CRIMINOLOGY 6 4. Queer theory- A growing body of research findings.

that challenges the heterosexual bias in Western

DISPUTE RESOLUTION AND CRISES/
INCIDENTS MANAGEMENT
Compiled by: ARIANNE PATAGNAN SUPAT
society.
5. Post-structural theory- Philosophical and literary
forms of theory that both build upon and reject ideas
established by structuralism

6. Theories of globalization and world systems

CHAPTER 1- DISPUTE RESOLUTION
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TOPIC #1- CONFLICT concerns of two people appear to be incompatible.

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 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”
Two Types of Conflict
Internal Conflict- Man vs. Self
External Conflict- Man vs. Man (others)
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- Kenneth
Thomas and Ralph Kilmann (Thomas – Kilmann
Instrument or more generally known as TKI Conflict
Strategies)
1. Avoiding
Unassertive and uncooperative.
Avoiding is when people just ignore or withdraw
from the conflict.
They choose this method when the discomfort of
confrontation exceeds the potential reward of
resolution of the conflict.
When conflict is avoided, nothing is resolved.

CONFLICT THEORIES- Karl Heinrich Marx (Marxist 2. Competing

Conflict Theory)
Tensions and conflicts arise when resources, status, and
power are unevenly distributed between groups in
society and that these conflicts become the engine for
social change.
The causes and consequences of class conflict between
the bourgeoisie (the owners of the means of production
and the capitalists) and the proletariat (the working
class and the poor).
Specific Forms of Conflict Theories
1. Feminist theory- An approach that recognizes
women's political, social, and economic equality to men.
Assertive and uncooperative.
An individual pursues his own concerns at the
other person’s expense.
Means “standing up for your rights,” defending a
position which you believe is correct, or simply
trying to win.
Used by people who go into a conflict planning to
win.
Competing might work in sports or war, but it’s
rarely a good strategy for group problem solving.
3. Accommodating

2. Critical race theory- A point of view that focuses on
inequality and conflict between people of different racial
and ethnic categories.
3. Postmodern theory - An approach that is critical of
modernism, with a mistrust of grand theories and
ideologies
4. Postcolonial theory- Is a body of thought primarily
concerned with accounting for the political, aesthetic,
economic, historical, and social impact of European
colonial rule around the world in the 18th through the
20th century.
Unassertive and cooperative—the opposite of
competing.
When accommodating, the individual neglects his
own concerns to satisfy the concerns of the
other person.
Like avoidance, it can result in unresolved issues.
4. Collaborating
It is both assertive and cooperative—the opposite of
avoiding.
 Collaborating involves an attempt to work with
others to find some solution that fully satisfies
their concerns.
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.
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.
Distinction Between Arbitration and Litigation
Arbitration Litigation

5. Compromising - Private and confidential - Public

It is moderate in both assertiveness and - Parties may select the - Parties cannot agree on
cooperativeness. arbitrator, unless the the presiding officer
parties fail to agree. because the judge is
The objective is to find some expedient, mutually raffled
acceptable solution that partially satisfies both
parties.
What is important is that
Means “splitting the difference” between the two the parties were given the
positions or seeking a quick middle ground solution. opportunity to agree on
the arbitrator.
Perceived as being fair, even if no one is
particularly happy with the outcome. - Parties can select the - Philippine law governs
governing law that will unless there is a choice
TOPIC #2- ALTERNATIVE DISPUTE RESOLUTION determine their of law stipulation in the
(RA 9285) AND ARBITRATION LAW (RA 876) substantive rights contract
DEFINITION OF TERMS
- Arbitration procedure - Rules of Court applies
depends on the
ADR System is any process of procedure used to
agreement
resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer
- Formal offer of evidence - Formal offer of
of a government agency, in which a neutral third party
is generally submitted at evidence is only
participates to assist in the resolution of issues, which
the beginning submitted at the end
includes:
- The venue of arbitration - As a rule, the Rules of
a. arbitration;
depends on the Court determine the
b. mediation;
agreement venue but it may also
c. conciliation;
d. early neutral evaluation; depend on the
e. mini-trial; agreement.
f. or any combination thereof.
- Submission to the - Submission to the
Arbitration is a voluntary dispute resolution process in process is consensual process is not
which one or more arbitrators, appointed in accordance consensual
with the agreement of the parties, or the rules, resolve a
dispute by rendering an award.
Claimant vs. Respondent
Court-Annexed Mediation is any mediation process Plaintiff vs. Defendant /
conducted under the auspices of the court, after such Petitioner vs.
court has acquired jurisdiction of the dispute. Respondent

Court-Referred Mediation is mediation ordered by a

court to be conducted in accordance with the Agreement Arbitrator
of the Parties when an action is prematurely commenced Judge
in violation of such agreement.

Early Neutral Evaluation is an ADR process wherein Stenographer

parties and their lawyers are brought together early in a Court Reporter
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 Award / Final Award /
substance of the dispute. Interim Award Judgment / Final
Judgment / Interlocutory
Mediation is a voluntary process in which a mediator, Order
selected by the disputing parties, facilitates
communication and negotiation, and assists the parties
in reaching a voluntary agreement. Application of ADR

Mediation-Arbitration or Med-Arb is a two-step dispute Exceptions:

resolution process involving both 
mediation and RA 9285 shall not apply to resolution or settlement of the
arbitration. following: LC-VAJ-FCC

