreement that can result in the disputants reaching some sort
of resolution; it involves issues that are negotiable.
Conflict, in contrast, is long-term with deeply rooted issues that are seen as “non-
negotiable”
CONFLICT SITUATIONS
- are those in which the concerns of two people appear to be incompatible.
1) Assertiveness- the extent to which the person attempts to satisfy his own concerns.
2) Cooperativeness- the extent to which the person attempts to satisfy the other person’s concerns.
CONFLICT RESOLUTION
method or process involved in facilitating the peaceful ending of conflict.
Interchangeably used with Dispute Resolution.
CONFLICT RESOLUTION STRATEGIES (ACACC)

Kenneth Thomas and Ralph Kilmann (Thomas – Kilmann Instrument
or more generally known as TKI Conflict Strategies)
1. AVOIDING
2. COMPETING
3. ACCOMMODATING
4. COLLABORATING
5. COMPROMISING
STRATEGY #1- AVOIDING

1. Unassertive and uncooperative.
2. When people just ignore or withdraw from the conflict.
3. They choose this method when the discomfort of confrontation

exceeds the potential reward of resolution of the conflict.
4. When conflict is avoided, nothing is resolved.

STRATEGY #2- COMPETING
1. Assertive and uncooperative.

2. An individual pursues his own concerns at the other person’s
expense.
3. Means “standing up for your rights,” or simply trying to win.
4. Used by people who go into a conflict planning to win.
5. Might work in sports or war, but it’s rarely a good strategy for group
problem solving.
STRATEGY #3- ACCOMMODATING
1. Unassertive and cooperative—the opposite of competing.
2. When accommodating, the individual neglects his own concerns to

satisfy the concerns of the other person.
3. Like avoidance, it can result in unresolved issues

STRATEGY #4- COLLABORATING
1. It is both assertive and cooperative—the opposite of avoiding.
2. Collaborating involves an attempt to work with others to find some

solution that fully satisfies their concerns.
3. Collaborating between two persons might take the form of exploring

a disagreement to learn from each other’s insights or trying to find a
creative solution to an interpersonal problem.
STRATEGY #5- COMPROMISING
1. It is moderate in both assertiveness and cooperativeness.

2. The objective is to find some expedient, mutually acceptable
solution that partially satisfies both parties.
3. Means “splitting the difference” between the two positions or
seeking a quick middle ground solution.
4. Perceived as being fair, even if no one is particularly happy with the
outcome.
1. NEGOTIATION
2. MEDIATION
Court Annexed
a. Court-Annexed Mediation
Modes of b. Court-Referred Mediation
Dispute Non-court Annexed
Resolution
a. Institutional
b. Ad Hoc
3. CONCILIATION
4. ARBITRATION
5. JUDICIAL DISPUTE RESOLUTION
5. LITIGATION
DEFINITION OF TERMS
1. Negotiation
Negotiation is the preeminent mode of dispute resolution.
It is almost always attempted first to resolve a dispute.
Negotiation allows the parties to meet in order to settle a dispute.
The main advantage of this form of dispute settlement is that it allows the parties
themselves to control the process and the solution.
Negotiation is much less formal than other types of ADRs and allows for a lot of flexibility.
DEFINITION OF TERMS
Advantages of Negotiation
• Parties control the process.

• Parties engage in verbal interaction completely in their own terms.
• Decision is made by the parties
• Outcome is whatever the parties agree to.
DEFINITION OF TERMS
2. Mediation
a voluntary process in which a mediator, selected by the disputing parties,
facilitates communication and negotiation, and assists the parties in reaching a
voluntary agreement.
Characteristics of Mediation
• Mediation is non-evidentiary or non-merits based.
• Mediation focuses on the facilitation of communication and negotiation
between parties in order to encourage them to voluntarily settle their dispute.
• A mediator must refrain from:
a. Giving legal or technical advise;
b. Engaging in counseling advocacy;
c. Expressing his personal opinion on the rights and duties of the
parties, and the merits of any proposal made.
MEDIATION
Place of Mediation
The parties are free to agree on the place of mediation. If they don’t have an
agreement, the default venue is any place convenient and appropriate for all parties.
IS THE PROCESS OF MEDIATION MANDATORY/ OBLIGATORY?

NO. Pursuant to the Principle of Party Autonomy and Self-

determination, the parties may choose the procedure that will govern
their mediation.
The process shall be private unless the parties consent to the
presence of other persons.
MEDIATION
Ending the Mediation (SAWWD)
It is concluded by the:
a. Execution of a Settlement Agreement by the parties;
b. Withdrawal of any party from mediation; or
c. Written Declaration of the mediator that any further effort at mediation
would not be helpful.
MEDIATION
Advantages of Mediation
a. Confidentiality in the mediation process;

b. Prompt, economical, and amicable resolution of disputes; and
c. The decision-making authority rests in the parties
Stages in Mediation
Opening statement of
the mediator
Individual narration
by the parties Exchange by the
parties
Summary of the
issues
Generalization and
evaluation of options
Closure
CLASSIFICATIONS OF MEDIATION
Mediation
Non-Court Annexed Court-Annexed
Court-Annexed Court-Referred
Ad Hoc Institutional
Mediation Mediation
a. Ad hoc
means any mediation other than institutional or court-annexed
b. Institutional
when administered by and conducted under rules of a mediation institution
• An Agreement to Submit a Dispute to Mediation By An Institution should include:
a. To be bound by the institution’s internal mediation and administrative policies; and

