Applying the principles governing alternative dispute

DISPUTE RESOLUTION AND CRISES/INCIDENTS resolution will provide the opportunity for the parties
MANAGEMENT involved in to settle the issue in their own expense with the
support of the local community, authorities of the law and
ARNEL A. ENDE, RCrim responsible social organizations with the aim of restoring
interpersonal relations thereby contributory to the public
TABLE OF CONTENTS safety and promotion of peace in general.

Chapter 1 DISPUTE RESOLUTION SYSTEM Amicable settlement on the other hand, was formally
AND AMICABLE SETTLEMENT institutionalized in order to help relieve the courts of such
1.1 Concept of Conflict docket congestion and thereby enhance the quality of justice
1.2 Phases of Conflict Resolution dispensed by them. In this premise the context of restorative
Strategies justice has served to reference the objective of amicably
1.3 Conflict Resolution Strategies settling disputes at the elementary level within the Barangay
Chapter 2 DISPUTE Justice system, primarily with the objective of restoring
2.1 Dispute and Conflict personal relations and initiate effort from those that are
2.2 Alternative Dispute Resolution mainly affected.
2.3 Republic Act 9285
2.4 Methods for Resolving Conflicts and Lesson 1.1 CONFLICT
Disputes
2.5 Court- Annexed Mediation Conflict is defined as a clash between individuals arising out
2.6 Judicial Dispute Resolution of a difference in thought process, attitudes, understanding,
2.7 Early Neutral Evaluation interests, requirements and even sometimes perceptions.
Chapter 3 RESTORATIVE JUSTICE
3.1 Restorative Justice A conflict results in heated arguments, physical abuses and
3.2 Amicable Settlement loss of peace and harmony. A conflict can change
3.3 Katarungang Pambarangay relationships. Friends can become foes because of conflict.
Chapter 4 REFORMATIVE JUSTICE
4.1 Transformative Justice A Conflict not only can arise between individuals but also
Chapter 5 CRISIS among countries, political parties, and states as well. A small
5.1 Types of Crisis conflict not controlled at the correct time may lead to a large
Chapter 6 CONCEPT OF CRISIS MANAGEMENT war and rifts among countries leading to major unrest and
6.1 Phases of Crisis Management disharmony.
6.2 Hostage Taking
6.3 The Hostage Taker
6.4 The Negotiation Model Lesson 1.2 Phases of conflict
6.5 Prison Hostage Situation
6.6 Planning and Preparation for Conflict has five phases.
Hostage Situation
Chapter 7 CRITICAL INCIDENT MANAGEMENT 1. Prelude to conflict - It involves all the factors which possibly
arise a conflict among individuals. Lack of coordination,
CHAPTER 1 differences in interests, dissimilarity in cultural, religion,
CONCEPT OF CONFLICT educational background all are instrumental in arising a
conflict.
Alternative Dispute Resolution Act of 2004 came into law for
the purpose of promulgating the prescribe procedures and 2. Triggering Event - No conflict can arise on its own. There
guidelines for its implementation along with the policy of the must be an event which triggers the conflict. Jenny and Ali
state: never got along very well with each other. They were from
1. To promote party autonomy in the resolution of disputes different cultural backgrounds, a very strong factor for
or the freedom of the parties to make their own possibility of a conflict. Ali was in the mid of a presentation
arrangements to resolve their disputes; when Jenny stood up and criticized him for the lack of
relevant content in his presentation, thus triggering the
2. To encourage and actively promote the use of Alternative conflict between them.
Dispute Resolution (“ADR”) as an important means to achieve
speedy and impartial justice and to de-clog court dockets; 3. Initiation Phase - Initiation phase is the phase when the
conflict has already begun. Heated arguments, abuses, verbal
3. To provide means for the use of ADR as an efficient tool disagreements are all warning alarms which indicate that the
and an alternative procedure active private sector fight is already on.
participation in the settlement of disputes through ADR.