Mini-trial is a structured dispute resolution method in 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.
Broad definition of ADR:
(a) It is a system;
(b) Using means and methods allowed by law and
approved by the parties;
(c) For the purpose of resolving or facilitating the
resolution of disputes and controversies
between them;
(d) In an expeditious and speedy manner;
(e) Without resorting to court adjudication.
Principles of ADR
1. Promotion of party autonomy and self-
determination
The parties have the freedom to choose the
form, procedure, practitioner, venue, and other
terms of the proceedings.
2. Recognition of ADR as an efficient tool and
an alternative procedure
As an alternative system, it does not altogether
do away with the trial system. It is a different,
separate, and independent means of settling
disputes.
3. Enlisting private sector participation
ADR calls on the services of third parties who do
not necessarily dispense public service.
Objectives and Benefits of the ADR
1. speedy and impartial justice
2. declogging of court dockets
Features of the ADR
1. ADR is a means used to resolve a dispute or
controversy.
A procedure that doesn’t lead to a final
conclusion and only serves for a temporary
cessation is not ADR.
2. ADR utilizes means and methods allowed by
law.
The ADR Law doesn’t limit the allowable forms.
Any form may be recognized as long as it is not
contrary to law, morals, good customs, public
order, and public policy.
3. ADR is contractual in nature.
The parties are free to agree on the procedure.
But in order to be a valid form of ADR, the 3
essential requisites of a contract (consent, object
certain, and cause) should be satisfied.
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.
Sources of ADR Rules
1. domestic laws and rules
2. acts of the Executive Branch
3. decisions of the Supreme Court
4. international laws
5. general principles of law and equity
Forms of ADR
A. Arbitration - It is a voluntary dispute resolution
process in which one or more arbitrators, appointed
in accordance with the agreement of the parties
resolve a dispute by rendering an award.
B. Mediation - It is 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
regarding a dispute.
Parties to a controversy are convinced by a mediator
to settle through a voluntary agreement called
“Mediated Settlement Agreement”.
C. Conciliation - It is the adjustment and settlement of a
dispute in a friendly, unantagonistic manner.
D. Early Neutral Evaluation - It 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 non-binding
assessment by an experienced, neutral person, with
expertise in the subject in the substance of the
dispute.
E. Mini-trial - It 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 party
after which the parties seek negotiated settlement.
F. Other Forms of ADR - Any arrangement agreed
upon by the parties that satisfies the requisites of
ADR. It must comply with the essential requisites of
a valid contract and must not be contrary to law,
morals, good customs, public order and public
policy. Agreements to resolve disputes based on the
outcome are equivalent to gambling and considered
void.
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
o (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 the ADR
1. contending parties
2. dispute or controversy
3. form of ADR
4. ADR provider or practitioner
Subject Matter of ADR
o General rule: All adversarial disputes and
controversies can be the subject matter
o Exceptions:
a. Civil status of persons
b. Validity of marriage or any ground for legal
separation
c. Jurisdiction of the courts
d. Future legitime
e. Criminal liability
f. Those which, by law, cannot be
compromised (e.g., Art 2035 of NCC, those
against public policy)
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
B. ADR Providers or Practitioners
By nature of their functions, the ADR practitioners act in
a quasi-judicial capacity.
Hence, as a general rule, their decisions are reviewable
in a special civil action for certiorari under Rule 65, on
the ground of grave abuse of discretion amounting to
lack or excess of jurisdiction.
But in domestic arbitration, the arbitral tribunal’s decision
to defer the resolution of the issue of its jurisdiction
cannot be challenged by a MR, appeal, or certiorari. The
remedy of the aggrieved party is to proceed with the
arbitration, and later on, once a final arbitral award has
been rendered, petition the court to set aside the award
on the ground that the tribunal exceeded its powers.
C. Preference for ADR
Even before the enactment of RA 9285, there is a clear
preference for ADR as seen in Art 2030 of the NCC,
which instructs the court to suspend the proceedings if it
is possible to settle the dispute using ADR.
Hence:
 Before or during pretrial, either party may file a
Motion to Refer the Parties to ADR.
 After pretrial, the parties may jointly file a Motion
to Suspend or Motion to Dismiss, to allow a
compromise agreement.
 In case a settlement agreement materializes,
either party may submit it to the court where the
action is pending, and move for its approval. It
will be approved if the court finds that it is not
contrary to law, morals, public policy, or public
order.
A. Salient Features of the ADR Law
1. Jurisdiction
An arbitral body, once constituted, has the power to
examine the question of its own competence.
2. Venue and Place
As a general rule, parties are free to agree in the place
or venue. In 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.
3. Court Involvement
The courts generally have a limited role in arbitration.
Exceptions:
a. Courts may grant interim and provisional reliefs
during the pendency of arbitral proceedings before
the arbitral is constituted or if the tribunal has no
power to act or is unable to act effectively.
b. The RTC could decide whether the arbitral tribunal
has jurisdiction after the arbitral tribunal has ruled
against the plea.
c. Recourse to a court against an arbitral award may
be made only by an application for setting aside
an award.
 d. Awards by foreign tribunals, must be filed in the
RTC for recognition and enforcement thereof in
accordance with the rules to be promulgated by
the Supreme Court. Once application is
confirmed, it shall be enforced in the same
manner as final and executory decisions of courts
of law in the Philippines.
4. Recognition and Enforcement of Awards
Compared to foreign judgments, 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.
E. Conclusion
The passing of RA 9285 signified the promotion of ADR,
but its implementation is still in its initial stage. ADR
methods are still considered as the road less traveled.
(The article was published in 2007.)
The reasons are:
 In the domestic setting, there is a lack of
awareness.
 In the international setting, the Philippines is not
yet equipped to be an effective venue for
international commercial arbitration because:
(1) the centers for ADR are still young and yet to
gain a strong foothold in the field; and
(2) the courts’ unbridled intervention prevents
the parties from choosing the Philippines as the
venue for arbitration.
Only when more parties support ADR and more courts
encourage its use can ADR be considered the “wave of
the future”.
MEDIATION
Definition
It is 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.
Scope
Chapter 2 of RA 9285 (on Mediation) covers voluntary
mediation, whether ad hoc or institutional, other than
court-annexed.
“Mediation” shall include conciliation.
Exclusions – The ADR Law does not cover the
following:
1. CAM
2. CRM
3. Conciliation conducted by the Pangkat
Tagapagkasundo
4. JDR
 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 may be:
a. Ad hoc; or
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.
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.
Stages in Mediation
1. Opening statement of the mediator
2. Individual narration by the parties
3. Exchange by the parties
4. Summary of the issues
5. Generalization and evaluation of options
6. Closure
But this process is not obligatory. 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.
Advantages of Mediation: Assurances under Section 8
of the RA 9285:
a. Confidentiality in the mediation process;
b. Prompt, economical, and amicable resolution of
disputes; and
c. The decision-making authority rests in the parties.
How is mediation closed and concluded?
Three ways:
a. By the parties’ execution of a settlement agreement
or compromise agreement;
b. By the withdrawal of any party from mediation; or
c. By the written declaration of the mediator that any
further effort at mediation would not be helpful.
Confidential and privileged nature of Mediation
communication
 All information obtained through mediation
proceedings is privileged and confidential in
character.
 The ADR Act guarantees and enforces this privilege
by:
a. Declaring certain information confidential and
therefore not capable of being disclosed; and
b. Declaring the information inadmissible in
evidence.
The ADR Act defines confidential information as: “any
information, relative to the subject of mediation or
arbitration, expressly intended by the source not to be
disclosed (expressly confidential), or obtained under
circumstances that would create a reasonable
expectation on behalf of the source that the information
shall not be disclosed (impliedly confidential).”
They include, but are not limited to, the following:
1. Communication, oral or written, made in a dispute
resolution proceedings, including any memoranda,
notes or work product of the neutral party or non-
party participant;
2. An oral or written statement made or which occurs
during mediation or for purposes of considering,
conducting, participating, initiating, continuing of
reconvening mediation or retaining a mediator; and
3. Pleadings, motions, manifestations, witness
statements, reports filed or submitted in arbitration or
for expert evaluation.
Legal effects of confidentiality:
1. A party, mediator, or non-party participant may
refuse to disclose or prevent another from disclosing
the information.
2. The information cannot be subject to discovery and
they are inadmissible in any adversarial proceeding.
3. The following persons involved in mediation cannot
be compelled to disclose:
a. Parties to the dispute
b. Mediator
c. Counsel for the parties
d. Non-party participants
e. Any person hired or engaged as secretary,
stenographer, clerk, or assistant
f. Any person who obtains or possesses
confidential information by reason of his
profession.
4. The protection will continue to apply even if a
mediator has failed to act impartially.
5. A mediator may not be called to testify to provide
information gathered in mediation.
What are the exceptions?
There is no privilege against disclosure if mediation
communication is:
1. in an agreement evidenced by a record
authenticated by all parties to the agreement;
2. available to the public or that is made during a
session of a mediation which is open, or is
required by law to be open, to the public;
3. a threat or statement of a plan to inflict bodily
injury or commit a crime of violence;
4. intentionally used to plan a crime, attempt to
commit, or commit a crime, or conceal an ongoing
crime or criminal activity;
5. sought or offered to prove or disprove abuse,
neglect, abandonment, or exploitation in a
proceeding in which a public agency is protecting
the interest of an individual protected by law; but
this exception does not apply where a child
protection matter is referred to mediation by a
court of a public agency participates in the child
protection mediation;
6. sought or offered to prove or disprove a claim or
complaint of professional misconduct or
malpractice filed against mediator in a proceeding;
or
7. sought or offered to prove of disprove a claim or
complaint of professional misconduct or
malpractice filed against a party, nonparty
participant, or representative of a party based on
conduct occurring during a mediation.
Moreover, there are also exceptions based on public
policy, when the need for the evidence substantially
outweighs the need for confidentiality, and the mediation
communication is offered in:
1. a court proceeding involving a crime or felony; or 