b. To have such rules govern the mediation of the dispute, and be followed by the mediator, the
parties and their counsels, non-party participants.
a. Court-Annexed Mediation
is any mediation process conducted under the auspices of the
court, after such court has acquired jurisdiction of the dispute.
b. Court-Referred Mediation
is mediation ordered by a court to be conducted in accordance with
the Agreement of the Parties when an action is prematurely
commenced in violation of such agreement.
Cases subject to CAM
The following cases shall be referred to CAM:
• All civil cases, except those which by law may not be compromised (Article 2035, New Civil Code);
• Special proceedings for the settlement of estates;
• The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
• The civil aspect of criminal cases where the imposable penalty does not exceed six years
imprisonment and the offended party is a private person; and
• The civil aspect of theft (not qualified theft), estafa (not syndicated or large scale estafa), and libel.
3. Conciliation
Like mediation, conciliation is a voluntary, flexible, confidential, and interest-
based process. The parties seek to reach an amicable dispute settlement with
the assistance of the conciliator, who acts as a neutral third party.
4. Arbitration
is a voluntary dispute resolution process in which one or more arbitrators,
appointed in accordance with the agreement of the parties, or the rules, resolve
a dispute by rendering an award.
Award means any partial or final decision by an arbitrator in resolving the issue or
controversy.
Other Forms of ADR
Early Neutral Evaluation

is an ADR process wherein parties and their lawyers are brought together early
in a pre-trial phase to present summaries of their cases and receive a
nonbinding assessment by an experienced, neutral person, with expertise in the
subject in the substance of the dispute.
Other Forms of ADR
Mediation-Arbitration or Med-Arb
is a two-step dispute resolution process involving both mediation and
arbitration.
Other Forms of ADR
Mini-trial
is a structured dispute resolution method in which the merits of a case are
argued before a panel comprising senior decision makers with or without the
presence of a neutral third person after which the parties seek a negotiated
settlement.
RA 876- The Arbitration Law of 1958
An Act to Authorize the Making of Arbitration and Submission Agreements,

to Provide for the Appointment of Arbitrators and the Procedure for
Arbitration in Civil Controversies, and for Other Purposes
Why study?
Section 32 of RA 9825:
SEC. 32. Law Governing Domestic Arbitration
Domestic arbitration shall continue to be governed by Republic Act No. 876,
otherwise known as "The Arbitration Law" as amended by this Chapter. The term
"domestic arbitration" as used herein shall mean an arbitration that is not international
as defined in Article (3) of the Model Law.
RA 876
Enacted on 1958
The Phils. acceded to the New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards in 1967.
The aim of the Convention is to ensure the enforcement of foreign arbitration awards
worldwide. It requires contracting states to recognize and enforce foreign arbitration
awards in the same way they do domestic awards, by essentially converting the
foreign arbitration award into a judgment enforceable by a national court.
SCOPE OF RA 876
1. Any controversy existing between the parties at the time of the submission
2. A controversy arising from a contract wherein the parties agree to settle any
dispute arising therefrom through arbitration
3. May include valuations, appraisals or other controversies which may be

collateral, incidental, precedent or subsequent to any issue between the parties.
SIGNIFICANCE OF RA 876
1. It recognized the freedom of the parties to enter into an arbitration agreement
and specified that parties may enter into an arbitration agreement either
before or after a dispute arises (Sec.2)
2. It specified the form of the arbitration agreement

(i.e., it must be in writing and subscribed) (Sec 4)
3. It provided the procedure in case one of the parties refused to cooperate or

participate in the arbitration (Secs. 5&6)
4. It defined the qualifications of the arbitrators and set forth guidelines for their
appointment and challenge.(Secs. 8,9,10&11)
5. It empowered the arbitrators to issue subpoenas and gave the parties the right
to “petition the court to take measures to safeguard and/or conserve any matter
which is the subject of the dispute in arbitration(Sec.14)
6. Significantly, it limited the grounds for vacating an arbitral award to the following:
(a) The award was procured by corruption, fraud, or other undue means; or
(b) That there was evident partiality or corruption in the arbitrators or any of them; or
(c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing
upon sufficient cause shown, or in refusing to hear evidence pertinent and material to
the controversy; that one or more of the arbitrators was disqualified to act as such
under section nine hereof, and willfully refrained from disclosing such disqualifications
or of any other misbehavior by which the rights of any party have been materially
prejudiced.
EFFECTS OF VACATING AN AWARD
When an award is vacated, the court, in its discretion, may direct a new hearing
either before the same arbitrators or before a new arbitrator or arbitrators to be
chosen in the manner provided in the submission or contract for the selection of
the original arbitrator or arbitrators, and any provision limiting the time in which the
arbitrators may make a decision shall be deemed applicable to the new arbitration
to commence from the date of the court's order.
APPEALS
“An appeal may be taken from an order made in a proceeding under this Act, or
from a judgment entered upon an award through certiorari proceedings, but such
appeals shall be limited to questions of law. The proceedings upon such an
appeal, including the judgment thereon shall be governed by the Rules of Court in
so far as they are applicable.”
CONFIRMATION OF AWARD
A domestic arbitral award is not self-executory. In order to convert the domestic

arbitral award into an enforceable judgment, the winning party has to file with the
courts a petition for confirmation of the arbitral award within thirty (30) days from
receipt of the arbitral award. The court should, as a matter of course, grant the
petition, unless there are grounds to vacate the award.
Stages in Arbitration
Arbitrator Selection Preliminary Hearing

Case filed Discovery Process
Process & Scheduling Order
Final Arbitration Post-Arbitration Hearing/ Mediation

Briefs Arbitration Hearing Process
Award
5. Judicial Dispute Resolution (JDR)

