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DISPUTE RESOLUTION and CRISIS/INCIDENT MANAGEMENT 3. Protects employees and anyone else affected
I. CRISIS MANAGEMENT 4. Preserves operations and productivity as much as possible
- it is an expert handling of a crisis or emergency to reduce or eliminate 5. Safeguard’s a company’s or organization’s reputation.
danger or damage, or the like, especially on the part of the government.
CRISIS (from the Greek word “krisis) which means to decide. Theories of Crisis Management:
- turning point in the progress of an affair or a series of events.
- Three elements of Crisis: 1. Attribution Theory- states that companies suffer reputation and
• A threat to the organization business harm when the public blames them for a crisis.
• The element of surprise 2. Situational Crisis Communication Theory- Rooted in Attribution
• A short decision time Theory- it states that business tailor crisis communications to the crisis’
Emergency potential to hurt the company’s reputation. Crisis Managers must first
- (Latin word “emergentia”) meaning “dipping/plinging” determine the threat to the company’s reputation by assessing which of the
- an unforeseen combination of circumstances or the resulting state that three clusters the crisis fits into:
calls for immediate action 2.1. The Victim Cluster- the organization is the victim.
2.2. The Accidental Cluster- the organization unintentionally caused the
NOTE: crisis.
• If the situation is still controllable and the response given is for the purpose 2.3. The Intentional Cluster- the organization intentionally acted wrongly.
of containing the situation and preventing it from getting out of control, then 3. Diffusion of Innovation Theory (proposed by Everett Rogers)- It
it is “emergency.” tackles the sharing of information during emergency situation. The Four(4)
• If the situation is already beyond normal control, then it is already a dimensions that make up diffusion of innovation are:
“crisis.” 3.1. Innovation- it is an idea, thing, procedure or system that is new, or
perceived to be new by whoever is adopting it.
Disaster- a serious disruption of the functioning of a community or society 3.2. Communication Channels-refers to the process by which people share
involving widespread human, material, economic or environmental losses information about an innovation and includes the unit of adoption of an
and impacts, which exceeds the ability of the affected community or society individual or organization that is familiar with the innovation as well as
to cope using its resources. other units of adoption who are not familiar with the innovation.
3.3. Time- refers to three components:
Crisis Management Risk Management a. Innovation Decision Process- the timeframe when an individual or
Concerned with the process of identifying threats to an organization and its organization becomes aware of an innovation until they either adopt or reject
major players, as well as the methods used by the organization to deal with the innovation.
such threats. b. Adopter Categories- refers to the level of inclination an individual or
organization has toward innovation.
Often requires decisions to be made after a major event has already occurred c. Rate Adoption- it considers the speed at which an innovation is adopted
and within a short timeframe Concerned with identifying, assessing and in a social system.
mitigating any activity or event that could cause harm to business 3.4. Social Systems- includes individuals, groups, organizations or
subsystems that all share a common goal.
Essential Elements of Crisis Management: 5. Unequal Human Capital Theory- States that inequality amongst
employees leads to crisis as the workplace.
Two (2) Primary Essential Elements in Crisis Management: 6. Chaos Theory- comes from mathematics, and states that some systems
are so complex that small differences in starting conditions can make them
1. Incident Management – an act of containing the situation within a act very differently and unpredictably.
certain level, mostly through the law enforcement interventions. 7. Image repair or Restoration Theory- shares a focus on rebuilding an
organization’s reputation when it has been damaged by a crisis.
2. Consequence Management- an act that focuses on mitigating the
adverse effects that may be brought about by an incident. Image repair strategies (Benoit)
7.1. Denial
Essential Elements of an Effective Crisis Management: 7.2. Evading responsibility
• The accused individual justifies their own actions by passing blame onto
1. Risk Analysis- pertains to the study of the potential crisis that might another party and reducing their own responsibility.
arise. • The accused attempts to reduce their responsibility by affirming that they
2. An Activation Protocol- This serves as the trigger for the crisis did not have sufficient information or control to handle the situation
management plan. effectively.
3. A Chain of Command- refers to the succession of leadership from • The accused attempts to reduce their responsibility by relying on accidents
superior to a subordinate through which the command is exercised. Also and aims to pass the blame to their arbitrary nature
known as “Command Channel.” • The accused attempts to reduce responsibility by attributing accidents to
4. A Command Center Plan- refers to the location or place that will serve as good intentions.
the base of operations for the team during a crisis. 7.3. Reducing Perceived Offensiveness
Command Post- a unit’s or sub-unit’s headquarters where the commander • Bolstering-attempts to increase positive sentiments towards the accused
and the staff perform their activities. The principal facility employed by the individual by highlighting past actions or positive attributes.
commander to control operations. • Minimization- convince the audience that the event in questions is not as
5. Response Action Plan- refers to the detailed planning on how the damaging or scandalous as it has been made out to be .
organization will respond to various crises incident. • Differentiation- comparing it to similar, yet more notorious act.
6.Internal Communication Programs- pertains to the systems and backup • Transcendence- reduce offensiveness by putting the event in question into
methods for members of the crisis management team to communicate with a different context, or by shifting the perception o the audience.
each other. • Attacking one’s accuser- the accused individual will allege that the
7. External Communication Programs-refers to the plans for accusers deserved what happened.
communicating with the public and key external stakeholders. • Compensation- the accused individual offers some type of reimbursement
8. Resources- pertains to everything the crisis management team might to reduce sentiments of ill will.
need.
9. Training- this aims to enhance specific agencies tasked for Crisis 7.4. Corrective Action- Involves the accused individual promising to fix the
Response; command individual and collective training, where individuals position.
must be prepared to be part of an integrated, inter-agency operations; 7.5. Mortification- the most direct of the aforementioned strategies. The
should also address the operational and strategic needs of the stakeholders. accused individual admits responsibility for the action in question and seeks
10. A Review- refers to the procedure for updating the plan and analyzing forgiveness for them.
Crisis Response.
8. Structural Functional Theory- comes form sociology and looks at society
Objectives of Crisis Management: as a structure made up of institutions that function together to keep the
1. Resolve without further incident. whole running, like organs that work together to keep the body functioning.
2. Safety of all participants.
3. Apprehension of all perpetrators. Crisis Management Model- the conceptual framework for all aspects of
4. Accomplish the task within the framework of current community preparing for, preventing, coping with, and recovering from a crisis.
standards.
Three Stages Model (Coombs,2018)
Purpose of Crises Management: 1. Pre-Crisis- signal detection, prevention, and crisis preparation
The main goals of crisis management is Salvari Vitas (save lives)
2. Crisis- begins with the crisis trigger evetn that marks the beginning of the
Specific Purpose of Crisis Management: crisis. Ends when the crisis is considered resolved.
1. Prepares an organization to cope with an unexpected calamity.
2. Shortens and lessens the impact of a crisis
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3. Post-Crisis- when the crisis is resolved and deemed to be over, and the b.1. Mutiny- any overt act of defiance or attack upon military authority by
organization is considering what to do next. two or more persons subject to such authority.

Fink’s Four Phases Model of Crisis (Steven Fink, 1986) b.2. Insurrection- an organized and usually violent act of revolt or rebellion
1. Prodromal Stage- covers the period between first signs and crisis against an established government.
eruption.
2. Acute Stage- begins when a trigger unleashes the crisis event. b.3. Coup d’ etat- also known as “coup,” it is the sudden, violent overthrow
3. Chronic Stage- encompasses the lasting effect of the crisis. of an existing government by a small group. The chief prerequisite for a coup
4. Resolution stage- represents the end of the crisis and a time for is control of all or part of the armed forces, the police, and other military
internalizing what went wrong. elements.

