Wesleyan University-Philippines-Aurora

Maria Aurora, Aurora 3202

College of Criminal Justice Education
Dispute Resolution and Crises/Incidents Management (CRIM6)
Prepared by; Melvin R. Hugo, MSCrim, RCrim

LESSON 1
Learning objectives:
At the end of this chapter, the students will be able to:
1. Explain the meaning of Dispute Resolution ;
2. Describe and identify the different Alternative Dispute Resolution System in the
Philippines
3. Define Labor Dispute
4. Explain the importance of Collective Bargaining Agreement
5. Describe and Enumerate the PNP General Policy and Guidelines on Labor Disputes

Introduction
In the Philippines, we are one of the very fortunate in terms of justice system and
processes. Why? We are allowed by law and by custom to choose from different options to
resolve our conflicts.

It can be observed that the three sets of justice system namely; the Barangay justice
system which admits or serve as an alternative justice for easy and or summary resolution of
disputes. Outside of it, when a resolution was not met, then it can pass on to the regular or
mainstream justice process after a certification of non-resolution passed by the LUPON.
Another distinct justice system is the existence of several tribal or indigenous justice systems
which the law on Indigenous Peoples Rights Act (IPRA) recognized as binding agreement of
parties in dispute.

We can also gleaned that our Philippine justices system is both restorative and
retributive in the sense that it allows resolution of disputes by parties through mediation and
arbitration where claims and penalties can be waived or lessen depending on the agreement of
the parties in dispute. Under the spirit of the alternative dispute resolution (ADR), the parties
will make amends with their conflict and come again as close friends as if nothing happened.

Our justice system may be considered as retributive as gleaned from the regular or
mainstream justice system were all crimes have corresponding penalties attached to it as
means of reparation and or retribution to the affected party. Nevertheless, within the regular
process, there are stages where it allows the dispute to be resolved amicably; these are
manifestation of restorative processes.

Dispute Resolution
In the Philippines disputes are resolved in various ways where the objective is to come
up with a win-win situation and restore the peace between the parties.
Is one of the functions of a sound political system. It refers to a number of processes
used to resolve a dispute between parties.
A dispute is a disagreement, argument, or controversy; that gives rise to a legal
proceeding such as Arbitration, Mediation, or a lawsuit. There are many types of disputes,
examples include: family, neighborhood, employment, business, housing, personal injury,
securities, consumer, and environmental disputes.
VOCABULARY
a. Justice. Refers to giving what is due to anybody, preservation and respecting the
rights accorded by law to anybody.
b. Justice system. By operation, it means the processes and procedures to be observed
in the verification and investigation of any untoward acts committed by somebody that
tarnishes the rights of somebody in order to determine what is due to be awarded to the
affected person.
c. Alternative dispute resolution. This refers to any action sanctioned by law to
resolve a dispute in a manner that is immediate and inexpensive, with an end in view of
restoring peace between two affected parties.
d. Arbitration agreement. Shall mean an agreement by the parties to submit to one or
more arbitrators the resolution of all or certain civil disputes which have arisen or which may
arise in respect of a defined legal relationship (whether contractual or not) and to abide by their
award (hereinafter referred to as "arbitral award").
e. Arbitral tribunal. Shall mean a sole arbitrator or a panel of two or more arbitrators,
who, based on an arbitration agreement, conduct proceedings and make an arbitral award in
respect of civil disputes subject thereto.
f. Written statement. Shall mean a document that a party prepares and submits to an
arbitral tribunal in arbitral proceedings and which states the case of that party.
g. The head of the Barangay. Referring to the chairman of a barangay duly elected by
its constituents, he held executive authority over the barangay and uses his authority to
promote the welfare of the barangay as a whole.
h. Sangguniang Pambarangay. Refers to the barangay legislative body tasked with
develops ordinances to regulate the affairs of the barangay.
i. Lupong Tagapamayapa. A pangkat (group) duly organized by the Punong Barangay
to arbitrate of certain complaints that were not successfully resolved under the mediation of
the punong barangay.
j. Lupong Tagapagkasundo. A special body constituted by the Punong Barangay
through the selection of parties to a dispute that will serve as a go between or act as mediators
for the speedy resolution of the dispute not successfully resolved by the Lupong Tagapayapa.
k. Barangay. Refers not only to barrios which were declared barangays by virtue of
Presidential Decree No. 557 but also to barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.
1. Barangay Captain. Refers to the Barangay Captains of the barrios which declared
barangay by virtue of Presidential Decree No. 557 and to the Chairmen of barangays otherwise
known as citizens assemblies pursuant to Presidential Decree No. 86.