JDR is a process whereby the judge (called the JDR Judge) employs
conciliation, mediation or early neutral evaluation in order to settle a case at the
pre-trial stage. In the event the JDR fails, then another judge (called the trial
judge) shall proceed to hear and decide the case.
Cases subject to JDR
The following cases shall be referred to JDR by Judges in areas declared as JDR sites:
• All cases which were not successfully settled in CAM;

• All appealed cases from the exclusive and original jurisdiction of the First Level Courts:
• over a habeas corpus case decided by the judge of the first level court, in the absence of all
the Regional Trial Court judges in the province or city, that are brought up on appeal from the
special jurisdiction granted to the first level courts under Section 35 of the Judiciary
Reorganization Act of 1980.
6. Litigation
Litigation is generally thought of as the process of resolving rights-based
disputes through the court system, from filing a lawsuit through arguments on
legal motions, a discovery phase involving formal exchange of information,
courtroom trial and appeal.
Negotiation v. Mediation
Negotiation Mediation
Agreement is based Mediator attempts
on parties’ own to work out a
terms settlement or
agreement that
both parties accept
or reject
Mediation v. Conciliation
Mediation Conciliation
A mediator, will, in The conciliator will
most cases and as a be asked by the
matter of principle, parties to provide
refrain from making them with a non-
such a proposal binding settlement
proposal
CAM v. CRM v. JDR

CAM CRM JDR
No pre-existing Expressly stated in Judge tries to settle
agreement present, an Agreement to the dispute for cases
but parties were still resort to Arbitration not successfully
directed to before filing a case in settled in CAM
Mediation to declog court
court dockets
Arbitration v. Mediation v. Conciliation

ARBITRATION MEDIATION CONCILIATION
OBJECTIVE
Award Settlement Advise to either party
Settlement/ No Settlement/ No
OUTCOME Award
Settlement Settlement
LEGALITY Legally Binding Not legally binding Not legally binding
Mediator
Parties submit their NTP gives
recommends
case to a neutral third advice→Parties
HOW IT’S DONE alternatives →
party → Arbitrator reach out an
Parties reach out
determines solution agreement
an agreement.
Arbitration v. Litigation
ARBITRATION LITIGATION
Private and confidential Public
Parties were given the opportunity to agree on Parties cannot agree on the presiding officer
the arbitrator. because the judge is raffled.
Parties can select the governing law that will Philippine law governs unless there is a
determine their substantive rights choice of law stipulation in the contract
Arbitration procedure depends on the Rules of Court applies
agreement
Arbitration v. Litigation
ARBITRATION LITIGATION
Formal offer of evidence is generally submitted at the Formal offer of evidence is only submitted at the end
beginning
The venue of arbitration depends on the agreement As a rule, the Rules of Court determine the venue but it
may also depend on the agreement.
Submission to the process is consensual Submission to the process is not consensual
Claimant vs. Respondent Plaintiff vs. Defendant / Petitioner vs. Respondent
Arbitrator Judge
Stenographer Court Reporter
Award / Final Award / Interim Award Judgment / Final Judgment / Interlocutory Order
ALTERNATIVE DISPUTE RESOLUTION SYSTEM

is any process of procedure used to resolve a dispute or controversy, other than
by adjudication of a presiding judge of a court or an officer of a government
agency, in which a neutral third party participates to assist in the resolution of
issues, which includes:
a. arbitration;
b. mediation;
c. conciliation;
d. early neutral evaluation;
e. mini-trial;
f. or any combination thereof.
Objectives and Benefits of the ADR
1. Speedy and impartial justice

2. Declogging of court dockets
Principles of ADR
1. Promotion of party autonomy and self-determination

2. Recognition of ADR as an efficient tool and an alternative procedure
3. Enlisting private sector participation
Features of the ADR

1. ADR is a means used to resolve a dispute or controversy.
2. ADR utilizes means and methods allowed by law.
3. ADR is contractual in nature.
a. Pre-causal consent – when the parties to the contract stipulate that
any dispute that will arise from the contract shall be resolved by
arbitration.
b. Present causal consent – when the parties to an existing controversy
voluntarily submit themselves either to arbitration or mediation.
4. ADR avoids court trial.
5. ADR usually involves the participation of a neutral third party.
Exceptions:
RA 9285 shall not apply to resolution or settlement of the following: LC-VAJ-FCC
a. labor disputes covered by the Labor Code and its IRR;
b. civil status of persons;
c. validity of a marriage;
d. any ground for legal separation;
e. jurisdiction of courts;
f. future legitime;
g. criminal liability;
h. disputes which by law cannot be compromised; and
i. disputes referred to CAM.
Classification of Forms
As to number of parties, it could be bilateral or multilateral
o Bilateral – when there are 2 contending parties

o Multilateral – when there are more than 2 contending parties
As to number of issues, it could be simple or complex
o Simple – only one issue is involved

o Complex – two or more issues
As to extent of the conclusion, it could be complete or partial
o Complete – all the issues involved are resolved

o Partial – only one or some, but not all, are resolved
(But in no case should ADR merely suspend or defer the resolution of the dispute.)
As to the role of evidence in the proceedings, it could be merit based or non-merit based
o Merit-based or evidentiary – when presentation of evidence and evaluation of merits are required.
As to the pendency of a court case, it could be case related or independent

o Case-related – conducted in connection with or as a prerequisite to trial (e.g., CAM, CRM)
o Independent – conducted irrespective of any pending court case
As to the applicable law, it could be domestic, international, or foreign