Mitroff’s Five-Stage Crisis Management Model c. Revolution- an extra-constitutional attempt to replace one government
1. Crisis Signal Detection with another, and to effect a fundamental change in the type of government.
2. Probing and Prevention
3. Containment d. Border Incident- refers to boundary and territorial disputes.
4. Recovery
5. Learning e. War- conflict between political groups involving hostilities of considerable
duration and magnitude.
Principles of Proper Crisis Management
e.1. Conventional War- use of conventional or traditional means to wage
1. Whole-of-Nation Approach- the communication and engagement of all war.
stakeholders, specifically the leaders at all levels, in identifying emerging or e.2. Biochemical War- use of biological (bacteria and virus) and chemical
immediate threats; coming up with solutions; developing shared goals; and weapon.
aligning capabilities so that no one will be left behind in times of crisis. e.3. Nuclear War- nuclear weapons are use.

2. Strengthened Inter-Agency Collaboration f. Kidnapping- the taking of a person against his/her will or from the
3. Efficient Situation Awareness-detects threats and crises long before it control of a parent or guardian from one place to another under
occurs. circumstance in which the person so taken does not have freedom of
4. Tiered Response to Incidents- it is a must for the local government to be movement, will, or decision through violence, force, threat or intimidation.
capable and effective in managing crises.
5. Adaptable Operational Capabilities- crisis management response should g. Hijacking- seizing possession or control of a vehicle from one another by
adapt to meet requirements of each and every crisis that would arise for it to force or threat of force.
be effective.
6. Unity of Effort Through Unity of Command- requires a clear h. Hostage taking- It is a situation in which the perpetrators hold person/s
understanding of the roles and responsibilities of participating organizations. captive against their will.
7. Readiness to Act- response to a crisis depends on the responder’s
instinct and ability and readiness to act. i. Terrorist Activities
8. Intensified Public Information Campaign- effective public information
campaign is a key to effective crisis management. j. Attacks or Raids- violent attacks on government installations/facilities
and vital facilities.

II. PHASES OF CRISIS MANAGEMENT AND TYPES OF CRISIS B. Natural Crises- Disturbance of the environment which is generally
beyond the control of human.
Phases of Crisis Management
1. Proactive Phase- designed to predict or prevent the probability of a. Fire
occurrence at the same time prepare to handle them when they occur b. Marine/air disaster
2. Reactive Phase the actual execution or implementation of any c. Structural Collapse
contingency plan when a crisis situation occurs despite the proactive Collapse-refers to the failure of a structure or component to maintain its
measures. structural integrity.
3. Post Conflict Phase- the situation when the proactive and reactive
phases are done, and plans for post action and recovery are the focus and Two ways of Collapse:
put into full implementation. 1. Implosion- caused when interior weight bearing structures lose their
integrity and subsequently “pull” exterior walls into the center of the mass.
Types of Crises:
1. Man-Made Crises-have and element of human intent, negligence, or 2. Explosion- caused by an outward rush of force from a natural,
error, involving a failure of a man-made system. mechanical, or chemical force, which results in the building collapsing in an
“outward” direction.
a. Civil Disturbance- also known as “civil disorder” or “Civil Unrest.” Any d. Hazardous Spill
public disturbance involving acts of violence by assembling of three or more e. Utilities failure- unplanned malfunction or failure of essential utility
persons, which causes an immediate danger of or results in damage or systems including, but not limited to: electrical power distribution;
injury to the property or person of any other individual. plumbing; natural gas; emergency power; elevators; air conditioning; boilers;
and communications or patient care/medical equipment that do not
a.1. Labor Strike/Demonstration function according to their designed purpose and could result in a
Strike- means any temporary stoppage of work by the concerted action of potentially unsafe situation for patients, staff and visitors.
employees as a result of an industrial or labor dispute.
f. Nuclear accidents
Demonstration- a march or gathering which people take part into show g. Food scarcity/famine
their opposition to something or their support for something. h. fuel shortage
i. pestilence/epidemic
a.2. Riots- violent public disorders, specifically a tumultuous disturbance of
the public peace by three or more persons assembled together and acting EPIDEMIC- an outbreak of disease that spreads quickly and affects many
with a common intent. individuals at the same time.

a.3. Anarchy PESTILENCE- a contagious or infectious epidemic disease that is virulent


Anarchism- is a cluster of doctrines and attitudes centered on the belief that and devastating.
government is both harmful and unnecessary.
Levels of Disease:
Anarchy- the general lawlessness and disorder Sporadic- occurs infrequently and irregularly.
Endemic- constant presence and/or usual prevalence of a
a.4. Welga ng Bayan (people’s Strike) a general strike, which is, but an disease or infectious agent in a population within a geographic area.
extended sympathetic strike; it is work stoppage affecting numerous, if not, Hyperendemic- persistent, high levels of disease occurrence.
all employers including a particular employer who has no dispute with his Epidemic- an increase, often sudden, in the number of cases of a
employees regarding their terms and conditions of employment. disease above what is normally expected in that population in that area.
Outbreak- carries the same definition of epidemic, but is often
b. Revolt- if a large number of people revolt, they refuse to to be controlled used for a more limited geographical areas.
or ruled, and take action against authority, often with the use of violent Cluster- aggregation of cases grouped in place and time that are
action. suspected to be greater than the number expected, even through the
expected number may not be known.

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Pandemic- refers to an epidemic that has spread over several
countries or continents, usually affecting a large number of people. a. Strategic Situation Awareness- generating foresight in crisis
management
j. Flood- rising and overflowing of a body of water especially onto normally Detecting what is happening
dry land. Analyzing what seems to be happening
Determining how things could go
Minor flooding- usually shallow and there may not be a Preparing warning products; and
perceptible flow Conveying warnings
Major Flooding- overflowing of rivers and lakes; serious breaks
in dikes, leaves, dams, and other protective structures; by uncontrollable b. Operational Situational Awareness- provide information crucial for the
releases of impounded water in reservoirs and by the accumulation of agency/department’s preparation and execution of contingency, crisis
excessive runoff. action, and crisis recovery plan against diverse threats.
Flash Flood- developed in hilly and mountainous terrain where
the slope of the river is rather steep. Planning and direction- identifying course of action
Collection- gathering of information
k. Volcanic Eruption- the expulsion of gases, rock fragments, and/or Processing- evaluating all gathered information
molten lava from within the Earth through a vent onto the Earth’s surface or Analysis and production-taking a closer look at all the
into the atmosphere. information and how it fits together.
Dissemination- giving the final written analyses
Volcanic hazards directly associated with eruption:
Lava flow- molten rock moving downslope or away from an c. Tactical Situational Awareness- systematic and continuous process of
eruption vent. monitoring an identified threat shortly before a crisis occurs.
Tephra fall or Ash Fall-
Tephra-fragmented volcanic particles 2. Prepare- essential for effective response. Entails planning, organization,
Ash- fragmented volcanic particles less than 2 mm in diameter. training and stockpiling of equipment and supplies needed for such
crises/emergencies.
Pyroclastic Density Currents (PDCs)- mixtures of fragmented
volcanic particles, hot gasses, and ash that rush down the volcanic slopes or 6 essential activities in preparation:
rapidly outward from a source vent at high speeds. Plan
Lateral Blast- laterally-directed thrusts of hot gas and ash that Organize
can be generated from an exploding dome on the summit vent or inside the Train
edifice when sudden mass failure of the volcanic flanks occur. Equip
Volcanic hazards indirectly associated with eruption (PHIVOLCS) Exercise
Lahar (volcanic mudflows/ debris flows)- slurries of volcanic Evaluate and Improve
sediment, debris, and water that cascade down a volcano’s slopes through
rivers and channels. 3. Prevent- Prevention is the deliberate action that aims to avoid future
Debris Avalanche- mass failure of the flanks of a volcano edifice harm by addressing its causes.
due to magma intrusion, a strong earthquake or the movements of faults
beneath the edifice. REACTIVE PHASE
Volcanic tsunami- occur in caldera lakes when water is
displaced by deformation of the lake floor caused by rising magma or the 4. Perform- performance is the actual implementation of contingency plans
entry of the PDC’s or landslide into the lake, or in seas when water is when a crisis occurs, despite the pro-active measures undertaken.
displaced by PDC’s or debris avalanche from volcanoes.
Ground Deformation- ascending magma can cause the volcano POST INCIDENT PHASE
edifice to swell before and during and eruption.
Secondary Explosion- can be generated in still hot volcanic 5. Post-action- a component which begins when the crisis has been
deposits such as those of PDC’s and lava flow when these come into contact addressed and the situation is deemed clear.
with water by erosion, rising ground water or rainfall.
III. CRISIS MANAGEMENT POLICY
l. Earthquake-Sudden shaking of the ground caused by the passage of
seismic waves through Earth’s rock. Legal Regimes in Crisis Management