2. a proceeding to prove a claim or defense that is
sufficient to reform or avoid a 
liability on a contract
arising out of the mediation. 

The Mediator
 He is required to keep in utmost confidence all
confidential information, and to discuss its
confidentiality with the parties before the process.
 The mediator may not make a report, assessment,
evaluation, finding or other communication to a
court, agency or other authority making a ruling on a
dispute that is the subject of a mediation, except:
a. where the mediation occurred or has
terminated, or where a settlement was
reached; and
b. as permitted to be disclosed under the ADR
Law (Sec 13).
Operative Principles in Mediation1
Before accepting a request to serve as mediator, an
individual shall:
1. Make a reasonable inquiry to determine
whether there are any known facts likely to
affect his impartiality of the mediator, including
financial or personal interest in the outcome,
and any existing or past relationship with a
party or foreseeable participant; and
2. Disclose to the parties any such fact as soon as
is practical before accepting a mediation.
If such fact is learned after accepting mediation, the
mediator shall disclose it as soon as practicable.
At the request of a party, an individual who is requested
to serve as mediator shall disclose his/her qualifications
to mediate a dispute.
What are the qualifications of a mediator?
The ADR Act does not require special qualifications by
background or profession, unless required in the
mediation agreement or by the mediation parties.
Duties and Functions of a Mediator
1. Prior to the mediation
a. Competence – He should continually upgrade
his skills, make such skills and other
qualifications known to the parties. He should
only mediate if he knows he truly can.
b. Impartiality – Before accepting, he should make
an inquiry to make sure that he can mediate
without any bias or conflict of interest.
2. During the mediation
a. Confidentiality
b. Consent and self-determination – He should
ensure that the parties know that they are free
and able to make whatever choices they desire.
1ADR Act, Section 13. Mediator’s Disclosure and Conflict of
Interest.
 c. Promotion of respect and control of abuse – He
should encourage mutual respect and take steps
to limit the abuses of the mediation process.
3. No mediator or any member of a mediator’s
immediate family or his/her agent shall request,
solicit, receive or accept any gift or any type of
compensation other than the agreed fee and
expenses in connection with any matter coming
before the mediator.
Mediated Settlement Agreement
 It is the concluding document in a successful
mediation.
 It may also take the form of a Compromise
Agreement.
Operative principles under the Act:
1. The Mediated Settlement Agreement is prepared by
the parties, with the assistance of their respective
counsel, and by the mediator.
2. They shall endeavor to make the terms and
conditions complete and make adequate provisions
for the contingency of breach to avoid conflicting
interpretations of the agreement. 