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4. Differentiation Phase - It is the phase when the individuals
voice out their differences against each other. The reasons This method involves simply ignoring the fact that there
for the conflict are raised in the differentiation phase. may be a conflict. People tend to avoid conflict when they
5. Resolution Phase - A Conflict leads to nowhere. Individuals do not wish to engage in it. Avoiding allows them to ignore
must try to compromise to some extent and resolve the that there is a problem.
conflict soon. The resolution phase explores the various
options to resolve the conflict. There are situations in which avoiding conflict can be an
appropriate response, such as when there is no clear
Conflicts can be of many types like: solution, or a frustrated party needs time to calm down
before confrontation. However, avoidance can require
a. verbal conflict, more effort than merely facing the problem and can cause
b. religious conflict, friction between the disagreeing parties.
c. emotional conflict,
d. social conflict, 3. Compromising
e. personal conflict,
f. organizational conflict, Also known as reconciling, compromising seeks a mutual
g. community conflict and so on. agreement to settle a dispute. Both parties willingly forfeit
some of their conditions in the interest of reaching an
What is conflict resolution? agreement. This can be a quick way to resolve a conflict
without it becoming a bigger issue. Compromise can also
Conflict resolution is a way for opposing parties to find a be used as a temporary method to avoid conflict until the
peaceful solution to their disagreement that leaves all parties parties involved can implement a more permanent
reasonably satisfied. Sometimes, the person who resolves a solution.
conflict may be a neutral party or mediator while at other
times, they may be someone involved in the conflict who It is appropriate to compromise when it would not be
takes an outside perspective to find a solution. possible to make both sides completely happy while still
moving forward.
The ability to resolve conflicts is often seen as a leadership
trait. People who can identify conflicts, acknowledge 4. Collaborating
different opinions, and build a consensus are valuable to
many organizations. They make it more likely for personal Like the compromising method, collaboration involves
differences to be set aside so work can continue. working with the other party to find a mutually agreeable
solution to a problem. For example, a salesperson and
Here are some of the most common reasons that conflict client may work together to negotiate contract terms until
occurs at work both parties find it agreeable.

• Different personalities or perspectives, 5. Competing

• Unresolved problems from their past,
• Feeling of competition with one another, Competing is an uncooperative, overly assertive method
• Poor communication skills, used by people who insist on winning the dispute at all
• Uncertainty about roles or responsibilities costs. This method is not often identified as bringing
satisfactory resolutions, as it doesn’t allow for
Lesson 1.3 THE 5 CONFLICT RESOLUTION STRATEGIES collaborative problem-solving.

There are five common strategies or methods to resolve

conflicts in the workplace:

1. Accommodating

This method of conflict resolution, also known as

smoothing, involves one party acquiescing, giving the
opposing party exactly what it needs to resolve the
problem.

In some cases, accommodating can be an appropriate

resolution to conflict. For example, if your opinion on the
matter is not very strong, it is often easier to comply. This
method allows you the chance to resolve a problem in the
short term while working toward a long-term solution.

2. Avoiding
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 Lesson 2.3 ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN
THE PHILIPPINES
CHAPTER 2 DISPUTE (Republic Act No. 9285)

What does Dispute mean? Policy of the State

A dispute is a disagreement, argument, or controversy— The following statements provides the Policy of the State as
often one that gives rise to a legal proceeding (such as reference for the sustenance of social justice and promotion
arbitration, mediation, or a lawsuit). The opposing parties are of peace while making it at the early stage of resolution.
said to be averse to one another (see also adverse party).
 To promote party autonomy in the resolution of
Lesson 2.1 What is the difference between Conflict and disputes or the freedom of the parties to make their
Dispute? own arrangements to resolve their disputes.