m. Tidal waves- shallow water wave caused by the gravitational interactions 1. ARTICLE II, Declaration of Principles and State Policies
between the Sun, Moon, and Earth. • SECTION 5. The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are essential
Tsunami- series of sea waves commonly generated by under-sea for the enjoyment by all the people of the blessings of democracy.
earthquakes and whose height could be greater than 5 meters.
• SECTION 4. The prime duty of the Government is to serve and protect the
Local tsunamis- confine to coast within a hundred kilometers of people. The Government may call upon the people to defend the State and,
the source. in the fulfillment thereof, all citizens may be required, under conditions
Far field or distant tsunamis- can travel from 1 to 24 hours provided by law, to render personal military or civil service.
before reaching the coast of the nearby countries.
n. Typhoon (tropical Cyclones) – warm-core low pressure systems 2. ARTICLE XVI, General Provisions
associated with a spiral inflow of mass at the bottom level and spiral outflow SECTION 6. The State shall establish and maintain one police force, which
at the top level. shall be national in scope and civilian in character, to be administered and
controlled by a national police commission. The authority of local executives
Classification: over the police units in their jurisdiction shall be provided by law.
Tropical Depression- maximum sustained winds of up to 61
kilometer per hour (kph) or less than 33 nautical miles per hour (knots) 3. RA 7160 or Local Government Code
Tropical storm- 62- 88 kph or 34-47 knots.
Severe Tropical Storm 89- 117 kph or 48-63 knots 4. RA 6975 or DILG Act of 1990
Typhoon 118- 220 kph (64-120 knots)
Super typhoon exceeding 220 kph (more than 120 knots) 5. Executive Order No. 309 of 1987- created the National Peace and Order
Council (NPOC)
o. Drought-deficiency of precipitation over extended period of time, usually a
season or more. This deficiency results in water shortage for some activity, 6. Executive Order No. 366 of 1996,-amended E.O. 309 of 1987 and created
group, or environmental sector. the Barangay Peace and Order Council.

The 5P Crisis Management Model: 7. Republic Act No. 10121- Philippine Disaster Risk Reduction and
Management Act of 2010.
PROACTIVE PHASE
1. Predict- foretelling of the likelihood of crises either natural occurring or 8. Executive Order No. 336 of 2001- establishes the National Council for
man-made through the continuous assessment of all possible threats and Civil Aviation Security (NCCAS) formerly known as National Action
threat group, as well as the analysis of developing or reported events and Committee on Anti-Hijacking and Anti-Terrorism (NACAHT)
incidents.
Policy on Terrorism particularly on Hostage Taking Situations
Undertaken through Situational Awareness, which is the ability to extract
and integrate information in a continuously changing environment and to 1. Subscription to Anti-Terrorism Covenants
use such information to direct future actions. 2. Peaceful means and other options in the Resolution of a Crisis
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3. Coordinated and calculated response against terrorism • The Operational Chief
4. Terrorism as a criminal act • The Planning Section Chief
5. No compromise with Terrorist • The Finance/Administration Section Chief
6. Respect for Human Rights • The Logistics Section Chief
7. Prompt Handling of a crisis at the lowest possible level 3. Technical Staff- provide technical advice to the incident Commander.
8. Public Information Management and advocacy Consists of:
9. Safety of victims and Civilians • The Safety Officer
• A Liaison- serves ad the primary contact for supporting agencies assisting
PNP Operational Procedure on Critical Incident Management at an incident.
The PNP is at the forefront of crisis situations, it plays as essential and • The Public Information Officer- serves a conduit for information to
active role in crisis management in the country. The PNP accomplished this internal and external stakeholders, including the media or other
role by organizing its own Incident Management Committee (IMC) in support organizations seeking information directly from the incident or event.
of the NPOC and NDRRMC
• Secretary of the Interior and Local Government (SILG)- designated as the Public Information Officer or the Spokesperson – ensures that accurate
Cabinet- Officer Primarily Responsible(C-OPR) for threats to peace and order. information and a consistent message is provided to the media in a crisis.
• Two types of incidents to be handled:
Public and Media Affairs Group- helps build the reputation of the CMC
1. Man-made Incidents involved. It shall be organized within the ICS.
1.1. Managing an Incident that can be resolved by the responding policemen
without Crisis Management (CMC) involvement. Example: Hostage taking of National Government and Media Platforms- referred to as
a father to his son. Communications Group.

1.2. Managing an incident that entails CMC-directed operations On-Scene Commander- an individual in the vicinity of an incident , who
• Both actions of the PNP in either situation follow the Incident Command temporarily assumes command and institutes immediate emergency
System (ICS) operational procedures procedures, such as the isolation of the incident for the rest of the
environment . Part of the second type of first responder.
2. Natural/Disaster- the PNP shall act as the first responder in the affected
area in order to provide area security and support to the conduct of search First Responder/s- carries out the immediate and timely response needed
and rescue operations to be spearheaded by the area Disaster Risk in addressing an incident.
Reduction Management Committees (DRRMC)
National Disaster Risk Reduction and Management Council (NDRRMC)- as a
PNP’s Alert Level During Man Made Critical Incidents: matter of policy, natural calamities and disasters will be the responsibility of
• Level 1 (Low)- no information to suggest a specific man-made Critical the NDRRMC.
Incident may occur.
• Level 2 (Moderate)- Man-made Critical Incidents is possible, but not likely • The Secretary of the Department of National Defense is the Chairperson of
• Level 3 (High)- there is a strong possibility that man-made Critical the NDRRMC
Incidents may occur within a short period of time.
• Level 4 (Extreme)- Man-made Critical Incident has just occurred or has The Office of Civil Defense- implementing arm of the NDRRMC. They have
just been preempted; or incident are expected. the primary mission of administering a comprehensive national civil defense
and disaster risk reduction and management program by providing
PNP’s Stages in Disaster Management leadership in the continuous development of strategic and systematic
approaches as well as measures to reduce the vulnerabilities and risks to
Level 1- Green/Pre-Disaster Stage- when there are no disaster or hazards and manage the consequences of disasters.
calamities the disaster management team should conduct Pro-active
Assessment activities Regional Disaster Risk Reduction and Management Council- formerly known
Level 2-Red/Disaster Response Stage – when there is an official forecast of as Regional Disaster Coordinating Councils. Has the responsibility to
an incoming natural disaster in the country and when an unexpected coordinate, integrate, supervise, and evaluate the activation of the
natural disaster suddenly occurs in the country. LDRRMC’s.

Level 3- White/Post Disaster Stage- when the Natural disaster is finally Local Disaster Risk Reduction and Management Councils- formerly known
over and Support to Recovery and Rehabilitation Efforts are being done. as Provincial, City, and Municipal Disaster Coordinating Councils.

IV. CRISIS MANAGEMENT ORGANIZATION IN THE PHILIPPINES FOR Barangay Development Councils- formerly known as Barangay Disaster
NATURAL DISASTERS Coordinating Councils. They Serve as the LDRRMC’s in every barangay.