3. The parties and their respective counsel shall sign
the settlement agreement.
4. The mediator shall certify that he/she explained its
contents in a language they know.
5. If the parties so desire, they may deposit the
settlement agreement with the appropriate Clerk of
the RTC where one of the parties resides.
6. Where there is a need to enforce the settlement
agreement, a petition may be filed by any of the
parties with the same RTC, in which case, the court
shall proceed summarily to hear the petition.
7. The parties may agree that the mediator shall
become a sole arbitrator for the dispute and shall
treat the settlement agreement as an arbitral award,
subject to RA 876.
Role of Counsel in Mediation
In AM 11-1-SC-PHILJA (2011), the Supreme Court
stated the role of lawyers in mediation as “adviser and
consultant to their clients, dropping the combative role in
the adjudicative process, and giving up their dominant
role in judicial trials. They must accept a less directive
role in order to allow the parties more opportunities to
craft their own agreement.”
Agencies that use ADR in the Philippines
1. Katarungang Pambarangay, where the Lupong
Tagapamayapa headed by the Barangay Captain
facilitates a two-step resolution. They go into
mediation first where there is a face-to-face
confrontation of the parties with the Barangay
Chairman who serves as mediator. If it succeeds,
they enter into an amicable settlement. If it fails,
they resort to conciliation which will be conducted
by the Pangkat Tagapagkasundo. If it succeeds,
an arbitral award will be granted.
2. Cooperative Development Authority (CDA)
where a legal officer is appointed to undertake the
resolution of disputes concerning cooperatives
and their activities.
3. Philippine Construction Industry Arbitration
Commission (CIAC), which handles cases
involving contractual claims within the
construction industry.
4. Department of Agrarian Reform Adjudication
Board (DARAB), which provides a forum for the
settlement of agrarian disputes. The case first
goes through mediation in the Barangay Agrarian
Reform Committee (BARC). If that fails, the case
is brought before the Provincial Adjudicator
(PARAD) for arbitration. The agreement entered
into with the BARC, or the award by the PARAD
will be entered as an Order by the DARAB.
5. Philippine Dispute Resolution Center, Inc.
(PDRCI), which was organized in 1996, is a
private non-stock, non-profit corporation, open to
the public at large, especially to those engaged in
business. Here, an accredited arbitrator or
arbitrator chosen by the parties conducts the
arbitration. All awards are final and executor.
Delay in compliance with the award is cognizable
by the courts.
6. National Conciliation and Mediation Board
(NCMB) created in 1987 through EO 126, is an
agency under DOLE, tasked to resolve certain
labor disputes involving unionized workers, such
as lock-outs and strikes, CBA deadlock, and
company policy interpretation. The process starts
with a conference. If the dispute isn’t settled there,
conciliation is conducted. If it fails again voluntary
arbitration is encouraged. If the parties don’t
choose arbitration, then it becomes cognizable by
the NLRC. The NCMB enforces its award via a
writ of execution if voluntary compliance is
breached, but it doesn’t really have a mechanism
to compel compliance.
7. National Labor Relations Commission (NLRC),
under the DOLE, tasked to settle disputes
concerning unfair labor practice, termination,
breach of labor standards, and others.
8. Bureau of Labor Relations (BLR), also under the
DOLE, concerned with resolving inter-union and
intra-union disputes, disputes in union
representation, cancellation of union registration,
etc.
9. Commission on the Settlement of Land
Problems (COSLAP), under the DOJ, created in
1979 through EO 561, is mandated to settle all
disputes involving land, whether urban or rural,
involving squatters, classification, release or
subdivision of lands, and other land problems of
grave importance like demolition. The dispute is
referred to a mediation committee. If that fails, trial
ensues for arbitration.
10. Insurance Commission is an independent quasi-
judicial body tasked with resolving disputes in the
insurance industry, like settlement of claims.
11. Bureau of Trade Regulation and Consumer
Protection (BTRCP) is a quasi-judicial agency
under the DTI tasked to investigate, arbitrate, and
resolve complaints from consumers involving
violations of the Consumer Act, like fraudulent
advertising, mislabeling, etc.
12. Court Annexed Pilot Mediation Project where
the courts to encourage litigants at the pretrial
stage to submit their dispute to
mediation/conciliation. Any agreement reached
therein would be the basis of the court decision.
OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
(OADR) (ADHEDAP)
Attached to the Department of Justice
Headed by an Executive Director
Appointed by the President of the Philippines
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 – shall be charged with the
formulation of effective standards for the training of
ADR practitioners; conduct of training in accordance
with such standards; issuance of certifications of training
to ADR practitioners and ADR service providers who
have undergone the professional training provided by
the OADR; and the coordination of the development,
implementation, monitoring and evaluation of
government and private sector ADR programs.
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. (Art. 2.4.,
IRR, RA 9285)
POWERS OF THE OADR
a. To act as appointing authority of mediators and
arbitrators when the parties agree in writing that it shall
be empowered to do so;
b. To conduct seminars, symposia, conferences and
other public fora and publish proceedings of said
activities and relevant materials/information that would
promote, develop and expand the use of ADR;
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;
d. To establish training programs for ADR
providers/practitioners, both in the public and private
sectors; and to undertake periodic and continuing
training programs for arbitration and mediation and
charge fees on participants. It may do so in conjunction
with or in cooperation with the IBP, private ADR
organizations, and local and foreign government offices
and agencies and international organizations;
e. To certify those who have successfully completed the
regular professional training programs provided by the
OADR;
f. To charge for services rendered such as, among
others, for training and certifications of ADR providers;
g. To accept donations, grants and other assistance
from local and foreign sources; and
h. To exercise such other powers as may be necessary
and proper to carry into effect the provisions of the ADR
Act. (Art. 2.2., IRR, RA 9285)
FUNCTIONS OF OADR
a. To promote, develop and expand the use of ADR in
the private and public sectors through information,
education and communication;
b. To monitor, study and evaluate the use of ADR by the
private and public sectors for purposes of, among
others, policy formulation;
c. To recommend to Congress needful statutory changes
to develop, strengthen and improve ADR practices in
accordance with international professional standards;
d. To make studies on and provide linkages for the
development, implementation, monitoring and evaluation
of government and private ADR programs and secure
information about their respective administrative
rules/procedures, problems encountered and how they
were resolved;
e. To compile and publish a list or roster of ADR
providers/practitioners, who have undergone training by
the OADR.
The list or roster shall include the addresses, contact
numbers, e-mail addresses, ADR service/s rendered
(e.g. arbitration, mediation) and experience in ADR of
the ADR providers/practitioners;
f. To compile a list or roster of foreign or international
ADR providers/practitioners.
g. To perform such other functions as may be assigned
to it. (Art. 2.3., IRR, RA 9285)
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 (ASRECC)
Appointed by Sec, DOJ
Recom by OADR Exec Dir
Chairman- they will choose among themselves
A representative from each of the following:
a. Mediation profession;
b. Arbitration profession;
c. ADR organizations;
d. IBP; and
e. Academe.
TOPIC #3 KATARUNGANG PAMBARANGAY LAW
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 defined:
The barangay, as 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
Punong Barangay
Seven (7) Sangguniang Barangay Members Sangguniang Kabataan A minimum of ten (10) and maximum of twenty (20)
Chairman members.
Barangay Secretary
Barangay Treasurer Who are qualified members of Lupon?

Manner of electing or appointing officials of Barangay
The Barangay officials shall be elected or appointed in the following
manner:
a. The Barangay Chairman shall be elected in an election called for
that purpose; and
Under the Philippine Constitution, the term of office of elective local
officials, except barangay officials, which shall be determined by law,
shall be three years and no such official shall serve for more than
three consecutive terms.
The term of office of barangay chairmen and Sangguniang Barangay
Members shall be five (5) years.
The lupong tagapamayapa shall be composed of Punong Barangay
as chairman and ten (10) to twenty (20) members. The qualifications
of the members are the following:
a. Actually residing or working in the barangay;
b. Not expressly disqualified by law; and
c. Possessing integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity.
After identifying the 10-20 members of the Lupon, what are the
next steps?
The Barangay Secretary, who is also the concurrent secretary of
Lupon, shall prepare a notice to constitute the Lupon using KP form
1.

b. The Barangay Secretary and Barangay Treasurer shall be
appointed by the Punong Barangay with concurrence of the majority
of all the Sangguniang Barangay Members. Their appointment shall
not be subject to attestation by the Civil Service
Duties of Barangay Secretary of the Lupon
Take Note: Such notice shall be posted in three (3) conspicuous
places in the barangay. Said notice shall contain an invitation to all
barangay members to
endorse or oppose the proposed appointment of any person/s
included in the list. The recommendation shall be made within the
period of posting for three weeks.

The Barangay Secretary shall concurrently serve as the secretary of
the Lupon. His duties are the following:
a. He shall record the results of the mediation proceedings before the
Punong Barangay and shall submit a report thereon to the proper city
or municipal courts;
b. He shall receive and keep the records of proceedings submitted to
him by various conciliation panels; and
Take Note: Within ten (10) days from completion of the posting
requirement, the Chairman shall appoint those he determines to be
the members of the Lupon using KP form 2. He must, however, take
into consideration any opposition to the proposed appointment.
Be noted further that the appointments shall be in writing, signed by
the Barangay Chairman, and attested by the Barangay Secretary.
The members of the Lupon shall serve for three (3) years.

c. He shall issue certified true copies of any public record in his

custody that is not by law otherwise declared confidential

Take Note: The word “concurrently” means at the same time.

(Aquino, 2005)

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 from
which the members of every Pangkat shall be chosen.

Who has the authority to constitute the Lupon?

The Punong Barangay can appoint the lupon members.

It is his/her exclusive prerogative — no need for approval,
confirmation or ratification of the sangguniang barangay.