Dispute vs. Conflict  To encourage and actively promote the use of

Distinction Dispute Conflict Alternative Dispute Resolution (“ADR”) as an important
short-term means to achieve speedy and impartial justice and to
Term long-term de-clog court dockets.
disagreement
cannot be
easily  To provide means for the use of ADR as an efficient tool
resolved; and an alternative procedure for the resolution of
can be
appropriate cases; and
resolved
possibility of
Resolution through
judicial or
resolving  To enlist active private sector participation in the
them is very settlement of disputes through ADR.
other means
remote.
Terms to Ponder
very volatile
broad area of a. Alternative Dispute Resolution – a means to achieve
Area specific
issues speedy and impartial justice to de-clog court dockets.
more serious
Not serious and sensitive b. ADR Provider means the institutions or persons
in nature accredited as mediators, conciliators, arbitrators’
neutral evaluators or any person exercising similar
functions in any Alternative Dispute Resolution system.
Lesson 2.2 Alternative Dispute Resolution This is without prejudice to the rights of the parties to
choose non-accredited individuals to act as mediator,
Alternative dispute resolution (ADR), or external dispute conciliator, arbitrator or neutral evaluator of their
resolution (EDR), typically denotes a wide range of dispute dispute.
resolution processes and techniques that parties can use to
settle disputes, with the help of a third party. They are used c. Alternative Dispute Resolution System means any
for disagreeing parties who cannot come to an agreement process or procedure used to resolve a dispute or
short of litigation. However, ADR is also increasingly being controversy, other than by adjudication of a presiding
adopted as a tool to help settle disputes alongside the court judge of a court or an officer of a government agency, as
system itself. defined in the ADR Act, in which a neutral third person
participates to assist in the resolution of issues,
Republic Act No. 9285 or the Alternative Dispute Resolution including arbitration, mediation, conciliation, early
Act of 2004 enacted by the Philippine Congress is the neutral evaluation, mini-trial or any combination
declared policy of the State to actively promote party thereof.
autonomy in the resolution of disputes or the freedom of the
parties to make their own arrangements to resolve their d. Arbitration means a voluntary dispute resolution
disputes. Towards this end, the State shall encourage and process in which one or more arbitrators, appointed in
actively promote the use of ADR as an important means to accordance with the agreement of the parties of these
achieve speedy and impartial justice and de-clog court Rules, resolve a dispute by rendering an award.
dockets. To achieve this, the State shall provide means for
the use of ADR as an effective tool and alternative procedure e. Arbitration Agreement means an agreement by the
for the resolution of appropriate cases. parties to submit to arbitration all or certain disputes
which have arisen, or a= which may arise between them
in respect of a defiance legal relationship, whether
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 contractually or not. An arbitration agreement may be
in the form of an arbitration clause in a contract or in p. Special ADR Rules means the Special Rules of Court on.
the form if a separate agreement. Alternative Dispute Resolution issued by the Supreme
Court on September 1, 2009.
f. Authenticate means to sign, execute, adopt a symbol or
encrypt a record in whole or in part, intended to identify Exception to the Applications of the ADR Act
the authenticating party and to adopt, accept or
establish the authenticity of a record or term. The provisions of the ADR Act shall not apply to the
resolution or settlement of the following:
g. Award means any partial or final decision by an
arbitrator in resolving the issue or controversy. 1) Labor disputed covered by Presidential Decree No.442,
otherwise known as the “Labor Code of the Philippines,
h. Confidential Information mean any information, as amended”, and its Implementing Rules and
relative to the subject of mediation or arbitration, Regulations.
expressly intended by the source not to be disclosed, or 2) The civil status of persons.
obtained under circumstances that would create a 3) The validity of marriage
reasonable expectation on behalf of the source that the 4) Any ground for legal separation.
information shall not be disclosed. It shall include: 5) The jurisdiction of courts.
6) Future legitime.
1) communication, oral or written, made in a dispute 7) Criminal liability.
resolution proceeding, including any memoranda, 8) Those disputes which by law cannot be compromised;
notes or work product of the neutral party or non- and
arty participant. 9) Disputes referred to court-annexed mediation.
2) an oral or written statement made, or which
occurs during mediation or for purposes of Liability ADR Providers/ Practitioners
considering, conducting, participating, initiating,
continuing or reconvening mediation or retaining a The ADR providers/ practitioners shall have the same civil
mediator; and liability for acts done in the performance of their official
3) Pleadings, motions, manifestations, witness duties as that of public officers, upon a clear showing of bad
statements, reports filed or submitted in faith, malice or gross negligence.
arbitration or for expert evaluation,
Lesson 2.4 Methods for Resolving Conflicts and Disputes
i. Counsel means a lawyer duly admitted to the practice of
law in the Philippines and in good standing who ADR or alternative dispute resolution
represents a party in any ADR process.
1. Negotiation,
j. Court means Regional Trial Court except insofar as 2. Mediation,
otherwise defined under the Model Law. 3. Arbitration