Types of Dispute Resolution

1. Litigation- refers to the process of resolving disputes by filing or answering a complaint

through the public court system. 132 It is the most familiar type of dispute resolution;
civil litigation typically involves a defendant facing off against a plaintiff before either a
judge or a judge and jury.
2. Alternative Dispute Resolution- refers to the procedure for settling disputes without
litigation, such as arbitration, mediation, or negotiation.

Alternative Dispute Resolution in the Philippines

 Any method of resolving disputes other than by litigation. (Abbreviated as ADR) Public
courts may be asked to review the validity of ADR methods, but they will rarely overturn
ADR decisions and awards if the disputing parties formed a valid contract to abide by
them. Arbitration and mediation are the two major forms of ADR. This relates to civil
form of justice where the agreement of the parties is binding between them and should
be recognized by law.
OVERVIEW

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes

outside of the courtroom. ADR typically includes early neutral evaluation, negotiation,
conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation,
and time delays continue to plague litigants, more states have begun experimenting with ADR
programs. Some of these programs are voluntary; others are mandatory. While the two most
common forms of ADR are arbitration and mediation, negotiation is almost always attempted
first to resolve a dispute. It is the preeminent mode of dispute resolution. 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.

Mediation is also an informal alternative to litigation. Mediators are individuals trained

in negotiations, which bring opposing parties together and attempt to work out a settlement or
agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types
ranging from juvenile felonies to national government negotiations. Mediation has also become
a significant method for resolving disputes between investors and their stock brokers.

Pertinent Provisions of the ADR law

 Republic Act No. 9285, April 2, 2004, an act to institutionalize the use of an alternative
dispute resolution system in the Philippines and to establish the office for alternative
dispute resolution, and for other purposes. Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:

GENERAL PROVISIONS

 SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to make their own arrangements to
resolve the disputes. Towards this end, the State shall encourage and actively promote the use of
Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and
declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an
alternative procedure the resolution of appropriate cases. Likewise, the State shall enlist active private
sector participation in the settlement of disputes through ADR. This Act shall be without prejudice to the
adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any
combination thereof as a means of achieving speedy and efficient means of resolving cases pending before
all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from
time to time.