o Domestic – if the parties’ place of business, place of arbitration, and place of the
performance of the obligation involved or subject matter of the dispute, are in the Philippines
o International – any of the following:
a. When the parties’ place of business are in different states
b. When the place of arbitration is outside the Philippines
c. When the place where a substantial part of the obligation is to be performed;
or the place where subject matter of the dispute is most closely connected, is
outside the Philippines
d. When the parties agreed that the subject matter of the dispute relates to
more than one country
o Foreign – when conducted outside the Philippines
As to permanence, it could be ad hoc or institutional
o Ad hoc – if the existence of the ADR provider is only temporary, for a

particular dispute or controversy
o Institutional – if the ADR practitioner’s existence is permanent in

character and not dependent on any dispute
Components of ADR
ADR Professional/ Practitioner
Form of ADR Dispute or Controversy
Contending Parties
BASIC CONCEPTS
A. Concluding Acts
ADR proceedings are completed upon the execution of a concluding act or agreement:
• In mediation – a mediated settlement agreement or a compromise agreement
• In CAM – a judgment based on compromise
• In conciliation – a waiver and quitclaim
• In arbitration – arbitral award (arbitral decision), award on agreed terms, consent
award, award based on compromise
Salient Features of the ADR Law
Jurisdiction
An arbitral body, once constituted, has the power to examine the question of
its own competence.

Venue and Place
General rule: Parties are free to agree in the place or venue

International Commercial Arbitration: parties could also choose the State
where the arbitration will be conducted. This is to avoid the adverse
influence of each other’s national laws. If the parties don’t choose, the
arbitrator tribunal will choose the venue.
In the absence of both, it will be in Metro Manila

Recognition and Enforcement of Awards
Arbitral awards in International Commercial Arbitration are readily enforced pursuant to the New
York Convention of 1958.
Foreign judgments are generally not enforceable in other jurisdictions except in cases of reciprocity
and comity. Arbitral awards are more readily enforceable.
The original or duly authenticated copy of the award and the arbitration agreement must be filed in
the RTC and approved for it to be enforceable in the country.
OFFICE FOR ALTERNATIVE

DISPUTE RESOLUTION (OADR)
Attached to the Department of Justice

Headed by an Executive Director
Appointed by the President of the Philippines
(ADHEDAP)
DIVISIONS OF OADR
a. Secretariat – shall provide necessary support and discharge such other functions and duties as may be
directed by the Executive Director.
b. Public information and Promotion Division – shall be charged with the dissemination of information, the
promotion of the importance and public acceptance of mediation, conciliation, arbitration or any combination
thereof.
c. Training Division – Formulates effective standards for the training of ADR practitioners; Conduct of
training; Issuance of certifications of training to ADR practitioners and ADR service providers.
d. Records and Library Division – shall be charged with the establishment and maintenance of a central
repository of ADR laws, rules and regulations, jurisprudence, books, articles, and other information about
ADR in the Philippines and elsewhere.
POWERS OF THE OADR

a. Appointing authority of mediators and arbitrators
b. Conducts seminars, symposia, conferences and other public fora that would promote, develop
and expand the use of ADR;
c. c. To establish an ADR library or resource center where ADR laws, rules and regulation,
jurisprudence, books, articles and other information about ADR in the Philippines and elsewhere
may be stored and accessed;
a. d. To establish training programs for ADR providers/practitioners, both in the public and private
sectors
ADVISORY COUNCIL
Advises the Executive Director on policy, operational and other relevant matters.
The Council shall meet regularly, at least once every two (2) months, or upon call by
the Executive Director.
COMPOSITION OF ADVISORY COUNCIL

Appointed by Sec, DOJ
Recommended by OADR Exec Dir
Chairman- they will Choose among themselves
(ASRECC)
A representative from each of the following: (3AMI)

a. Mediation profession; b. Arbitration profession;
c. ADR organizations; d. IBP; and
e. Academe.
COMPARING RA 9285 AND RA 876

RA 9285 RA 876
Confidentiality of Information Must strictly be observed No provision
Qualifications of an Arbitrator May be of any nationality No specifications
Suspension of Arbitration in Case of The arbitral tribunal/challenged arbitrator may continue Automatic suspension
a Challenge on the Qualifications of the arbitration
an Arbitrator
Power to issue subpoenas Power to issue subpoenas only
Powers of the Arbitrators Power to issue interim measures of protection
Preliminary injunction;
Appointment of receivers or detention;
Inspection of the property in dispute
Laws Governing Barangay Justice System

PD 1508
“An Act Establishing a System of Amicably Settling Disputes at the Barangay Level”
RA 7160
RA 7160 is otherwise known as the 1991 Local Government Code.
This gives barangays the mandate to enforce peace and order and provide support for the effective
enforcement of human rights and justice.
Batas Pambansa Blg. 337 or the 1983 Local Government Code

Katarungang Barangay (KP) is a system of justice administered at the barangay

level for the purpose of amicable settling disputes through mediation, conciliation or
arbitration among the family or barangay without resorting to the courts.
Barangay
The basic political unit
Serves as the primary planning and implementing unit of government policies, plans,
programs, projects, and activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallized, and considered, and
where disputes may be amicably settled. (Sec 384 of the Local Government Code)
Composition of Barangay Officials
A Punong Barangay (5-yr term)

Seven (7) Sangguniang Barangay Members
Sangguniang Kabataan Chairman
A Barangay Secretary
A Barangay Treasurer
General Rules
1. NO LAWYERS allowed in barangay hearings.
2. Not all cases go to the Katarungang Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a court
Cases Exempted in Katarungang Pambarangay

1. ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR CORPORATION
2. OFFENSES INVOLVING GOVERNMENT ENTITY
3. OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING FINE
FIVE THOUSAND (P5,000.00)
4. OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS CRIME)
5. REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES,
DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, LAND
DISPUTES AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.
Cases directed to court
1. IF THE PERSON IS ALREADY DETAINED.