Crisis Management Organization- determine the levels of authority, Local Disaster Risk Reduction and Management Office- responsible for
responsibility and accountability. setting the direction, development, implementation, and coordination of
disaster risk management programs within their territorial jurisdiction.
Significant Characteristics in Establishing Crisis Management
Organizations: Coordination during Emergencies:
1. Short deliberation time
2. National and Local Level Coordination The LDRRMC shall take the lead in preparing for, responding to, and
3. Integration of Government Agencies and Other Stakeholders recovering from the effects of any disaster based on the following criteria:
• The BDC, if a barangay is affected
Crisis Management Committee (CMC)-governing body that takes decisive • The city/municipal DRRMC’s, if 2 or more barangays are affected.
actions to resolve crises or emergencies. • The provincial DRRMC if 2 or more cities/municipalities are affected.
• The Regional DRRMC, if 2 or more provinces are affected.
5 Critical Tasks of the CMC • The NDRRMC, if two or more regions are affected.

1. Sense making 5. CRISIS MANAGEMENT ORGANIZATION IN THE PHILIPPINES FOR


2. Decision Making HUMAN INDUCED CRISIS
3. Meaning making refers to crisis management as a political communication
4. Terminating Termination of crisis is only possible if the committee, National Peace and Order Council- Addresses various aspects of national
through its Chairperson, correctly handles the accountability questions. security, particularly those affecting peace and order. Also addresses
5. Learning-refers to actual learning from a crisis different aspects of crime prevention and suppression. It is organized on the
national, regional, provincial, city and municipal levels of government.
Incident Command System (ICS) – a set of personnel, policies, procedures,
facilities, and equipment, integrated into a common organizational structure Functions of the NPOC:
designed to improve emergency response operations of all types and • Contribute to the strategies of the National Security Council that would
complexities. effectively respond to peace and order problems
• Coordinate and monitor peace and order plans
ICS Organizational Structure • Provides a forum for interdisciplinary dialogue and deliberation of major
issues and problems affecting peace and order
Three(3) Models in the ICS Organizational Structure • Perform such other duties and functions as the President may direct.

1. Incident Commander- single person who commands the incident Chairman- Secretary of the Interior and Local Government
response
2. General Staff- provide planning and operations direction and supervision,
resources procurement and allocation, and support services. Compose of:
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The National Security Council- the principal advisory body on the proper Metropolitan Manila Development Authority (MMDA) Chairperson
coordination and integration of plans and policies affecting national Romando Artes -to lead the regional inter-agency task groups in Metro
security. It is an advisory to the President. Manila
Chief Minister Murad Ebrahim-to lead the regional inter-agency
Two distinct Bodies Composing the NSC: task groups Bangsamoro
1. National Security Council Secretariat- permanent body that provides The Office of Civil Defense was tasked to lead the regional task
support to the Council proper. Headed by the Director General/National forces in other regions.
Security Adviser. It ensures that the policies formulated by the NSC and Local Chief Executives of Municipalities, Cities, Provinces, and
approved by the President are effectively and efficiently implemented. Barangays are also tasked as Chairpersons of the Local Task Forces.

2. Council Proper- the collegial body chaired by the President. It includes VI. AFP-PNP NATIONAL AND LOCAL LEVEL OF CRISIS MANAGEMENT
concerned officials of the Cabinet and Congress, as members as well as other ORGANIZATION AND INTRODUCTION TO HOSTAGE TAKING
government officials and private citizens who may be invited by the SISTUATION
President.
The PNP and AFP complement each other in their pursuit to suppress
The NSC serves as the government’s National Crisis Management insurgency, and other serious threats to national security and in times of
Committee, addressing crises or incidents with broad implications on the national emergency.
exercise of sovereignty, integrity, of national territory, maintenance, of peace
and order, the protection of life, liberty and property, and the promotion of • The PNP enforces laws and ordinances and performs statutory functions
the general welfare of the people. while the AFP exercises primary responsibility on matters involving
suppression of insurgency and other serious threats to national security.
NATIONAL LEVEL CRISIS MANAGEMENT COMMITTEE • The PNP provides assistance to the AFP in insurgency affected areas while
the AFP is also responsible for the integrated territorial defense system.
A. Executive Committee, National Security Council/ National Crisis • The PNP assists the AFP for the dispositive action on arrested, captured or
Management Committee (EXECOM/NCMC) surrendered insurgent within the prescribed reglementary period.
• Highest executive policy making body that addresses man-made crises at • The PNP provides assistance to the AFP in the arrest of suspected
the national level. insurgents with standing warrants of arrests, and
• Informs the President of the situational and initial actions of agencies or • The PNP and the AFP maintain close intelligence coordination and
departments, and recommends to the President an appropriate inter- exchanges and share each other’s accomplishment of their respective
agency/department response. mission and functions.
• Chairman- President and/or Executive Secretary
Hostage Situation
Cabinet-Officer Primarily Responsible
Hostage Situation -a set of circumstances wherein a suspected law violator
1. Executive Secretary- the Cabinet-Officer Responsible (C-OPR) for: is holding a person captive with the use of force and threat of violence while
• Threats of terrorism the police are in close contact with the suspect and his captive.
• Threats to maritime borders
• Threats concerning OFW’s Hostage- an individual who has been held by the perpetrators against
his/her will
2. Secretary of National Defense
• Threats to National Security Hostage-taker- an individual or group of persons who hold another
• Threats maritime Borders (intra-agency/department response as co- person(s) against his/her/their will as bargaining chips for purposes of
manager) demanding certain amount of money, self-protection, thwarting any police
action, or pursuing personal interest or that of the general public.
3. Secretary of Interior and Local Government
• The C-OPR for emerging and current threats to peace and order Barricade Situation- an incident where a person or in this case a hostage
taker maintains a position of cover or concealment and ignores or resist law
enforcement personnel, and it is reasonable to believe the subject is armed
with a dangerous or deadly weapon
Inter-Agency Task Force for the Management of Emerging Infectious
Diseases (IATF-EID) Two Basic Concept in a Hostage-Barricade Situation:
1. In a hostage-barricade situation , the hostage-takers have placed
--The Inter-Agency Task Force for the Management of Emerging Infectious themselves willingly in direct confrontation with the authorities and
Diseases (IATF-EID) therefore they must be prepared to deal with them. Since there is a
-is a task force organized by the executive of the government of the confrontation, it is safe to conclude that the hostage-takers are willing to
Philippines to respond to affairs concerning emerging infectious diseases in discuss the situation.
the country.
2. It is not the intent of the hostage-takers to get violent. They do not take
--Created through Executive Order No. 168 issued by President Benigno hostage with the expressed purpose of taking their hostages’ lives. They do it
Aquino III in 2014. It was organized as the government's instrument to in order to coerce the authorities to behave in certain ways and eventually to
assess, monitor, contain, control and prevent the spread of any potential exchange the hostages for something they want.
epidemic in the Philippines.
Terms to Remember:
--The IATF-EID convened in January 2020 to address the growing viral
outbreak in Wuhan, China. They made a resolution to manage the spreading Courier – the person(s) delivering the concession(s), which,
of the new virus, which was known at the time as 2019 novel coronavirus purports to be that being demanded by the offenders.
(2019-nCoV) and eventually renamed to severe acute respiratory syndrome
coronavirus 2 (SARS-CoV-2), the virus that causes COVID-19.[6] On March Hot debrief – short debriefing conducted by negotiating team
9, 2020, President Duterte called the IATF-EID amidst the rising cases of prior to turnover to another set of negotiating team.
COVID-19 in the Philippines.
Intermediary – any person authorized by the incident/On-Scene
Chair: Department of Health Commander to communicate with the hostage-takers either upon the
Co-Chair: request of the latter or to facilitate smooth communication between the
Office of the Cabinet Secretary designated negotiators and the hostage-taker.
Department of Environment and Natural Resources
Stockholm Syndrome – hostages express adulation and have a
The Joint Task Force COVID-19 Shield is a task force positive feelings toward their captors that appear irrational light of the
intended to enforce quarantine protocols in border checkpoints and streets, danger or risk endured by the victim. (coined by Nils Bejerot).
and maintain peace, order, and security throughout the country to help
control the spread of COVID-19. Lima syndrome – abductors develop sympathy for their hostages.
The task force is composed of the
• Philippine National Police (PNP), London Syndrome – one or more hostages respond to captors
• the Armed Forces of the Philippines (AFP), with belligerence and non-cooperation.
• the Philippine Coast Guard (PCG),
• the Bureau of Fire Protection (BFP), and Stronghold – any location or structure, fixed or mobile, where the
• Barangay tanods. hostage is being held.