MEDIATION
 SEC. 7. Scope. The provisions of this Chapter shall cover voluntary mediation, whether ad hoc or
institutional, other than court-annexed. The term "mediation' shall include conciliation.
 SEC. 8. Application and Interpretation. In applying construing the provisions of this Chapter,
consideration must be given to the need to promote can or parties and mediators through confidentiality of
the mediation process, the policy of fostering prompt, economical, and amicable resolution of disputes in
accordance with the principles of integrity of determination by the parties, and the policy that the decision-
making authority in the mediation process rests with the parties.
 SEC. 9. Confidentiality of Information. Information obtained through mediation proceedings shall be
subject to the following principles and guidelines:
 a) Information obtained through mediation shall be privileged and confidential.
 b) A party, a mediator, or a non-party participant may refuse to disclose and may prevent any other
person from disclosing a mediation communication.
 c) Confidential Information shall not be subject to discovery and shall be inadmissible if any adversarial
proceeding, whether judicial or quasi- judicial, However, evidence or information that is otherwise
 admissible or subject to discovery does not become inadmissible or protected from discovery solely by
reason of its use in a mediation.
 d) In such an adversarial proceeding, the following persons involved or previously involved in mediation
may not be compelled to disclose confidential information obtained during mediation:
 1) The parties to the dispute;
 2) The mediator or mediators;
 3) The counsel for the parties;
 4) The non-party participants;
 5) Any persons hired or engaged in connection with the mediation as secretary, stenographer, clerk or
assistant; and
 6) Any other person who obtains or possesses confidential information by reason of his/her profession.
 e) The protections of this Act shall continue to apply even of a mediator is found to have failed to act
impartially.
 f) A mediator may not be called to testify to provide information gathered in mediation. A mediator who
is wrongfully subpoenaed shall be reimbursed the full cost of his attorney's fees and related expenses.
 SEC. 10. Waiver of Confidentiality. A privilege arising from the confidentiality of information may be
waived in a record, or orally during a proceeding by the mediator and the mediation parties. A privilege
arising from the confidentiality of information may likewise be waived by a non-party participant if the
information is provided by such non-party participant.
 A person who discloses confidential information shall be precluded from asserting the privilege under
Section 9 of this Chapter to bar disclosure of the rest of the information necessary to a complete
understanding of the previously disclosed information. If a person suffers loss or damages in a judicial
proceeding against the person who made the disclosure. A person who discloses or makes a representation
about a mediation is preclude from asserting the privilege under Section 9, to the extent that the
communication prejudices another person in the proceeding and it is necessary for the person prejudiced to
respond to the representation of disclosure.
 SEC. 11. Exceptions to Privilege.
 a) There is no privilege against disclosure under Section 9 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) Internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an on-going 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 or 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 or disprove a claim of complaint of professional misconduct of malpractice
filed against a party, non-party participant, or representative of a party based on conduct occurring during
mediation.
 b) There is no privilege under Section 9 if a court or administrative agency, finds, after a hearing in court,
that the party seeking discovery of the proponent of the evidence has shown that the evidence is not
otherwise available, that there is a need for the evidence that substantially outweighs the interest in
protecting confidentiality, and the mediation communication is sought or offered in:
 1) A court proceeding involving a crime or felony; or
 2) A proceeding to prove a claim or defense that under the law is sufficient to reform or avoid a liability on
a contract arising out of the mediation.
 c) A mediator may not be compelled to provide evidence of a mediation communication or testify in such
proceeding.
 d) If a mediation communication is not privileged under an exception in subsection (a) or (b), only the
portion of the communication necessary for the application of the exception for nondisclosure may be
admitted. The admission of particular evidence for the limited purpose of an exception does not render that
evidence, or any other mediation communication, admissible for any other purpose.
  SEC. 12. Prohibited Mediator Reports. A mediator may not make a report, assessment, evaluation,
recommendation, finding, or other communication regarding a mediation to a court or agency or other
subject of a mediation, except:
 a) Where the mediation occurred or has terminated or where a settlement was reached.
 b) As permitted to be disclosed under Section 13 of this Chapter.
 SEC. 13. Mediator's Disclosure and Conflict of Interest. The mediation shall be guided by the following
operative principles:
 a) Before accepting mediation, an individual who is requested to serve as a mediator shall:
 1) Make an inquiry that is reasonable under the circumstances to determinate whether there are any known
facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including
a financial or personal interest in the outcome of the mediation and any existing or past relationship with a
party or foreseeable participant in the mediation; and
 2) Disclosure to the mediation parties any such fact known or learned as soon as is practical before
accepting mediation. b) If a mediation learns any fact described in paragraph (a) (1) of this section after
accepting a mediation, the mediator shall disclose it as soon as practicable.
 At the request of a mediation party, an individual who is requested to serve as mediator shall disclose
his/her qualifications to mediate a dispute.
 This Act does not require that a mediator shall have special qualifications by background or profession
unless the special qualifications of a mediator are required in the mediation agreement or by the mediation
parties.
 SEC. 14. Participation in Mediation. Except as otherwise provided in this Act, a party may designate a
lawyer or any other person to provide assistance in the mediation. A lawyer of this right shall be made in
writing by the party waiving it. A waiver of participation or legal representation may be rescinded at any
time.
 SEC. 15. Place of Mediation. The parties are free to agree on the place of mediation. Failing such
agreement, the place of mediation shall be any place convenient and appropriate to all parties.
 SEC. 16. Effect of Agreement to Submit Dispute to Mediation under Institutional Rules. An
agreement to submit a dispute to mediation by any institution shall include an agreement to be bound by the
internal mediation and administrative policies of such institution. Further, an agreement to submit a dispute
to mediation under international mediation rule shall be deemed to include an agreement to have such rules
govern the mediation of the dispute and for the mediator, the parties, their respective counsel, and non-
party participants to abide by such rules. In case of conflict between the institutional mediation rules and
the provisions of this Act, the latter shall prevail.
 SEC. 17. Enforcement of Mediated Settlement Agreement. The mediation shall be guided by the
following operative principles:
 a) A settlement agreement following successful mediation shall be prepared by the parties with the
assistance of their respective counsel, if any, and by the mediator. The parties and their respective counsels
shall endeavor to make the terms and condition thereof complete and make adequate provisions for the
contingency of breach to avoid conflicting interpretations of the agreement.
 b) The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall
certify that he/she explained the contents of the settlement agreement to the parties in a language known to
them.
 c) If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a
Regional Trial Court of the place where one of the parties resides. Where there is a need to enforce the
settlement agreement, a petition may be filed by any of the parties with the same court, in which case, the
court shall proceed summarily to hear the petition, in accordance with such rules of procedure as may be
promulgated by the Supreme Court.
 d) The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the
dispute and shall treat the settlement agreement as an arbitral award which shall be subject to enforcement
under Republic Act No. 876, otherwise known as the Arbitration Law, notwithstanding the provisions of
Executive Order No. 1008 for mediated dispute outside of the Construction Industry Arbitration
Commission (CIAC).