2. IN CASE OF HABEAS CORPUS.
3. THERE IS PROVISIONAL REMEDY.
4. PRESCRIBED
Venue
1. If both parties are residents of the same barangay, before the Lupon
of the barangay.
2. Different barangays but in the same municipality, in the barangay of
the respondent.
3. If real property is involved, in the place of real property.
4. If it involves work, in the place of work.
Lupong Tagapamayapa
Lupong Tagapamayapa (Lupon) is a body organized in every barangay

composed of Punong Barangay as the Chairperson and not less than
ten (10) and more than twenty (20) from which the members of every
Pangkat shall be chosen.
Pangkat Tagapagkasundo
Composition
Pangkat ng Tagapagkasundo is a conciliation panel constituted for each
dispute brought before the Lupon. It is composed of three (3) members
who shall be chosen by the parties to the dispute from the list of
members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the same
shall be determined by lots drawn by the Barangay Chairman.
FAQs (“COMPREHENSIVE GUIDEBOOK ON KATARUNGANG PAMBARANGAY,” authored by Juanito S. Ortiz)
What is the Term of Office of the Lupon members?

Answer : Lupon Members shall hold office until a new Lupon is constituted on the
third year following their appointment, unless the term of any of the Lupon members
is sooner terminated by resignation, transfer of residence or place of work or
withdrawal of appointment by the Punong Barangay with the concurrence of the
majority of the members of Lupon.
Are Lupon members entitled to compensation?

Answer : They serve without compensation except for certain honoraria, allowances
and other emoluments as authorized by law or barangay, municipal or city
ordinance.
How much is the filing fee?

Answer : Minimum of five pesos (P5.00) nor more than twenty pesos (P20.00)
Can an individual file a case directly in court?

Answer : No, unless personal confrontation of parties has already taken place and
resulted to a failure in the settlement of such case.
What happens when a case outside the jurisdiction of the KP is settled

amicably at the barangay level?
Answer : Any settlement or arbitration on disputes not covered by the KP does not
have the force and effect of a court judgment; they are merely private contracts and
cannot be enforced through execution by the Lupon or court.
What is mediation?
Answer : Mediation of the first process of settling a dispute under the KP. It is
performed by the punong barangay as lupon chairman who is given authority to
summon the disputants for a face to face meeting before him for the purpose of
expeditiously and amicably settling their differences.
What is conciliation?
Answer : Conciliation is the extension of the amicable settlement in the case the
mediatory effort of the punong baranagy did not result to reconciliation within the 15
days from the start of the proceedings.
What is arbitration?
Answer : Arbitration is the alternative way of settling disputes under the KP whereby
contesting parties agree in writing on the decision or judgment of the Punong
Barangay or the Pangkat.
RESTORATIVE JUSTICE
Restorative justice refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the offender and the
community. It seeks to obtain reparation for the victim; reconciliation of the offender,
the offended and the community; and reassurance to the offender that he/she can
be reintegrated into society.
It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.
RETRIBUTIVE JUSTICE
Retributive justice requires that the punishment fit the crime
and that like cases be treated alike. Wrongdoers deserve blame and
punishment in direct proportion to the harm inflicted.
Distinctions bet. Retributive Justice and Restorative Justice
Retributive Justice Restorative Justice

Focused on determining the following: Focused on determining the following:
• What law was broken; • What is the harm resulted from the crime;
• Who broke it; and • What needs to be done to repair the harm; and
• How shall offenders be punished? • Who is responsible for repairing the harm?
Considers a crime as an act against Considers a crime as an act against

the State the victim and the community
The control of crimes lies to the The control of crimes lies to the
Criminal Justice System community
The community is represented by The community is the facilitator in

the State the restorative process

focuses on the future to
focuses on the past by determining
determine the matters to be
the person to be blamed for the
considered so that the crime will not
crime committed
be repeated
focuses on the offender’s past focuses on the consequences of

behavior offender’s behavior
emphasizes the adversarial emphasizes dialogue and

relationship negotiations
considers crime as an individual act considers crime as both individual

with individual responsibility and social responsibility
based on the principle of Lex Based on forgiveness and

Taliones reconciliation
CHAPTER 2- INCIDENTS/CRISES MANAGEMENT
REVISED PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES-September 2021
Rule 4- Public Safety Operations
PNP CRITICAL INCIDENT MANAGEMENT OPERATIONAL

PROCEDURES (CIMOP)
Human-induced/ Man Natural Disasters/

made Critical Incident Calamities
National and
Local Disaster Risk
National and Local
Reduction and
Peace and Order Management Council
Council (NPOC) (NDRRMC)
PNP
Critical Incident
Management
Committee (CIMC)
Crisis
Greek word “crisis” meaning “to separate”
Crisis refers to dangerous and unstable social condition characterized by an
impending abrupt change approaching an emergency level event.
Incident
Latin “incidentem” meaning "likely to happen”
An incident is an offense (violation, misdemeanor, or felony), emergency or
occurrence that is potentially dangerous to life, health, or safety of a person or
actually or potentially damages property.
What is Crisis Management Committee (CMC)?

Crisis Management Committee (CMC) is primarily concerned with the
formulation of crisis management procedures, integration and
orchestration of government, military/police and public efforts towards
the prevention and control of crisis incidents.
What is National Peace and Order Council (NPOC)?