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Proof of life-- positive proof that the hostage is alive, obtained Four Courses of Action
from a reliable or verified source. 1. amass officers and massive fire powers and assault.
2. Use Selective sniper fire
Cardinal Rule in Negotiation 3. Use chemical agents
o “Commander should not negotiate, negotiator should not command.” 4. Contain the area and negotiate through a specially trained negotiator.

Hostage taker – Negotiator Relationship ICER Method


• Trust and rapport should be established, but while trust is there, be aware
of it; I- Isolate- keep onlookers beyond the safety lines
Categories of Hostage Takers: C- Contain- contains the hostage-taker’s mobility to the smallest location in
the building or exterior area and deny him the opportunity to observe the
1. Criminals- generally more interested in money, escape or personal safety. presence of police and their activities.
2. Mentally-deranged Individuals- they take hostages because of something E- Evaluate the situation because the original report may or may not be
that may have provoke them. what the situation actually is. Evaluation includes:
3. Terrorists- they tend to be dedicated to their cause and are willing to risk • Gathering as much cursory information as possible.
their lives to ensure its success. • Assessing the threats
4. Person in Crisis- these are people who take hostages during a period of • Estimating the location of the command post as well as the number and
prolonged frustration, despair, and problems. proposed positions of back up officers needed to establish a temporary inner
5. Prisoners- these are people who take hostages stemming from their perimeter.
dissatisfaction and discontent regarding their living condition in prisons. R- Report the number and identities of hostage-takers and hostages, along
with their clothing descriptions, precipitating events, size and locations of
Personality Types of Hostage Takers: dangerous zones.

1. Psychotic disorders- severe mental disorders that cause abnormal Important Factors to Consider During a Hostage Taking Incident
thinking and perceptions
1.1. Paranoid Schizophrenics- they are characterized by persistent false 1. Intelligence gathering
mental perceptions or beliefs. 2. motive
1.2. Psychotic Depressives- They experience extreme sadness, 3. hostage location
hopelessness, feelings of inadequacy, worthlessness, slow thinking and 4. setting
speech and indecisiveness. 5. Formulation of plan

2. Personality Disorders- enduring patterns of inner experience and Reason Why the Hostage Taker Surrender:
behavior that deviates from the expectations of the individual’s culture, • Exhaustion and boredom
which often leads to distress or impairment. • Fear of the assault by the police
• Collapse of morale and/or motivation
2.1. Anti-Social Personalities- they are repeatedly in conflict with society, • Disagreement among the hostage taker
thus, are incapable and are grossly selfish, callous and irresponsible. • Feeling of abandonment
• Occurrence of medical problem during the process
2.2. They are unable to respond effectively to emotional, social, intellectual • Conviction of futility of persistence
and physical demands. • Decision of fighting another day-court and prison
• Achievement of the goal-publicity
Motives in hostage-taking: • Development of confidence in the judicial process
1. In political terrorism, reasons include showing the public that the • Recognition by the police of the impossibility of demands they made
government is unable to protect its own citizen. • Assurance of a peaceful surrender into custody
• Conviction that harm to hostage is unhelpful to their “cause.”
2. Hostage-taking guarantees immediate media coverage, and after repeated • Guarantee of safe passage of the stronghold
hostage incidents, it is the hope of the terrorist that the government might • Expectation of early release or rescue
overreact and become excessively restrictive with its own citizens thus • Intervention of intermediaries
causing civil discontent and grassroots movement to overthrow thee • Expectation of political asylum
government. • Direction of group leaders
• Assault by arrangement
3. Warring nations seek peace after exchange of hostages as a guarantee of • Backstage political agreement
reciprocity.
PNP Guidelines and Procedures in Handling Hostage Situation
4. In urban guerilla warfare, hostages are taken with little regard for law and
order. a. First Responders (FR)- Personnel responding to the hostage incidents,
and are primarily responsible for minimizing injuries, strategically deploying
5. Law enforcement officers will most likely encounter hostage incidents that personnel, gathering intelligence and initiating a holding action to contain
involve either criminals or the mentally-disturbed. the hostage-taker pending arrival of the SWAT/Crisis Response Team and
a) If the hostages are taken in a criminal situation, it is usually because thee the Crisis Negotiation Team.
criminal is unable to complete the crime and escapes before the police 1) Secure the incident scene and establish perimeter security.
responds thus making hostage-taking a spontaneous event. 2) Give situation update to concerned TOC and inform the Hostage
b) The criminal’s primary reason for taking hostages is to ensure his own Negotiation Team (HNT) for possible deployment.
safety. 3) Do not allow unauthorized persons at the incident scene.
c) The demands are invariably for safe passage and a means of escape in 4) Gather information about the hostage-taker and hostage(s) from
return for the hostages’ lives. witnesses.
d) It is also very common for hostage-takers to demand ransom. 5) Re-route traffic flow (if necessary).
6) Evacuate all persons within the vicinity of the incident scene.
6. A husband or wife may take a child hostage in custody battles. 7) Clear areas for use of other responders.
8) Establish Advanced Command Post (ACP).
7. A mentally-disturbed person may take hostages in order to right what he 9) Initiate contact with the hostage-taker through any available means.
believes to be wrong. 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
8. Whatever the initial reason for hostage-taking, it is clear that the motive no longer be necessary.
for holding hostages may change. 11) Brief the TL, HNT of the situation and turn-over the conduct of
negotiation.
VII. OPERATIONAL PROCEDURES DURING HOSTAGE TAKING 12) Stay at the incident scene to maintain security, crowd and traffic control,
SITUATIONS, AND HOSTAGE NEGOTIATION preserve evidence and take custody of witnesses.

• During a hostage situation, the Hostage-takers can either: b. Incident Commander (IC)-There shall be only one IC holding at least a
1. Choose martyrdom, kill the hostages, and commit suicide senior rank and/or one with experience in hostage/crisis situation or
2. Lessen one’s demands to a more achievable proportions and relative training. Until such time that he/she officially designates a
continue negotiations spokesperson, he/she may issue appropriate press statements and continue
3. Surrender to perform the role of the spokesperson.
• The basic policy in hostage taking incidents is “ no concession to hostage
takers” 1) The IC shall, upon assessment of the situation, prepare necessary plans
• However the overriding goals for any negotiation are the preservation of life including but not limited to the following:
and the safe release of hostages a) Emergency Response Plan - depends on the threat posed by the hostage-
takers and need of the HNT and IC.
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b) Breakout Plan - possibility of breakout shall be considered immediately 1. Containment of the Hostage Position- also known as operational
upon drawing up of negotiation strategy. This should be considered as one of containment. This includes but not limited to the following:
the priority plans. • Stabilization of the incident
c) Delivery Plan - in case the hostage-takers change plans in the middle of • Determining the exact location of the hostage-taker
the execution. • Physically containing the actions of the smallest area
d) Surrender Plan - shall be drawn up in a way that the Hostages’ lives will • Isolation of the scene
not be jeopardized. • Blocking avenues for escape
e) Hostage Reception/Release - for security reasons, released hostages shall
be contained and isolated. 2. Communication- establishing contact with the hostage-taker is the first
f) Collection Plan - safety of the police personnel involved is the priority order of business; this may be initiated by either the hostage takers of the
consideration. authorities.