Six (6) steps to Constitute a Lupon

STEP 1: Determining the actual number of Lupon

Members;
STEP 2: Preparing a notice to constitute the Lupon;
STEP 3: Posting the notice to constitute the Lupon;
STEP 4: Appointment of Lupon Members;
STEP 5: Oath taking of Lupon members;
STEP 6: Posting

When and how the Punong Barangay constitute the Lupon?

A notice to constitute the Lupon, which shall include the
names of the proposed members who have expressed their
willingness to serve, shall be prepared by the Barangay Chairman
within the first fifteen (15) days from the start of is term of office.

How many members should the Punong Barangay include in the

list?
 CHAPTER 2- CRISES/ INCIDENTS MANAGEMENT
REVISED PHILIPPINE NATIONAL POLICE
OPERATIONAL PROCEDURES- September 2021
Rule 4 Public Safety Operations
PNP CRITICAL INCIDENT MANAGEMENT
OPERATIONAL PROCEDURES (CIMOP)
As a matter of policy, human-induced (man-made)
critical incidents are the responsibilities of the National
and Local Peace and Order Council (NPOC) while
natural calamities and disasters are the responsibilities
of the National and
Local Disaster Risk Reduction and Management Council
(NDRRMC).
The PNP, being at the forefront of crisis situations, must
play an active role by organizing its own Critical Incident
Management Committee (CIMC) to support the NPOC
and NDRRMC.
The 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. All actions and decisions
taken by the CMC shall be within the policies laid down
by the corresponding Peace and Order Councils
(POCs).
The National POC (NPOC) Chaired by the Secretary of
Interior and Local Government (SILG) is 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. This
Council outlines its roles and responsibilities to threats to
peace and order.
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.
a. Types of Critical Incidents
1) Natural Calamity and Disaster
In the event of 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.
2) Human Induced Incidents
In the event of human induced incidents, the PNP shall
respond to two different situations:
a) To manage an incident that could be resolved by
ordinary police response without the involvement of the
Crisis Management Committee (CMC);
b) To 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.
Both actions of the PNP in either situation follow the ICS
operational procedures.
5Ps of Crisis Management:
Predict, Prevent, Prepare, Perform and Post-Action and
Assessment
b. Stages in Disaster Management
1) Pre - Disaster Stage - Pro-active Assessment
When there is no disaster or calamity:
a) Risk Mapping and identification of disaster-prone
areas;
b) Identification of staging areas, evacuation routes and
evacuation centers;
c) Disaster response drills, simulation exercises and
trainings for flood, earthquake, fire etc;
d) Meeting of regular Task Groups and Sub-Task
Groups
together with respective levels of the National Disaster
Risk Reduction and Management Councils;
e) Capability audit (manpower, machines, materials,
money and methods);
f) Awareness campaign through TRIMP; and
g) Community mobilization activities such as but not
limited to:
(1) Sewerage clean-up;
(2) De-clogging of waterways, canals, esteros; and
(3) Clearing of unauthorized structures in disaster
prone areas.
2) Disaster Response Stage - Disaster Incident
Management (Level 2 - Red)
When there is an impending natural calamity or when an
unexpected human-induced incident and natural
calamity occur:
a) Natural Calamity
(1) Activation of Disaster Incident Management Task
Groups (DIMTG);
(2) Coordination with NDRRMC to support its disaster
response;
(3) Employment of alarm and warning systems such as
the use of police sirens and other portable warning
systems capable of producing loud wailing sound;
(4) Pre-emptive evacuation of residents in affected areas
in coordination with concerned government agencies;
and
(5) Provision of security in calamity area and support
search, rescue and retrieval operation, evacuation
and emergency medical services in coordination with
concerned DRRMC.
b) Human Induced Incident
(1) Activation of Critical Incident Management Task
Group
(CIMTG);
(2) Coordination with NPOC-CMC or its equivalent to
support its crisis response;
(3) Evacuation of residents in the crisis area in
coordination with concerned government agencies; and
(4) Provision of security in crisis area and support
search, rescue and retrieval operation, evacuation and
emergency medical services in coordination with
concerned agencies.
3) Post-Disaster Stage - Support to Recovery and
Rehabilitation Efforts (Level 3- White)
a) Acquisition of Rapid Damage Assessment and Needs
Analysis (RDANA) reports from concerned Disaster Risk
Reduction and Management Council of the affected
areas;
b) Deployment of personnel for relief operations;
c) Provision of security and traffic assistance to returning
evacuees;
d) Submission of After Disaster Response Report to the
C, PNP copy furnished DRRMC; and
e) Deactivation of the DIMTG/ CIMTG when the situation
is already manageable in disaster-stricken area.
In the Management of the Dead and Missing Persons
(MDM) the PNP CL shall take the lead in identifying the
remains of victims during and after human-induced
disasters, while the NBI shall take the lead in the
identification of remains of victims during and after a
natural calamity.
c. Alert Levels During Human-Induced Critical
Incident
Terrorism and threat group alert level shall be
disseminated by TDI to all concerned offices based on
the information provided by NICA.
1) Level 1 (Low) – There is no information to suggest a
specific human-induced critical incident may occur.
2) Level 2 (Moderate) –Human-induced critical incident
is possible, but not likely.
3) Level 3 (High) – There is a strong possibility that
human-induced critical incident may occur within a short
period of time.
4) Level 4 (Extreme) – A human-induced critical
incident has just occurred or has just been pre-empted.
d. Incident Command System (ICS)
The ICS, provided under National Crisis Management
Core Manual, is structured on six major functional areas:
Command, Operations, Planning, Logistics, Finance,
Administration, and Intelligence/Investigation as an
optional seventh functional area that is activated on a
case-to-case basis.
On the enactment of Republic Act (RA) 10121, otherwise
known as the Philippine Disaster Risk Reduction and
Management (DRRM) Law, on May 27 2010, the
Philippine government took a proactive approach to
manage the disaster consequences and reduce disaster
risks by institutionalizing various mechanisms. Among
these is the ICS.
ICS is one of the flagship programs of the Office of the
Office of the Civil Defense (OCD). ICS has been
institutionalized as an on-scene, all-hazard incident
management concept introduced by the US Forest
Service that can be used by all DRRM Councils,
emergency management and response agencies. It is a
disaster response tool that coordinates the actions of all
response groups.
e. Organization and Structure of CIMC/CIMTG/DIMTG
In accordance with Executive Order NO. 82, series of
2012, CMCs shall be established at all levels specifically
to take decisive action in responding to and managing
human-induced crisis.
The local CMC, headed by the local chief executive as
the responsible officer (RO), designates the Incident
Commander (IC) whenever a particular crisis occurs. If
the LPU commander is designated as the IC, the CIMTG
shall be immediately activated to support the CMC.
1) The Crisis Management Committee (CMC)
The 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. All actions and decisions taken by the CMC
shall be within the policies laid down by the
corresponding POCs.
2) The PNP NHQ Critical Incident Management
Committee (PNP NHQ CIMC)
In support to the mandates of CMCs, the PNP NHQ shall
organize its CIMC with five sub-committees namely: sub-
committee on criminality, sub-committee on
destabilization, public disturbance and planned events,
sub-committee on terrorism and CBRNE, subcommittee
on public health hazards and sub- committee on natural
disasters. This Committee shall take cognizance of all
critical incidents, whether human-induced or natural
disaster, and shall supervise/oversee operations of
concerned offices/units to mitigate its effects on the
general populace. It is primarily concerned with the
implementation of policies and orchestration of PNP’s
force and resources and efforts towards the control and
mitigation of critical incidents. The NHQ CIMTG/DIMTG
shall also be activated and shall serve as a special
operating task group of the CIMC.
3) The Critical Incident Management Task Group
(CIMTG)
To carry out the mandates of the PNP CIMC on human-
induced (man-made) incidents, CIMTGs shall be
organized and replicated at the PRO/NCRPO (Regional)
level down to the PPO/CPO; CPS/MPS (City/Municipal)
level following the ICS structure.
The IC shall be designated by the Chairman, CMC and
CIMTG to be complemented by the Officers of the
Office/unit who has functional staff functions in the
organization.
At the Regional/Provincial/City/Municipal level, the PNPs
response to any crisis will be to activate the CIMTG for
human-induced incident and the DIMTG for natural
disaster. The Regional Director/Provincial/City
Director/COP shall have the authority to activate the
CIMTG or DIMTG.
The following are considered as human-induced critical
incidents:
a) Abduction involving prominent personalities such as
national and local government officials, foreign nationals
(diplomats, ambassadors, consuls, attaches, foreign
tourists), religious leaders from various religious
congregations, and other personalities whose
involvement in incidents may result in controversies;
b) Attacks on vital installations, communities, and
prominent personalities;
c) Jailbreaks;
d) Heinous crimes like assassination, ambush involving
prominent personalities;
e) Robbery hold-up, armored van robbery, and bank
robbery perpetrated by syndicated groups;
f) Election –Related Violent Incident (ERV);
g) Major Events (International and National);
h) Terrorism;
i) Conflagration Incidents;
j) Major Road Accidents;
k) Mass Transport Accidents;
l) Aircraft Hijackings;
m) Sea Mishaps;
n) Bombings;
o) Indiscriminate active shooting;
p) Mass actions;
q) Mass poisoning;
r) Drone attack;
s) Gas leaks;
t) Nuclear and Radiation Accidents;
u) Chemical Disaster;
v) Biological Disaster;
w) Cyber-attacks;
x) Epidemic;
y) Pandemic;
z) Stampede;
aa) Industrial Accident;
bb) Oil spills; and
cc) Other similar human-induced critical incidents that
may result in human casualties and/or mass destruction
of properties and environment.