DILG Secretary- Chairman
Tasked to contribute to the strategies of the National Security Council,
coordinate and monitor, and serve as a forum for deliberation for peace
and order concerns.
What is Incident Command System (ICS)?

The Incident Command System (ICS) shall be adopted as a template in
responding to critical incidents.
This provides guidance to the PNP’s roles on how to organize its assets to
respond to an incident and processes to manage the response through its
successive stages.
Types of Critical Incidents

1) Natural Calamity and Disaster
The PNP shall act as the first responder in the
affected area in order to provide area security
and support in the conduct of search, rescue and
retrieval operations to be spearheaded by the
area DRRMCs.
Types of Critical Incidents

Human Induced Incidents
Response of the PNP:
a) Manage an incident that could be resolved by
ordinary police response without the involvement
of the Crisis Management Committee (CMC);
b) Manage an incident that needs a CMC–
directed operation requiring the implementation
of special tasks by one or more of the urgent
services of the Philippine government.
5 Ps of Crisis Management
PRO-ACTIVE PHASE
1. Prediction
2. Prevention
3. Preparation
REACTIVE PHASE
4. Performance
5. Post-action and Assessment
PRO-ACTIVE PHASE
Step 1: Prediction
Involves the FORETELLING of the
likelihood or crisis to occur whether
natural or man-made.
PRO-ACTIVE PHASE
Step 2: Prevention
Using of PASSIVE and ACTIVE security measures, as
well as remedy or solution of establishing factors
and/or security flaws leading to crisis or emergencies
(mostly applicable to man-made incidents)
PRO-ACTIVE PHASE
Step 3: Preparation
Done thru PLANNING, ORGANIZING TRAINING of
personnel- Rescue Team, Medical Team, stockpiling
of equipment such as flashlights, rubber boats and
the like.
REACTIVE PHASE
Step 4: Performance
Ensures a high probability of success in
neutralizing the perpetrators; to minimize or
cushion the adverse effects of the Crisis Incidents
and to ensure a smooth and speedy rehabilitation
or return to normal.
REACTIVE PHASE
Step 5: Post-Action and
Assessment
The situation when pro-active and reactive
phases were done. This is when the
authorities assess the extent of damage and
conclude the activities.
MOST COMMON TYPES OF HUMAN-INDUCED INCIDENTS
1. Hostage Situation
2. Bomb Threat
3. Civil Disturbance
4. Public Assembly
Hostage Situation
HOSTAGE SITUATION TEAM
Incident
Commander
Hostage
First Assault Crowd Support
Negotiation
Responders Team Control Team Team
Team
Roles of an Incident Commander (IC)

Only one (1) with the most senior rank/ with experience in hostage/ crisis situation
1) Assess the situation and prepare necessary plans 2) Be guided in the following situations:
a) Emergency Response Plan a) Negotiate
b) Breakout Plan b) Arrest
c) Delivery Plan c) Tactical assault
d) Surrender Plan
e) Hostage Reception
f) Collection
Roles of First Responders

1) Secure incident scene, establish perimeter security.
9) Initiate contact with the hostage-taker through any
2) Give situation update to concerned authorities. available means.
3) Never allow unauthorized persons at the incident scene. 10) If the situation becomes volatile, request for
4) Gather information about the hostage-taker and hostage(s) deployment of HNT. However, at any given time, if the
from witnesses. hostage-taker is neutralized, the HNT may no longer be
necessary.
5) Re-route traffic flow (if necessary).
11) Brief the TL, HNT of the situation and turn-over the
6) Evacuate all persons within the vicinity of the incident conduct of negotiation.
scene.
12) Stay at the incident scene to maintain security,
7) Clear areas for use of other responders. crowd and traffic control, preserve evidence and take
custody of witnesses.
8) Establish Advanced Command Post (ACP).
Roles of Hostage Negotiation Team

Designated by IC.
No one shall be allowed to talk to the hostage-taker without
3) Give updates to the IC and brief him/her of the current
clearance from the Negotiator or IC.
situation;
Directly under the control and supervision of the IC.
4) Evaluate the necessity of resorting to other option
The HNT consists of the team leader/coordinator, primary without compromising the safety of the hostage(s);
negotiator, secondary negotiator, intelligence liaison/recorder
5) Recommend for activation of CMC and deployment of
and board negotiator. The HNT shall:
CIMTG as necessary;
6) Facilitate all deliveries, hostage receptions, and
1) Set-up Negotiation Operation Center (NOC); release and possible surrender of hostage-taker; and
2) Initiate contact with the hostage-taker and obtain other 7) Attend to all meetings called by the CMC or IC.
information;
Roles of Assault Team

An assault team shall be alerted for deployment
in case the negotiation fails. Members of the
assault team shall wear authorized and easily
recognizable uniform during the conduct of the
operation.
Roles of Crowd Control Team

A crowd control team shall be deployed to
manage and control the crowd and
augment the first responders in securing
the perimeter.
Roles of Support Personnel

Support personnel shall include those in
charge of managing traffic, firefighting,
providing medical emergency assistance,
crime scene processing and rescue.
After the neutralization of the hostage-taker/s and rescue of the hostage/s,

the following processing and debriefing procedures shall be undertaken:
1) Clear and secure the crime scene to avoid contamination of evidence;

2) Evacuate the hostages and other injured persons;
3) Conduct CSI;
4) Conduct debriefing on the hostages and participating personnel;
5) Take the sworn statement of witnesses, hostages, hostage-taker, and key participants in the incident;
6) Initiate case conferences to facilitate filing of cases;
7) Issue press statements;
8) Submit reports to higher headquarters; and
9) Deactivate the CMC and CIMTG.
Bomb Threat
Things First Responders must do in case of:

1. Receipt of Any Bomb Threat
2. Confirmation of EOD/K9 that there is a presence of an
explosive component or Improvised Explosive Device (IED)
3. Bomb Explosion
Procedures for FR Upon Receipt of Any Bomb Threat:
1) Treat all threats as serious until proven otherwise; 6) Alert EODT/K9;

2) Determine the exact location of the establishment under 7) Notify HHQ of any development and continue giving
threat; updates;
3) Proceed immediately to the scene; 8) Brief the EOD/K9 team upon arrival and assist if
necessary; and
4) Coordinate with the security manager or administrator;
9) Provide security at the scene until such time when the
5) Conduct visual search in the area and isolate the specific
EOD/K9 team declares the area is cleared of any
place, if necessary, when a suspicious item is located without
incendiaries or explosives.
causing panic;
Procedures for FR if the EOD/K9 confirmed the presence of an explosive component or

Improvised Explosive Device (IED):
1) Report the progress of the incident to the TOC for the following:
a) Summon ambulance and fire trucks to the scene;

b) Request for deployment of additional police personnel to establish traffic control, crowd control and security.
2) Lock down the affected area to a distance of at least 300 meters away;
Procedures for FR in case of Bomb Explosion
1) Upon receipt of the report:
a) Identify exact location of the incident and proceed to the scene immediately;
b) Direct EOD/K9 teams to proceed to the area;
c) Notify HHQ of the situation;
d) Report the incident to the TOC
2) Upon arrival at the scene:
a) Cordon the area at least 150 meters from the location

of explosion; h) Submit initial incident report immediately with the following
b) Assist in the immediate evacuation of the injured if information:
possible; (1) Time when the call for bomb threat was received;
c) Direct occupants of the establishment to evacuate; (2) Time of detonation/explosion; and
d) Maintain order and crowd control; (3) Description of type of device.
e) Seal off location until the EOD/K9 team determines if i) Identify any witnesses and bring them to the nearest police
a secondary device exists; station to obtain their statement;
f) Conduct rescue operations at the scene upon j) Avoid issuing “speculative” press releases or statements;
clearance of the EOD/K9 team;
k) Ensure cooperation with the IOC.
g) Assist the Post-Blast Investigation (PBI) team and
SOCO team upon clearance from the EOD/K9 team;
Civil
Disturbance
General Guidelines
CDM contingent → Stationed at least 100 meters away from the place where
the public assembly is being held
No permit from LGU concerned→ PCO should persuade the demonstrators
to disperse peacefully and vacate the public place
Lighting rallies/demonstrations→ Ground Commander→ Conduct dialogue
with leaders/organizers for voluntary dispersal
Maximum tolerance must always be exercised.
Specific Guidelines
CDM contingent must help when assistance is requested by the leaders/organizers.

The members of the CDM contingent dealing with the demonstrators shall be in prescribed uniform.
1) The CDM contingent shall NOT carry any kind of firearms but may be equipped with batons or riot sticks, crash helmets
with visor, gas masks, boots or ankle-high shoes with shin guards.
2) Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall not be used unless the public assembly
is attended by actual violence or serious threats of violence, or deliberate destruction of property.
3) The organization and membership of CDM contingents shall be in accordance with existing PNP rules and regulations.
4) For every CDM contingent, there shall be a team of negotiators.
5) A separate security contingent may be organized and ready to provide immediate assistance.
CDM Operational Tasks
1) Isolate the area

2) Secure likely targets
3) Control the crowds
4) Establish area control; and
5) Arrest violators
Public
Assembly
Policy
• Public assemblies held in freedom parks or on private property do not need a permit for the activity.
• A public assembly held in a public place must have a permit from the mayor of the city or municipality
• The PNP shall provide police assistance only when requested by the leaders or organizers
• A public assembly held with or without a permit may be peacefully dispersed
• Lightning demonstrations or rallies in areas where public assembly is prohibited shall be dispersed peacefully.
Police Responses
The following are the police responses during the:
1. Planning Stage
2. Initial and Peaceful Stage
3. Confrontational Stage
4. Violent Stage
5. Post operation Stage
Planning Stage
a) Initiate dialogue with the leaders/organizers to ensure the peaceful holding of a public assembly.
b) Prepare appropriate security and CDM contingency plans.
During Initial and Peaceful Stage
a) With Permit or Held in Freedom Parks/ Private Properties

1. The PNP shall not interfere with the holding of a public assembly.
• A CDM contingent, under the control and supervision of a PCO shall be stationed at least
100 meters away from the area where the public assembly is being held.
2. Monitor the activities at the public assembly area and respond to any request for
police assistance
b) Without Permit or Permit has been revoked

The Ground Commander shall immediately conduct an inquiry whether the assembly is covered with a permit or not.
No permit shown → Verify thru Office of the Mayor
Confirmation that no permit was issued → Inform the leaders/organizers that they are violating the law → asked to
disperse peacefully.
The PNP shall exhaust all peaceful remedies to persuade the demonstrators to disperse
Failure of peaceful dispersal → CDM contingents may commence dispersal operations after the CDM commander
announced the violations of law they have committed.
Such announcement of the violations must be made at least three times.
During Breach of Peace/Confrontational Stage (With or without permit)
No public assembly with a permit shall be dispersed. However, when a public assembly becomes violent, the CDM
contingents may disperse such public assembly in the following manner:
a) At the first sign of an impending violence.
b) If actual violence reaches a point where rocks or other harmful objects from the participants are thrown at the
CDM contingents or the non-participants, the GC shall audibly warn the participants.
c) If ineffective, the GC shall immediately order it to disperse after a lapse of time.
d) Water cannons and riot sticks may be used to repel aggression.
e) No arrest of any leader, organizer or participant shall be made unless there is a violation of law.
During Violent Stage
a) Non-lethal weapons and equipment may be used to suppress violence,