2) In handling hostage situations, the IC shall be guided by the 3. Visual and Audio Surveillance
following courses of actions: • Binoculars
2.1. Negotiate • Telescope
(1) Situation must be stabilized first before the start of the negotiation. • Portable searching lights
(2) All attempts to negotiate must be done by remote means. • Night vision devices
(3) Adherence to the basic policy on safety of the hostage shall be • Television camera
paramount. • Spike or contact microphone
(4) Do not allow outsiders (non-law enforcement officers) into the negotiation • Telephone
process, unless their presence is extremely necessary in the solution of the • Intercoms
crisis. If so, they shall be properly advised on the Do’s and Don’ts of the
hostage negotiation. 4. Assault alternative-refers to the responding to hostage takers once the
(5) Provide relevant information to the tactical teams. decision to engage has been made.
(6) All communication with the hostage-taker must be secured and
protected.
(7) Always adhere to the ethics of negotiation. Hostage Negotiation and Recovery
2.2. Arrest
(1) Effect the arrest of the hostage-taker when situation warrants. Negotiation Approach- systematic process of starting to work on a task of
(2) Restrain the hostage-taker and conduct thorough search on his/her body negotiating and dealing with hostage-takers, in which the primary
and the immediate vicinity of the incident scene. consideration are the arrangements of terms and conditions between the
(3) Inform the arrested person of the circumstances of his/ her arrest, and authorities and suspects, which are necessary for the release of the
recite the Miranda warning, and anti torture warning. hostage/s
(4) All evidence must be secured and properly documented.
(5) Use reasonable force in arresting the hostage-taker. Negotiation –process in which two or more persons, groups or entities with
(6) Facilitate the transport of the hostage-taker to the nearest police station. conflicting interests voluntarily engage in a dialogue or discussion in order to
arrive at an agreement that will benefit all the parties concerned.
2.3. Tactical assault
(1) It may be resorted to if the hostage-taker poses imminent danger of Critical Points to Remember in Negotiation:
causing death or injury to the negotiator or hostage. • Goal is to reach an agreement that will benefit the concerned
(2) When all peaceful means were utilized and failed and the hostage-taker is individual/groups.
determined to become more violent. • A good negotiation fosters stronger working relationship between people or
(3) When peaceful resolution of the incident becomes impossible. groups and promotes mutual understanding among the concerned
individuals/groups, especially after reaching an agreement.
c. Hostage Negotiation Team (HNT) Negotiators shall be designated by IC. No • All negotiators must be willing to work with those who have conflicting
one shall be allowed to talk to the hostage-taker without clearance from the interest.
Negotiator or IC. The HNT is directly under the control and supervision of • Negotiation can only be possible when both parties acknowledge the
the IC. The HNT consists of the team leader/coordinator, primary negotiator, legitimacy of each other’s conflicting viewpoints and are willing to work out a
secondary negotiator, intelligence liaison/recorder and board negotiator. The solution or agreement in order to arrive at a win-win solution.
HNT shall: • Negotiators should learn how to give and take in order to achieve their
1) Set-up Negotiation Operation Center (NOC); desired outcomes and to find lasting solutions.
2) Initiate contact with the hostage-taker and obtain other information; • A good negotiation ends with all players winning or gaining something.
3) Give updates to the IC and brief him/her of the current situation; • negotiation involves and exchange of ideas between individuals.
4) Evaluate the necessity of resorting to other option without compromising • Every negotiator must have a high stress threshold and knowledge of
the safety of the hostage(s); human psychology.
5) Recommend for activation of CMC and deployment of CIMTG as • It is a must that before entering any negotiation, the negotiator must have
necessary; the background information vital to negotiating with the concerned parties.
6) Facilitate all deliveries, hostage receptions, and release and possible • All options must be weighed before agreeing to enter into negotiations.
surrender of hostage-taker; and • All negotiators must have the determination to take calculated risks to
7) Attend to all meetings called by the CMC or IC. avoid manipulation by the other party.
• When negotiating as a team, always get the commitment of every team
d. Assault Team An assault team shall be alerted for deployment in case the member before entering the meeting. Team members must be involved in
negotiation fails. Members of the assault team shall wear authorized and every action.
easily recognizable uniform during the conduct of the operation. • In all negotiations, always look beyond what the other party is openly
demanding.
e. Crowd Control -A crowd control team shall be deployed to manage and • All lines of communication between parties must be open.
control the crowd and augment the first responders in securing the • Maintain a positive attitude in cases when the negotiation did not work.
perimeter. • If deceit is to be used, tell lies but don’t get caught. Reevaluate your choices
and pursue another path; and
f. Support Personnel.-Support personnel shall include those in charge of • Negotiators must be alert and always ready to spot and resolve tactics such
managing traffic, firefighting, providing medical emergency assistance, crime as deadline and deadlock pressure, as well as lingering concerns and other
scene processing and rescue. potential barriers to the successful execution of a negotiated agreement. If
left unattended, these could lead to a breakdown in the agreement.
g. After the neutralization of the hostage-taker/s and rescue of the
hostage/s, the following processing and debriefing procedures shall be under Eight Steps in the Negotiation Process:
taken: 1. All of the players should be clear with their interests and demands.
1) Clear and secure the crime scene to avoid contamination of evidence; 2. Identify and acknowledge all conflicts and issues which need to be
2) Evacuate the hostages and other injured persons; resolved.
3) Conduct CSI; 3. Agree on a common goal.
4) Conduct debriefing on the hostages and participating personnel; 4. Bargain for a better deal
5) Take the sworn statement of witnesses, hostages, hostage-taker, and key 5. trade concessions
participants in the incident; 6. try to resolve the issues and problems of all those concerned
6) Initiate case conferences to facilitate filing of cases; 7. compromise
7) Issue press statements; 8. conclude with a formal or written agreement.
8) Submit reports to higher headquarters; and
9) Deactivate the CMC and CIMTG. Four Negotiation Stages and Critical Tasks:
1. Preliminary Stage
Tactical Procedures to be Followed in a Hostage Taking Incident • Create a climate conducive to the positive exchange of views and issues
such as resolving all past disputes/conflicts.
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• Establish rapport
2. Opening Stage Qualities of Negotiators:
• Initial offer must be clearly stated.
• The other party’s opening position or initial demand must be clarified and 1. Communication
must be tested in a logical and relational manner. Articulate
3. Exploratory Stage Capable of measured delivery and of having a calming influence
• Identify the other party’s underlying demands and needs through active Active listening skills and ability to take charge of conversation
listening and probing through asking questions; and Must be able to make people feel confident in opening up in
• Test alternatives currencies of exchange must be tested. conversation
4. Conclusion or the Closing Stage
• Currencies (terms) must be matched to the needs. 2. Cognitive Skills
• Ensure that what has been agreed upon is enacted or implemented as Mentally agile
planned using the appropriate form such as a contact or a memorandum of Logical, rational
agreement. Think ahead, understand the value of intelligence and be able to
develop strategy
Eight Sources of Power in a Negotiation Process: Be flexible and adaptive with the ability to think creatively and
1. Information laterally
2. Time
3. Less need- a party is in a weaker position if he/she has greater need to do 3. Relationship with the People
business than the other players in the process. 4. Professional Competence
4. Credibility 5. Personal Qualities
5. Willingness to take risks Good emotional control
6. Commitment Undeterred by failure
7. Expertise Confident and self- assured but without arrogance and self-
8. Empathy importance
Must be honest with himself/herself, confronting feelings and
Hostage Crisis Negotiation- the primary concern for every negotiation accepting responsibility and must be physically and mentally fit.
should always be for the safe release of the hostages and safe surrender of
the hostage-takers or arrest of the perpetrators. Duties and Responsibilities of Negotiators:
1. Ensure that the policy on saving lives of the hostages and hostage takers
The following shall not be provided in exchange for the safe release of shall be adhered
the hostages: 2. report to the Incident/ On-scene Commander
• Release of prisoners serving sentences in prison 3. Come up with a negotiation strategy
• Major policy or constitutional changes 4. Communicate with perpetrator or hostages
• Escape from prosecution of any person 5. Coordinate to the SWAT Commander
• Capitulation by any authority 6. Record all messages, information, statements
7. development and dissemination of intelligence information gained through
Objectives of Negotiation negotiations
1. the safe release of the hostage 8. ensure the safety of all negotiators
2. the safe hand over of the perpetrators 9. maintain good physical condition and develop an effective relief system in
3. arrest(apprehension) of the perpetrators case the activity will be extended for more than 24 hours
4. Minimize harm to both the hostage and the hostage-takers; and 10. conduct of hot debriefings
5. Minimize damage to properties
Crisis Negotiating Team- under the control and supervision of the On-
Additionally, for the purpose of gaining tactical advantage, negotiation Scene Commander or Incident Commander. It is one of the elements of the
should also aim to achieve the following objectives: Critical Incident Management Group.
• To gather intelligence from the stronghold
• To gain enough time for the assault preparation Incident/On-Scene Commander
• To establish routine among the perpetrators Negotiation Team Leader/Coordinator- an experienced and
• To build rapport with the perpetrators competent negotiator with sound operational skills.
• To build stability within the stronghold Primary Negotiator- principal negotiator.
• To provide time to explain the police activity to the perpetrators and the Secondary Negotiator- gives direct support to the Primary
hostages. Negotiator in interpreting and implementing the Incident/On-Scene
Commander’s overall strategy through negotiation tactics.
Effects of Buying Time in Hostage Negotiation: Intelligence/Recorder Negotiator- provides a communication link
between the negotiators and the remainder of the police command structure.
Police Perspective: Board Negotiator- it is the “board person” who maintains a visual
display of all information relevant to the negotiations.
Time allows the police to:
Assemble its resources Hostage-taker’s demands
Draw a detailed plan on its actions
Increase opportunity for external and internal intelligence Demands can be threats to negotiation process or it may be an opportunity
gathering for the negotiator.