4) Disaster Incident Management Task Group
(DIMTG)
A DIMTG shall also be established and shall serve as a
special operating task group of the PNP Sub-Committee
on Disaster Management (SCDM) and assist the PRO
DIMTG as the Chairman/Task Coordinator, PNP SCDM
may direct. The NHQ PNP shall be composed of the
NSUs to be headed by the Director, PNP Special Action
Force (SAF) as Task Group Commander with the
Deputy Director of PCRG as the Deputy Task Group
Commander.
DIMTGs shall also be activated at the
PRO/PPO/CPO/CPS/MPS level depending on the
affected area. As a matter of rule, a Regional DIMTG
shall be activated if two or more provinces/cities are
affected by disaster, a Provincial DIMTG shall be
activated if two or more municipalities are affected, and
a Municipal DIMTG shall be activated if two or more
barangays are affected (LOI 35/10 “SAKLOLO
REVISED”).
The following are considered natural disaster incidents:
a) Floods;
b) Landslides;
c) Volcanic Eruption;
d) Earthquake;
e) Tidal Wave;
f) Tsunami;
g) Storm surge;
h) Forest fire;
i) Drought;
j) Meteorite impact;
k) Tornado; and
l) Other natural hazards that may lead to colossal loss of
property and lives.
f. The Escalation Protocols
The responsibility of addressing crisis can be transferred
if the increasing needs in handling the incident are
beyond the capability of the established CIMTG or
DIMTG, or if there is jurisdictional change, when the
incident moves location or area of responsibility crosses
boundaries. The transfer of responsibility during a crisis
must always include a transfer of command briefing
which may be oral, written or combination of both.
HOSTAGE SITUATION
In handling hostage situations, the following guidelines
and procedures shall be undertaken:
a. First Responders (FR)
1) Secure the incident scene and establish perimeter
security.
2) Give situation update to concerned TOC and inform
the Hostage Negotiation Team (HNT) for possible
deployment.
3) Do not allow unauthorized persons at the incident
scene.
4) Gather information about the hostage-taker and
hostage(s) from witnesses.
5) Re-route traffic flow (if necessary).
6) Evacuate all persons within the vicinity of the incident
scene.
7) Clear areas for use of other responders.
8) Establish Advanced Command Post (ACP).
9) Initiate contact with the hostage-taker through any
available means.
10) If the situation becomes volatile, request for
deployment of HNT. However, at any given time, if the
hostage-taker is neutralized, the HNT may no longer be
necessary.
11) Brief the TL, HNT of the situation and turn-over the
conduct of negotiation.
12) Stay at the incident scene to maintain security,
crowd and traffic control, preserve evidence and take
custody of witnesses.
b. Incident Commander (IC)
There shall be only one IC holding at least a senior rank
and/or one with experience in hostage/crisis situation or
relative training. Until such time that he/she officially
designates a spokesperson, he/she may issue
appropriate press statements and continue to perform
the role of the spokesperson.
1) The IC shall, upon assessment of the situation,
prepare necessary plans including but not limited to
the following:
a) Emergency Response Plan - depends on the threat
posed by the hostage-takers and need of the HNT and
IC.
b) Breakout Plan - possibility of breakout shall be
considered immediately upon drawing up of negotiation
strategy. This should be considered as one of the priority
plans.
c) Delivery Plan - in case the hostage-takers change
plans in the middle of the execution.
d) Surrender Plan - shall be drawn up in a way that the
Hostages’ lives will not be jeopardized.
e) Hostage Reception/Release - for security reasons,
released hostages shall be contained and isolated.
f) Collection Plan - safety of the police personnel
involved is the priority consideration.
2) In handling hostage situations, the IC shall be
guided by the following courses of actions:
a) Negotiate
(1) Situation must be stabilized first before the start of
the
negotiation.
(2) All attempts to negotiate must be done by remote
means.
(3) Adherence to the basic policy on safety of the
hostage
shall be paramount.
(4) Do not allow outsiders (non-law enforcement officers)
into the negotiation process, unless their presence is
extremely necessary in the solution of the crisis. If so,
they shall be properly advised on the Do’s and Don’ts of
the hostage negotiation.
(5) Provide relevant information to the tactical teams.
(6) All communication with the hostage-taker must be
secured and protected.
(7) Always adhere to the ethics of negotiation.
b) Arrest
(1) Effect the arrest of the hostage-taker when situation
warrants.