to protect lives and prevent further damage to properties.
b) PNP security elements shall be tactically deployed to provide

immediate assistance to the CDM contingents.
Post-Operation Stage
a) CDM contingents shall be withdrawn after the area has been cleared of
possible danger to public safety.
b) Sufficient police force shall be maintained to ensure peace and order in

the area.
Prohibited Acts
The following prohibitions provided by Section 13 of Batas Pambansa (BP) 880 shall be strictly observed:
1) Obstructing, impeding, disrupting or otherwise denying the exercise of the right to peaceful assembly;
2) The unnecessary firing of firearms to disperse the public assembly.
3) Acts described hereunder if committed within 100 meters from the area of activity of the public assembly;
a) The carrying of a deadly or offensive weapon or device such as firearm, pillbox, bomb, and the like;
b) The carrying of a bladed weapon;
c) The malicious burning of any object in the streets or thoroughfares;
d) The carrying of firearms by CDM contingents;
e) The interfering with or intentionally disturbing the holding of a public assembly by the use of a motor
vehicle, its horns and loud sound systems;
f) The drinking of liquor or alcoholic beverages; and
g) Gambling of any kind.
Some Important Terms (CLE VIPs)
Courier- person/s delivering the demands of the hostage-takers.

Crisis Negotiation- use of communication techniques and strategies to influence a person to change
his/her behavior in accordance with goals within legal, ethical and moral constraints.
Hostage-talking- situation in which the perpetrators hold person/s captive against their will as
bargaining chips in a known location refusing the demands of the authorities to surrender.
Hot debrief- short debriefing conducted by negotiating team prior to turnover to another set of
negotiating team.
Incident/On-Scene Commander- senior officer in command of the incident.
Cardinal Rule in Negotiation- “Commander should not negotiate, negotiator should not command”
Mortal Sin- saying “NO”
Some Important Terms (CLE VIPs)
Intermediary- person authorized by the Incident/On-Scene Commander to communicate with the

hostage-takers either upon the request of the letter or to facilitate smooth communication between the
negotiators and the hostage-takers.
Stockholm Syndrome- hostages express adulation and have a positive feeling towards their captors
that appear irrational in light of the danger or risk endured by the victim. Coined by Nils Bejerot.
Lima Syndrome- abductors develop sympathy for their hostages.
London Syndrome- one or more hostages respond to captors with belligerence and non-cooperation.
Stronghold- any location or structure, fixed or mobile, where the hostage is being held.

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DISPUTE RESOLUTION AND

Compiled and Presented by:

CMO No. 05 Series of 2018 (New Curriculum for BS Criminology)

Also refer to a natural disagreement or struggle between people which may be

CONFLICT RESOLUTION STRATEGIES (ACACC)

STRATEGY #1- AVOIDING

2. When people just ignore or withdraw from the conflict.

3. They choose this method when the discomfort of confrontation

4. When conflict is avoided, nothing is resolved.

STRATEGY #2- COMPETING

1. Assertive and uncooperative.

STRATEGY #3- ACCOMMODATING

1. Unassertive and cooperative—the opposite of competing.

2. When accommodating, the individual neglects his own concerns to

3. Like avoidance, it can result in unresolved issues

STRATEGY #4- COLLABORATING

1. It is both assertive and cooperative—the opposite of avoiding.

2. Collaborating involves an attempt to work with others to find some

3. Collaborating between two persons might take the form of exploring

STRATEGY #5- COMPROMISING

1. It is moderate in both assertiveness and cooperativeness.

Dispute Non-court Annexed

• Parties control the process.

IS THE PROCESS OF MEDIATION MANDATORY/ OBLIGATORY?

NO. Pursuant to the Principle of Party Autonomy and Self-

a. Confidentiality in the mediation process;

Non-Court Annexed Court-Annexed

• An Agreement to Submit a Dispute to Mediation By An Institution should include:

a. To be bound by the institution’s internal mediation and administrative policies; and

Cases subject to CAM

The following cases shall be referred to CAM:

Other Forms of ADR

Early Neutral Evaluation

Other Forms of ADR

Other Forms of ADR

RA 876- The Arbitration Law of 1958

An Act to Authorize the Making of Arbitration and Submission Agreements,

3. May include valuations, appraisals or other controversies which may be

2. It specified the form of the arbitration agreement

3. It provided the procedure in case one of the parties refused to cooperate or

EFFECTS OF VACATING AN AWARD

A domestic arbitral award is not self-executory. In order to convert the domestic

Arbitrator Selection Preliminary Hearing

Final Arbitration Post-Arbitration Hearing/ Mediation

5. Judicial Dispute Resolution (JDR)

Cases subject to JDR

• All cases which were not successfully settled in CAM;

CAM v. CRM v. JDR

Arbitration v. Mediation v. Conciliation

ALTERNATIVE DISPUTE RESOLUTION SYSTEM

Objectives and Benefits of the ADR

1. Speedy and impartial justice

1. Promotion of party autonomy and self-determination

Features of the ADR

o Bilateral – when there are 2 contending parties

As to number of issues, it could be simple or complex

o Simple – only one issue is involved

As to extent of the conclusion, it could be complete or partial

o Complete – all the issues involved are resolved

As to the pendency of a court case, it could be case related or independent

As to the applicable law, it could be domestic, international, or foreign

As to permanence, it could be ad hoc or institutional