However, it will also bring: Should be handled with care


Additional problems on the possible arrival of more media Always think tactically
practitioners Seek reciprocation
Increase cost of operations; and Sow seeds of doubt- it should impress upon the hostage-takers
More stress and exhaustion on the part of the police personnel that even if they are in the shoes of the police personnel they will not give in
to these demands.
Hostage Perspective: Seek precise details of these demands
For the Hostages, time allows the following : In case of multiple demands, deal with the easy ones first.
Increases human needs
Identifies as an individual Types of Demands:
Reduces anxiety 1. Negotiable Demands
Exhaustion Food
Boredom Cigarettes
Increase opportunity for escape; and Drinks
Stockholm Syndrome may develop Alcohol
Transportation
Hostage-takers Perspective- time allows and increases rationality among the Media coverage
perpetrators. Freedom

Hostage Negotiation Check off List: 2. Non- negotiable Demands


Weapons/ammunition
1. The details of what has happened Drugs
2. The details of the Stronghold Release of prisoners
3. The details of the hostages Exchange of hostages
4. The details of the Hostage-takers
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Guidelines in handling demands Strike-means any temporary stoppage of work by the concerted action of
Do not seek or ask for them employees as a result of an industrial or labor dispute.
Do not ignore them. List them down. -Picket-a person or group of people standing outside a place of work or other
Don not say “yes” or “no” to them venue, protesting something or trying to persuade others not to enter during
Don not misunderstand them. a strike.
Do not call them “demands.” Once you agree to some of these
demands, the hostage taker might ask for another and you may not be able -Picketing is a form of protest in which people (called pickets or picketers)
to give it to them congregate outside a place of work or location where an event is taking
Listen to anything and do not give anything away. place.
Do not make any offer
Do not make offers outside your control. You may not be able to -While a strike focuses on stoppage of work, picketing focuses on publicizing
fulfill this and it will destroy the rapport you have built up. the labor dispute and its incidents to inform the public of what is happening
Do not dismiss demands as trivial, who knows this might the key in the company struck against.
to your success.
Do not resurrect forgotten demands. Lockout- means any temporary refusal of an employer to furnish work as a
result of an industrial or labor dispute.
PNP Procedures in a Hostage Situation:
1. Activate a Critical Incident Management Committee Grounds for the Valid Exercise of the right to Strike or lockout:
2. Secure and isolate the incident scene 1. Unfair labor practices
3. ensure control of communication lines and simultaneously ensure that all 2. Bargaining Deadlock- failure to agree on the terms and conditions of the
other lines are cut off, along with electricity and water supply to allow for Collective Bargaining Agreement between the management and the union.
maximum bargaining
4. Bar unauthorized persons from entering and exiting the incident scene Different Forms of Labor Strikes:
5. Record the witnesses’ names, addressed, and other information
6. direct the witness to a safe location 1. Legal Strike – allowed by law
7. evacuate all victims/injured persons immediately when the opportunity
permits 2. Illegal Strike – purpose not recognized by law
8. ensure that the arrest of the perpetrator shall be the last paramount
concern 3. Economic Strike- to force wage or other economic concessions from the
9. Conduct debriefing immediately after the conclusion of the incident. employer which he is not required by law to grant.

VIII. DISPUTE RESOLUTION 4. Unfair Labor Practice (ULP) Strike- one called to protest against
employer’s acts of unfair practices enumerated by law.
Dispute Resolution- refers to number of processes used to resolve
conflict/dispute between parties. 5. Slow Down Strike- one staged without the workers quitting their work but
by merely slackening or by reducing their normal output.
Dispute- a disagreement, argument, or controversy, that gives rise to a legal
proceeding such as arbitration, mediation, or a lawsuit. 6. Wild-Cat Strike- one declared and staged without filing the required notice
of strike and without the majority approval of the recognized bargaining
Types of Dispute Resolution: agent.
1. Litigation- the process of resolving disputes by filing or answering a
complaint through the public court system. 7. Sit Down Strike- one where the workers stop working but do not leave
their place of work.
2. Alternative Dispute Resolution- refers to the procedure for settling
disputes without litigation, such as arbitration, mediation, or negotiation. Legal Requirements in Conducting Strikes and Lockouts:

Alternative Dispute Resolution System in the Philippines -A strike or lockout NOTICE shall be filed with the National Conciliation and
Mediation Board (NCMB) at least 15 days before the intended date of the
Republic Act No. 9285- "Alternative Dispute Resolution Act of 2004." strike or lockout if the issues raised are unfair labor practices, or at least 30
days before the intended date thereof if the issue involves bargaining
(a) "Alternative Dispute Resolution System" means any process or procedure deadlock.
used to resolve a dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a government agency, as defined in In cases of dismissal from employment of union officers duly elected in
this Act, in which a neutral third party participates to assist in the accordance with the union constitution and by-laws, which may constitute
resolution of issues, which includes arbitration, mediation, conciliation, UNION BUSTING where the existence of the union is threatened, the 15-day
early neutral evaluation, mini-trial, or any combination thereof; cooling-off period shall not apply and the union may take action immediately
after the strike vote is conducted and the result thereof submitted to the
Types of Alternative Dispute Resolution: Department of Labor and Employment.
1. Arbitration- means a voluntary dispute resolution process in which one or
more arbitrators, appointed in accordance with the agreement of the parties, -A strike must be approved by a majority vote of the members of the Union
or rules promulgated pursuant to this Act, resolve a dispute by rendering an and a lockout must be approved by a majority vote of the members of the
award; Board of Directors of the Corporation or Association or of the partners in a
--Arbitrator-means the person appointed to render an award, alone or with partnership, obtained by secret ballot in a meeting called for that purpose .
others, in a dispute that is the subject of an arbitration agreement;
--Award-means any partial or final decision by an arbitrator in resolving the -A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional
issue in a controversy; Branch at least 7 days before the intended strike or lockout subject to the
cooling-off period.
2. Mediation- means a voluntary process in which a mediator, selected by
the disputing parties, facilitates communication and negotiation, and assist -In the event the result of the strike/lockout ballot is filed within the cooling-
the parties in reaching a voluntary agreement regarding a dispute. off period, the 7-day requirement shall be counted from the day following the
--Mediator- means a person who conducts mediation; expiration of the cooling-off period. (NSFW vs. Ovejera, G.R. No. 59743, May
--Information obtain through mediation is privileged and confidential 31, 1982) In case of dismissal from employment of union officers which may
constitute union busting, the time requirement for the filing of the Notice of
3. Conciliation- also known as negotiation, it is the least formal type of ADR. Strike shall be dispensed with but the strike vote requirement, being
The goal of conciliation is to help parties to come to a consensus on their mandatory in character, shall “in every case” be complied with.
own, parties can involve a neutral third party into their conciliation to help
facilitate an agreement. -The dispute must not be the subject of an assumption of jurisdiction by the
President or the Secretary of Labor and Employment, a certification for
Labor Dispute compulsory arbitration, or submission to compulsory or voluntary
arbitration nor a subject of a pending case involving the same grounds for
Labor dispute (PD 442, Labor Code of the Philippines)--includes any the strike or lockout.
controversy or matter concerning terms and conditions of employment or the
association or representation of persons in negotiating, fixing, maintaining, PNP General Policy and Guidelines on Labor Disputes
changing or arranging the terms and conditions of employment, regardless of
whether the disputants stand in the proximate relation of employer and 1) General Policy and Guidelines
employee. a) The involvement of PNP personnel during strikes, lockouts and labor
disputes in general shall be limited to the maintenance of peace and order,
Strikes, Picketing, Lockouts enforcement of laws, and implementation of legal orders of the duly