(2) Restrain the hostage-taker and conduct thorough
search on his/her body and the immediate vicinity of
the incident scene.
(3) Inform the arrested person of the circumstances of
his/
her arrest, and recite the Miranda warning, and
antitorture warning.
(4) All evidence must be secured and properly
documented.
(5) Use reasonable force in arresting the hostage-taker.
(6) Facilitate the transport of the hostage-taker to the
nearest police station.
c) Tactical assault
(1) It may be resorted to if the hostage-taker poses
imminent danger of causing death or injury to the
negotiator or hostage.
(2) When all peaceful means were utilized and failed
and the hostage-taker is determined to become more
violent.
(3) When peaceful resolution of the incident becomes
impossible.
c. Hostage Negotiation Team (HNT)
Negotiators shall be designated by IC. No one shall be
allowed to talk to the hostage-taker without clearance
from the Negotiator or IC. The HNT is directly under the
control and supervision of the IC. The HNT consists of
the team leader/coordinator, primary negotiator,
secondary negotiator, intelligence liaison/recorder and
board negotiator. The HNT shall:
1) Set-up Negotiation Operation Center (NOC);
2) Initiate contact with the hostage-taker and obtain
other information;
3) Give updates to the IC and brief him/her of the current
situation;
4) Evaluate the necessity of resorting to other option
without compromising the safety of the hostage(s);
5) Recommend for activation of CMC and deployment of
CIMTG as necessary;
6) Facilitate all deliveries, hostage receptions, and
release and possible surrender of hostage-taker; and
7) Attend to all meetings called by the CMC or IC.
d. 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.
e. Crowd Control
A crowd control team shall be deployed to manage and
control the crowd and augment the first responders in
securing the perimeter.
f. Support Personnel
Support personnel shall include those in charge of
managing traffic, firefighting, providing medical
emergency assistance, crime scene processing and
rescue.
g. 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 AND BOMB INCIDENT EMERGENCY
RESPONSE
a. Procedures for FR Upon Receipt of Any Bomb
Threat:
1) Treat all threats as serious until proven otherwise;
2) Determine the exact location of the establishment
under threat;
3) Proceed immediately to the scene;
4) Coordinate with the security manager or
administrator;
5) Conduct visual search in the area and isolate the
specific place, if necessary, when a suspicious item is
located without causing panic;
6) Alert EODT/K9;
7) Notify HHQ of any development and continue giving
updates;
8) Brief the EOD/K9 team upon arrival and assist if
necessary; and
9) Provide security at the scene until such time when the
EOD/K9 team declares the area is cleared of any
incendiaries or explosives.
b. Procedures for FR if a suspected item is found
and the EOD/K9 recommended an evacuation from
the affected area.
1) Coordinate with the management or administrator to
identify the safety areas for evacuation;
2) Assist in the evacuation of people without causing
panic while the EOD/K9 conducts panelling procedures;
3) Cordon the isolated area to prevent entry of
unauthorized persons; and
4) Coordinate with the management once the EOD/K9
declares the area as cleared and assist the people in
resuming their businesses.
c. 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;
d. 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 for the following:
(1) Summon ambulance, fire trucks and SOCO
team to the scene and other resources as
may be determined;
(2) Request for deployment of additional police
personnel to establish traffic control, crowd
control and security;
2) Upon arrival at the scene:
a) Cordon the area at least 150 meters from the
location of explosion;
b) Assist in the immediate evacuation of the injured if
possible;
c) Direct occupants of the establishment to evacuate;
d) Maintain order and crowd control;
e) Seal off location until the EOD/K9 team determines
if a secondary device exists;
f) Conduct rescue operations at the scene upon
clearance of the EOD/K9 team;
g) Assist the Post-Blast Investigation (PBI) team and
SOCO team upon clearance from the EOD/K9 team;
h) Submit initial incident report immediately with the
following information:
(1) Time when the call for bomb threat was
received;
(2) Time of detonation/explosion; and
(3) Description of type of device.
i) Identify any witnesses and bring them to the
nearest police station to obtain their statement;
j) Avoid issuing “speculative” press releases or
statements;
k) Ensure cooperation with the IOC.
CIVIL DISTURBANCE MANAGEMENT (CDM)
OPERATIONS
a. General Guidelines
The PNP units tasked to maintain peace and
order shall not interfere with the holding of public
assembly. To ensure public safety, a CDM contingent
under the command of a PCO shall be detailed and
stationed at least 100 meters away from the place
where the public assembly is being held (Batas
Pambansa 880 sec. 9). In the absence of any permit
from the LGU concerned, the PCO in command
should exert effort in persuading the demonstrators to
disperse peacefully and vacate the public place.
In lightning rallies or demonstrations, the Ground
Commander shall exhaust efforts through dialogue
with the leaders/organizers for voluntary dispersal. In
case of failure, orderly dispersal, to include
apprehension of those responsible, shall be resorted
to. Maximum tolerance must always be exercised
(Batas Pambansa 880 sec. 10).
b. Specific Guidelines
When assistance is requested by the
leaders/organizers, it shall be imperative for the CDM
contingent to perform their duties while observing the
rights of demonstrators. Further, 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, as well as their deployment and
employment, 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 to the CDM
contingents as the need arises.
c. CDM Operational Tasks
1) Isolate the area;
2) Secure likely targets;
3) Control the crowds;
4) Establish area control; and
5) Arrest violators.
d. CDM Operational Approaches
1) The commitment of a CDM contingent must be
viewed as a last resort. Their role, therefore, should
never be greater than what is necessary under the
circumstances. This does not mean though that the
number of troops employed should be minimized.
Doubts concerning the number of troops required
should normally be resolved in favor of deploying a
large number as it may prevent the development of
situations in which the use of force would be
necessary. A large reserve of troops should be
maintained during civil disturbance operations.
2) In selecting an operational approach to a civil
disturbance situation, the Ground Commander and
his/her personnel must adhere to the procedures in
Force Continuum in Chapter 2 Section 2-4 of this POP.
3) Efforts should be exerted to create the image of a
restrained and well-disciplined force, the sole purpose
of which is to assist in the restoration of law and order.
Further, while CDM contingent should be visible, any
activity which might excite rather than calm the
situation should be avoided when possible.
4) Consistent with the controlling principle “that he/she
must use the minimum necessary force to accomplish
his/her mission”, the Ground Commander shall equip
the CDM contingent only with rattan
sticks/truncheons/batons, shields, kevlar helmets and
handcuffs.
5) In situations requiring the use of batons/truncheons,
only target fleshy parts of the body such as arms,
torso, legs, and thighs. Hitting protesters with the baton
or truncheon on the head, face, neck, shoulder blades,
elbows, fingers, groins, knees, and ankles must be
avoided since strikes to these parts may cause serious
to
permanent injuries, or even death.