Three (3) Types of Alternative Dispute Resolution

 1. Arbitration- It is a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, or rules
promulgated pursuant to Alternative Dispute Resolution Act of 2004, resolve a dispute
by rendering an award (RA 9285, 2004, Section 3).

Arbitrator is the person appointed to render an award, alone or with others, in a dispute that
is the subject of an arbitration agreement (RA 9285, 2004, Section 3).

Award is any partial or final decision by an arbitrator in resolving the issue in a controversy
(RA 9285, 2004.Section 3).

2. 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 (RA 9285, 2004.Section 3).

Mediator is a person who conducts mediation. Information obtained through mediation is

privileged and confidential. A party, a mediator, or a non-party participant may refuse to
disclose and may prevent any other person from disclosing a mediation communication .

3. Conciliation- Also referred to as Negotiation, it is the least formal type of ADR. The
goal of negotiation is to help parties to come to a consensus on their own, parties can
involve a neutral third party into their negotiation to help facilitate an agreement.

Labor Disputes

Labor dispute refers to any controversy or matter concerning terms and conditions of
employment or the association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and employee. Employees have the right
to self-organization and to form, join or assist labor organizations of their own choosing for the
purpose of collective bargaining through representatives of their own choosing and to engage in
concerted activities for the purpose of collective bargaining and other mutual aid or protection
(RA. 875, 1953, Section 3).

Strikes, Picketing and Lockouts

Labor Disputes can lead to Labor strikes and/or lockout. Strikes refer to any temporary
stoppage of work by the concerted action of the employees as a result of an industrial or labor
dispute (RA 6715, 1989, Section 4). Whereas, a lockout is the temporary refusal of an
employer to furnish work as a result of an industrial or labor dispute (RA 6715, 1989, Section
4). two grounds for the valid exercise of the right to strike or lockout, namely (Chan Robles
Virtual Law Library, 2008):

 Unfair labor practices, and Chan Robles virtual law library; and

 Bargaining deadlock - failure to agree on the terms and conditions of the Collective
Bargaining Agreement between the management and the union (Chan Robles Virtual
Law Library, 2005).