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: noliboyingcad@gmail.com
constituted authorities. b) In case of actual violence, the police can respond occupying the first line of law enforcement and civil disturbance control;
without the written request. shall not participate in the physical dismantling of any structure subject of
c) No PNP personnel shall be allowed to render police assistance in demolition; and shall use only necessary and reasonable force.
connection with a strike or lockout if there is question or complaint as
regards his/her relationship by affinity or consanguinity to any 2) Procedures in the Enforcement of a Demolition and/or Ejectment Order
official/leader of the parties in the controversy or if he has financial or a) Risk and threat assessment shall be conducted;
pecuniary interest therein.
d) PNP personnel detailed as peace-keeping force in strike or lockout areas b) PNP personnel should be informed of the prevailing situation and their
shall wear the prescribed police uniform. tasks;
e) They shall exercise maximum tolerance and when called for by the
situation or when all other peaceful and non-violent means have been c) Strict observance of Human Rights must be adhered;
exhausted, police officers may employ such means as may be necessary and
reasonable to prevent or repel an aggression. d) As much as practicable, the COP shall lead the PNP contingent detailed to
f) The matter of determining whether a strike, picket or lockout is legal or assist the Sheriff or equivalent officer during the demolition/ejectment
not should be left to Department of Labor and Employment (DOLE) and its activity;
appropriate agencies. PNP personnel should not interfere in a strike, picket
or lockout, except as herein provided. e) All PNP personnel involved shall desist from the use of any unnecessary
g) No personal escort shall be provided to any of the parties to the force or any act that may harm, harass, or terrorize the affected parties;
controversy unless upon written request from DOLE. Whenever escorts are
to be provided, the other party shall be informed accordingly. All escorts f) The mode of participation shall be limited to the maintenance of peace and
shall be in prescribed uniform. order during the entire demolition/ejectment activity, ensuring the
h) During the pendency of a strike/lockout, the police personnel concerned protection of all parties from harm and injury;
are prohibited from socializing with any of the parties involved in the
controversy. g) Tear gas, water cannons, and reasonable force shall be used only when all
i) Liaison shall be established and maintained with the representatives of other peaceful and non violent means have been exhausted;
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 h) Any PNP member whose families are affected with the demolition or
peaceful dialogue between the parties to the strike/lockout. ejectment shall adhere to the order issued by competent authority. In no
j) The peace-keeping detail shall establish a command post outside the 50- case shall a PNP member intervene during the implementation of such order
meter radius from the picket line. A PCO shall be designated as or enforcement of demolition and/or ejectment; and
Head/Commander of the peace keeping force that will be responsible for the
command and control of the detailed personnel. The members of the i) The COP shall ensure the presence of fire and medical teams in the activity
peacekeeping detail shall stay outside a 50-meter radius from the picket line. area.
However, in cases wherein the 50-meter radius includes a public
thoroughfare, they may station themselves in such public thoroughfare to ADR in the Philippines
ensure that the flow of traffic will be unhampered. Cooperative Development of the Philippines
2) Applicable Legal Parameters • Complaint
The pertinent provisions of the Public Assembly Act of 1985 (Batas • Appointment of Legal Officer by CDA
Pambansa 880), the Labor Code of the Philippines, as amended and other • Mediation
applicable laws, shall be observed during rallies, strikes, demonstrations or • Mediation Failed- No agreement
other public assemblies. Law enforcement agents shall, at all times: • Arbitration
a) Exercise maximum tolerance;
Philippine Construction Industry Arbitration Commission (CIAC)
b) In case of unlawful aggression, only reasonable force may be employed to Dispute involving construction Industry
prevent or repel it; • Mediation (not prohibited)
• Arbitration
c) The employment of tear gas and water cannons shall be made under the • Arbitral Award
control and supervision of the Ground Commander; and
Department of Agrarian Reform and Adjudication Board
d) No arrest of any leader, organizer, or participant shall be made during the
public assembly, unless he/she violates any pertinent law as evidence • Mediation before the Barangay Agrarian Reform Committee
warrants. • Arbitral Award
• Appeal to the DAR
Demolition and Ejectment Order • Appeal to Court of Appeals
Demolition Refers to the dismantling by the Local Government Unit (LGU)
any legally authorize agency or personnel of the government of all the National Conciliation and Mediation Board
structures within the premises subject for clearing
Resolve certain labor disputes (collective bargaining agreement)
Eviction- refers to the removal of a person and their belongings from a
subject building, structure, or area. • Parties may negotiate
• Failed- NCMB conducts conference
Role of the PNP in the Enforcement of a Demolition and/or Ejectment • Conciliation
Order • Failed– adjudication by the National Labor Relations Commission
National Labor Relations Commission
a) Police assistance in the enforcement or implementation of a demolition or
ejectment order shall be granted only upon a written request of the Sheriff or • Labor Disputes:
equivalent officer in quasi judicial and administrative bodies accompanied by • Termination
a valid order issued by a competent court, quasi-judicial or administrative • Unfair labor practices
body and, when required, with written permission from the Local Housing • Labor standards
Board in accordance with Executive Order (EO) 708 amending EO 152 and Bureau of Labor Relations
Department of Interior and Local Government (DILG) Memo Circular No. • Inter-union and Intra-Union
2008-143. The proponent shall only be provided with police assistance upon The Commission on the Settlement of Land Problems
presentation of Certification from the Local Housing Board that • Mediation
requirements under RA 7279 are complied with for urban areas. Moreover, • Arbitration
said police assistance shall be coordinated with the concerned LCE before its Insurance Commission
enforcement. In no case shall a demolition involving informal settlers be • Mediation
effected without a pre demolition conference with the presence of all parties • Conciliation
involved. • Arbitration

b) The conduct of pre-demolition conference in cases where the affected Bureau of Trade Regulation and Consumer Protection
families are informal settlers shall be mandatory before the provision of • Mediation and Arbitration
police assistance. The Court-Annexed Pilot Mediation Project
Katarungang Pambarangay
c) The duties of PNP personnel in any demolition or ejectment activity shall
be limited to the maintenance of peace and order, protection of life and
property, and enforcement of laws and legal orders. “SA CHAPS REVIEW CENTER IKAW ANG BIDA
AT SUSUNOD NA REGISTERED CRIMINOLOGIST!!!”
d) PNP personnel tasked to provide police assistance shall be in prescribed
uniform during the actual demolition. They shall be limited only to
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.

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