6) Arrested protesters must be restrained, handcuffed
and brought safely to the police station for processing.
7) In any CDM deployment, there should be trained
and equipped female CDM personnel.
PUBLIC ASSEMBLY
a. Policies
1) The PNP adheres to the Code of Conduct for Law
Enforcement Officials adopted by the General Assembly
of the United Nations that requires law enforcement
officials to respect and protect human dignity, maintain
and uphold the human rights of all persons, and limit the
use of force to situations where it is strictly necessary
and to the extent required for the performance of their
duty.
2) Public assemblies held in freedom parks or on private
property do not need a permit for the activity.
3) The PNP shall provide police assistance only when
requested by the leaders or organizers for maintenance
of peace and order or to ensure the safety of those
participating in the public assemblies held in freedom
parks or on private property.
4) A public assembly held in a public place must have a
permit from the mayor of the city or municipality
exercising jurisdiction over the place where it will be
held.
5) A public assembly held with or without a permit may
be peacefully dispersed. A public assembly with a permit
may be dispersed if the same is being held in violation of
the terms and conditions imposed in the permit. In both
cases, before conducting any dispersal operation, the
PNP shall notify the concerned organizers and leaders
of the public assembly.
6) Lightning demonstrations or rallies in areas where
public assembly is prohibited shall be dispersed
peacefully. However, should any of the participants
refuse to disperse voluntarily or violate any law or
ordinance during an unauthorized public assembly, they
shall be taken into police custody and be charged
accordingly.
7) Ground Commanders are responsible in determining
whether there is a permit for the holding of the public
assembly.
8) Close coordination with the mayor of the city or
municipality, or his/her representative, where the public
assembly is being held should always be maintained
especially when a permit has not been issued but an
application has been filed prior to the holding of the
public assembly.
9) Lightning demonstrations or rallies in areas where
public assembly is prohibited shall be dispersed
peacefully..
b. Police Responses
The following are the police responses during the
planning stage, initial and peaceful stage, confrontational
stage, violent stage and post operation stage:
1) During Planning Stage
a) Initiate dialogue with the leaders/organizers to ensure
the peaceful holding of a public assembly, including
among others, the detail of police personnel providing
security in the area.
b) Prepare appropriate security and CDM contingency
plans.
2) 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. However, to adequately ensure
public safety, 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
(1) As soon as it becomes apparent that an
assembly is being held in a public place, the Ground
Commander shall immediately conduct an inquiry
whether the assembly is covered with a permit or not. If
a permit could not be shown, verification should
immediately be done with the Office of the Mayor having
jurisdiction over the place where the public assembly is
being held. Should the Office of the Mayor confirm that a
permit has not been issued, the leaders/organizers shall
be informed of the fact that they are violating the law and
will be asked to disperse peacefully.
(2) The PNP shall exhaust all peaceful remedies
to persuade the demonstrators to disperse. This may
include the involvement of Local Chief Executives
(LCE)/community leaders when available to intervene in
the situation so that dispersal operations could be
avoided.
(3) Should negotiation fail and the demonstrators
refuse to disperse voluntarily and peacefully, thereby
causing public inconvenience, 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.
3) 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, the Ground
Commander shall call the attention of the
leaders/organizers of the public assembly and ask the
latter to prevent any possible disturbance. CDM
contingents shall hold the line to prevent demonstrators
from proceeding to other areas where the holding of a
public assembly is prohibited.
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, or at any
property causing damage to it, the Ground Commander
shall audibly warn the participants that if the disturbance
persists, the public assembly will be dispersed;
c) If the violence or disturbance does not stop, the
Ground
Commander shall audibly issue a warning to the
participants of the public assembly, and after allowing a
reasonable period of time to lapse, shall immediately
order it to disperse.
With the use of CDM formations, the rank of
demonstrators shall be disbanded, contained, and
isolated from each other, and should be prevented from
regrouping.
d) Water cannons and riot sticks may be used to repel
aggression and to disperse demonstrators and reserve
CDM contingents may be employed when situation
requires.
e) No arrest of any leader, organizer or participant shall
be made unless he/she violates a law, statute, or
ordinance during the assembly.
4) 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.
5) 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.
c. Dispersal of Public Assembly with Permit
All public assemblies with permits shall not be
dispersed. However, when an assembly becomes
violent, the police may disperse such public assembly in
the following manner:
1) At the first sign of impending violence, the Ground
Commander of the PNP contingent shall call the
attention of the leaders of the public assembly and ask
the latter to prevent any possible disturbance;
2) If actual violence reaches a point where rocks or
other harmful objects from the participants are thrown
at the police officers or at the non-participants, or at
any property, causing damage to it, the Ground
Commander of the PNP contingent shall audibly warn
the participants that if the disturbance persists, the
public assembly
will be dispersed;
3) If the violence or disturbance does not stop, the
Ground Commander of the PNP contingent shall
audibly issue a warning to the participants of the public
assembly, and after allowing a reasonable period of
time to lapse, he shall immediately order it to disperse;
and
4) No arrest of any leader, organizer or participant shall
be made unless he violates during the assembly a law,
statute, or ordinance.
d. Dispersal of Public Assembly Without Permit
When the public assembly is held without a permit where
a permit is required, the said public assembly may be
peacefully dispersed. However, when the leaders or
organizers of public assembly can show an application
for permit duly filed at the Office of the Mayor which has
jurisdiction over the place where the rally will be held, at
least five days prior to the intended activity and the
Mayor did not act on the same, the grant of the permit
being then presumed under the law, and it will be the
burden of the authorities to show that there has been a
denial of the application, in which case, the rally may be
peacefully dispersed following the procedure of
maximum tolerance
prescribed by law.
e. 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 in violation of paragraph “d” of this Rule;
4) 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.
f. Guidelines in dealing with Assemblies, Rallies,
Demonstrations and Marches
1) To ensure the protection, safety and welfare of the
public and demonstrators as well, the following must be
observed:
a) Confined Assemblies in Private Property (churches,
schools, etc.)
(1) Initiate the conduct of dialogue with the leaders/
organizers.
(2) Secure and maintain order within the perimeter.
b) Confined Assemblies in Freedom Parks
(1) Initiate the conduct of dialogue with the leaders/
organizers.
(2) Secure and contain the area within the limits of
the permit to ensure the orderly and peaceful
conduct of the assembly.
c) Mobile Assemblies in a Private Area
(1) Initiate the conduct of dialogue with the leaders/
organizers.
(2) Secure and maintain order within the perimeter.
d) Marches and Motorcades along Public
Thoroughfares
(1) Initiate the conduct of dialogue with the leaders/
organizers.
(2) Request for the permit from the
leaders/organizers if the local ordinance of the area
requires one.
(3) Ensure the orderly and peaceful conduct of the
marches and motorcades to ensure public safety
and to prevent compromise of public convenience.
2) There shall always be a designated Ground
Commander at the rally site;
3) If necessary, provide a medical team to extend
assistance; and

4) All CDM operations shall be properly documented

with video and photo coverage;

Sources:

A Self-learning Module for BS Criminology by Prof.

Carmen

Alternative Dispute Resolution Notes based on Judge J.

Humiding’s Outline, 2018

Revised Philippine National Police Operational

Procedures, September 2021