While on strike employees can conduct a picket. Peaceful picketing is the right of workers
during strikes consisting of the marching to and from before the premises of an establishment
involved in a labor dispute, generally accompanied by the carrying and display of signs,
placards or banners with statements relating to the dispute.

Different Forms of Labor Strikes Temporary stoppage of work due to labor disputes has
different forms, they are:

1. LEGAL STRIKE -one called for a valid purpose and conducted through means
allowed by law.

2. ILLEGAL STRIKE - one staged for a purpose not recognized by law, or if for a valid
purpose, conducted through means not sanctioned by law.

3. ECONOMIC STRIKE- one staged by workers to force wage or other economic

concessions from the employer which he is not required by law to grant.

4. Unfair Labor Practice (ULP) STRIKE - one called to protestant against the
employer's acts of unfair practice enumerated in Article 248 of the Labor Code, as
amended, including gross violation of the collective bargaining agreement (CBA) and
union busting.

5. SLOW DOWN STRIKE - one staged without the workers quitting their work but by
merely slackening or by reducing their normal work output.

6. WILD-CAT STRIKE - on declared and staged without filing the required notice of
strike and without the majority approval of the recognized bargaining agent.

7. SIT DOWN STRIKE - one where the workers stop working but do not leave their
place of work.

Legal Requirements in Conducting Strikes and Lockouts

The exercise of the rights to strike or lockout shall be subject to the following requirements
(Chan Robles Virtual Law Library, 2008):

1. A strike or lockout notice shall be filed with the labor department at least 15 days if the
issues raised are unfair labor practice or at least 30 days if the issue involves bargaining
deadlock.

2. The strike or lockout shall be supported by a majority vote of the members of the union or of
the members of the board of directors of corporations or associations or partnership, obtained
by secret ballot in a meeting called for the purpose; and

3. Strike or lockout vote shall be reported to the labor department at least 7 days before the
intended strike or lockout.

Unfair Labor Practices

According to the Labor Code of the Philippines (1974), Unfair labor practices violate the
constitutional right of workers and employees to self-organization, are inimical to the legitimate
interests of both labor and management, including their right to bargain collectively and
otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt
industrial peace and hinder the promotion of healthy and stable labor-management relations.
Moreover, unfair labor practices are not only violations of the civil rights of both labor and
management but are also criminal offenses against the State which shall be subject to
prosecution and punishment (PD 442, 1974, Article 247).
Unfair Labor Practices of Employers

The Labor Code of the Philippines (1974), considers the following as unfair Practices of
Employers (PD 442, 1974, Article 248):

 Interfering with, restraining or coercing employees in the exercise of their right to self-
organization;
 Requiring as a condition of employment that a person or an employee shall not join a
labor organization or shall withdraw from one to which he belongs;

 Contracting out services or functions being performed by union members when such
will interfere with, restrain or coerce employees in the exercise of their rights to self-
organization;

 Initiating, dominating, assisting or otherwise interfering with the formation or

administration of any labor organization, including the giving of financial or other a
support to it or its organizers or supporters;

 Discriminating in regard to wages, hours of work and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.

 Dismissing, discharging or prejudice or discriminate against an employee for having

given or being about to give testimony under the Labor Code;

 Violating the duty to bargain collectively as prescribed by the Labor Code;

 Paying negotiation or attorney's fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; or

 Violating a collective bargaining agreement.

Collective Bargaining Agreement

The Collective Bargaining Agreement (CBA), is a contract executed upon request of

either the employer or the exclusive bargaining representative of the employees incorporating
the agreement reached after negotiations with respect to wages, hours of work and all other
terms and conditions of employment, including proposals for adjusting any grievances or
questions under such agreement.

Procedure in Collective Bargaining

The following procedures must be observed in collective bargaining (RA 6175, 1989, Section
20):

1. When a party desires to negotiate an agreement, it shall serve a written notice upon the
other party with a statement of its proposals. The other party shall make a reply thereto not
later than ten (10) calendar days from receipt of such notice;

2. Should differences arise on the basis of such notice and reply, either party may request for a
conference which shall begin not later than ten (10) calendar days from the date of request:

3. If the dispute is not settled, the Board shall intervene upon request of either or both parties
or at its own initiative and immediately call the parties to conciliation meetings. The Board
shall have the power to issue subpoenas requiring the attendance of the parties to such
meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation
meetings the Board may call;

4. During the conciliation proceedings in the Board, the parties are prohibited from doing any
act which may disrupt or impede the early settlement of the disputes; and

5. The Board shall exert all efforts to settle disputes amicably and encourage the parties to
submit their case to a voluntary arbitrator."

PNP General Policy and Guidelines on Labor Disputes

According to the PNP Operational Procedure Manual (2021), the general policy and guidelines
of all PNP personnel are as follows (PNP.2021, p. 150-151):

1. The involvement of PNP personnel during strikes, lockouts and labor disputes in
general shall be limited to the maintenance of peace and order, enforcement of laws, and
implementation of legal orders of the duly constituted authorities.

2. In case of actual violence, the police can respond without the written request.

3. No PNP personnel shall be allowed to render police assistance in connection with a

strike or lockout if there is question or complaint as regards his/her relationship by affinity or
consanguinity to any official/leader of the parties in the controversy or if he has financial or
pecuniary interest therein..

4. PNP personnel detailed as peace-keeping force in strike or lockout areas shall wear
the prescribed police uniform.

5. They shall exercise maximum tolerance and when called for by the situation or when
all other peaceful and non-violent means have been exhausted, police officers may employ such
means as may be necessary and reasonable to prevent or repel an aggression.

6. The matter of determining whether a strike, picket or lockout is legal or not should
be left to the Department of Labor and Employment (DOLE) and its appropriate agencies. PNP -
personnel should not interfere in a strike, picket or lockout, except as herein provided.

7. No personal escort shall be provided to any of the parties to the controversy unless
upon written request from DOLE. Whenever escorts are to be provided, the other party shall be
informed accordingly. All escorts shall be in prescribed uniform.

8. During the pendency of a strike/lockout, the police personnel concerned are

prohibited from socializing with any of the parties involved in the controversy.

9. Liaison shall be established and maintained with the representatives of DOLE,

management and the union in the strike/lockout area for the purpose of maintaining peace
and order, as well as to maintain a continuing peaceful dialogue between the parties to the
strike/lockout.

10. The peace-keeping detail shall establish a command post outside the 50-meter
radius from the picket line. A PCO shall be designated as Head/Commander of the peace
keeping force that will be responsible for the command and control of the detailed personnel.
The members of the peacekeeping detail shall stay outside a 50-meter radius from the picket
line. However, in cases where in the 50-meter radius includes a public thoroughfare, they may
station themselves in such public thoroughfare to ensure that the flow of traffic will be
unhampered.

Moreover, law enforcement agents shall, at all times:

 Exercise maximum tolerance;

 In case of unlawful aggression, only reasonable force may be employed to
prevent or repel it;
 The employment of tear gas and water cannons shall be made under the control
and supervision of the Ground Commander; and
 No arrest of any leader, organizer, or participant shall be made during the public
assembly, unless he/she violates any pertinent law as evidence warrants.

Reference/s:
Dispute Resolution and Crises/Incidents Managements, DR. MARIO A. GARCIA
Dispute Resolution and Crises/Incidents Managements, PLTCOL MICHAEL S SEGUIDO, PhDCJ, Rowela Cartin-
Pecson, MSCrim, CSP