k. Government Agency means any governmental entity, Only 5% of all cases filed go to trial. ADR procedures are
office, or officer, other than a court, that is vested by excellent options for you in dealing with controversy,
law with quasi-judicial power or the power to resolve or allowing you to reach resolution earlier with less expense
adjudicate disputes involving the government, its than traditional litigation
agencies and instrumentalities or private persons.
1. NEGOTIATION
l. Model Law means the Model Law on International
Commercial Arbitration adopted by the United Nations Definition: Negotiation is the most basic means of settling
Commission on International Trade Law non 21 June differences. It is back-and-forth communication between
1985. the parties of the conflict with the goal of trying to find a
solution.
m. Proceedings means a judicial, administrative or other
adjudicative process, including related prehearing or The Process: You may negotiate directly with the other
post hearing motions, conferences and discovery. person. You may hire an attorney to negotiate directly
with the other side on your behalf. There are no specific
n. Record means information written on a tangible procedures to follow – you can determine your own – but
medium or stored in an electronic or other similar it works best if all parties agree to remain calm and not
medium, retrievable in a perceivable form. talk at the same time. Depending on your situation, you
can negotiate in the board room of a big company, in an
o. Roster means a list of persons qualified to provide ADR office or even in your own living room.
services as neutrals or to serve as arbitrators.

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 Negotiation allows you to participate directly in decisions could include trading something you have for something
that affect you. In the most successful negotiations, the the other party wants. If an agreement is reached, it will
needs of both parties are considered. A negotiated generally be put in writing. Most people uphold a
agreement can become a contract and be enforceable. mediated agreement because they were a part of making
it. If a lawsuit has been filed, the agreement is typically
When and How Negotiation is Used: Most people presented to the court as an enforceable order. If no
negotiate every day. In some circumstances, you may want lawsuit has been filed, the mediation agreement can
a lawyer to help you negotiate a fair deal. Negotiation is become an enforceable contract. If no agreement is
the first method of choice for problem solving and trying reached, you have not lost any of your rights, and you can
to reach a mutually acceptable agreement. If no pursue other options such as arbitration or going to trial.
agreement is reached, you may pursue any of the other
options suggested here. This process can be appropriately When and How Mediation is Used: When you and the
used at any stage of the conflict – before a lawsuit is filed, other person are unable to negotiate a resolution to your
while a lawsuit is in progress, at the conclusion of a trial, dispute by yourselves, you may seek the assistance of a
even before or after an appeal is filed. mediator who will help you and the other party explore
ways of resolving your differences. You may choose to go
Characteristics of Negotiation: to mediation with or without a lawyer depending upon the
type of problem you have. You may always consult with an
1) Voluntary attorney prior to finalizing an agreement to be sure you
2) Private and confidential have made fully informed decisions and all your rights are
3) Quick and inexpensive protected. Sometimes mediators will suggest you do this.
4) Informal and unstructured Mediation can be used in most conflicts, ranging from
5) Parties control the process, make their own decisions disputes between consumers and merchants, landlords
and reach their own agreements (there is no third- and tenants, employers and employees, family members
party decision maker) in such areas as divorce, child custody and visitation rights,
6) Negotiated agreements can be enforceable in court eldercare and probate, as well as simple or complex
7) Can result in a win-win solution business disputes or personal injury matters. Mediation
can also be used at any stage of the conflict, such as
facilitating settlements of a pending lawsuit.
2. MEDIATION
Who Provides This Service: Attorneys and other professionals
Definition: Mediation is also a voluntary process in which provide private mediation for a fee. If you have an attorney,
an impartial person (the mediator) helps with you can work together to select a mediator of your choice.
communication between the parties and promotes You may want a mediator who is knowledgeable about the
reconciliation, which will allow them to reach a mutually subject matter of your dispute. You may wish to use a for-fee
acceptable agreement. Mediation is often the next step if mediator in the first instance or if early settlement mediation
negotiation proves unsuccessful. has not resulted in a resolution of your dispute. You may also
find mediators or mediation services listed in the telephone
The Process: The mediator manages the process and helps directory or available on lists provided by some courts or
facilitate negotiation between the parties. A mediator private professional organizations. When selecting a
does not make a decision nor force the parties to reach an mediator, you should always check their credentials and get
agreement. The parties directly participate and negotiate references. Mediators qualified under the District Court
their own settlement or agreement. Mediation Act or certified pursuant to the Dispute Resolution
Act meet statutory standards of training and experience.
At the beginning of the mediation session, the mediator
will describe the process and ground rules. The parties, or You may also find mediation in our state and federal court
their attorneys, have an opportunity to explain their view systems called court-sponsored mediation. Generally, you
of the dispute. Mediation helps each side better and your attorney may select a private mediator or choose a
understand the other’s point of view. Sometimes the public service. Fees may apply. Judges are frequently
mediator will meet separately with each side. Separate referring cases to settlement procedures, such as mediation,
“caucusing” can help address emotional and factual issues to help litigants resolve their disputes in less time and with
as well as allow time for receiving legal advice from your less cost than litigation and trial.
attorney. Mediations are generally held in the office of the
mediator or another agreed neutral location. Characteristics of Mediation:

Agreements can be creative and tailored to your specific 1) Promotes communication and cooperation
needs. You could reach a solution that might not be 2) Provides a basis for you to resolve disputes on your own
available from a court of law. For example, if you owe 3) Voluntary, informal and flexible
someone money but don’t have the cash, rather than be 4) Private and confidential, avoiding public disclosure of
sued and get a judgment against you, settlement options personal or business problems

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5) Can reduce hostility and preserve ongoing relationships e) Each party will have the opportunity to present evidence
6) Allows you to avoid the uncertainty, time, cost and stress and make arguments
of going to trial f) May have a right to choose an arbitrator with specialized
7) Allows you to make mutually acceptable agreements expertise
tailored to meet your needs g) A decision will be made by the arbitrator that may resolve
8) Can result in a win-win solution the dispute and be final
h) Arbitrator’s award can be enforced in a court
3. ARBITRATION i) If nonbinding, you still have the right to a trial
j) Arbitration is not typically permitted for family law matters
Definition: Arbitration is the submission of a disputed matter
to an impartial person (the arbitrator) for decision. 4. LITIGATION (GOING TO COURT)

The Process: Arbitration is typically an out-of-court method Definition: Litigation is the use of the courts and civil justice
for resolving a dispute. The arbitrator controls the process, system to resolve legal controversies. Litigation can be used
listens to both sides and makes a decision. Like a trial, only to compel the opposing party to participate in the solution.
one side will prevail. Unlike a trial, appeal rights are limited.
The Process: Litigation is begun by filing a lawsuit in a court.
In a more formal setting, the arbitrator will conduct a hearing Specific rules of procedure, discovery and presentation of
where all parties present evidence through documents, evidence must be followed. The attorney for the other side
exhibits and testimony. The parties may agree to, in some will want to take your deposition to learn more about the
instances, establish their own procedure, or an facts as you see them and your position in the case. There
administrating organization may provide procedures. There can be a number of court appearances by you and/or your
can be either one arbitrator or a panel of three arbitrators. lawyer. If the parties cannot agree on how to settle the case,
An arbitration hearing is usually held in offices or other either the judge or a jury will decide the dispute for you
meeting rooms. through a trial.

The result can be binding if all parties have previously agreed A trial is a formal judicial proceeding allowing full
to be bound by the decision. In that case, the right to appeal examination and determination of all the issues between the
the arbitrator’s decision is very limited. An arbitrator’s award parties, with each side presenting its case to either a jury or a
can be reduced to judgment in a court and thus be judge. The decision is made by applying the facts of the case
enforceable. In nonbinding arbitration, a decision may to the applicable law. That verdict or decision can conclude
become final if all parties agree to accept it, or it may serve the litigation process and be enforceable; however, if
to help you evaluate the case and be a starting point for appropriate, the loser can appeal the decision to a higher
settlement talks. court. In some cases, the losing party may have to pay the
costs of the lawsuit and the other party’s attorney fees.
How and When Arbitration is Used: A common use of
arbitration is in the area of labor disputes – between If you cannot settle your differences through negotiation,
firefighters and the city in wage disputes, for example. You mediation, arbitration or some other means, you can pursue
will usually be represented by an attorney in arbitration. litigation through the courts with your lawyer.

Many contracts have clauses that require that disputes Characteristics of Litigation:
arising out of that contract be arbitrated. You may have seen
such a provision when you applied for a credit card or a. Involuntary – a defendant must participate (no
opened a retirement account or other account with a choice)
stockbroker. You may want to explore using this process if b. Formal and structured rules of evidence and
you and the other side agree that the problem needs to have procedure
someone make a decision, but you do not want the expense c. Each party has the opportunity to present its
of going through the court process. If you agree to arbitrate evidence and argument and cross-examine the other
or sign a contract with an arbitration clause, you should side – there are procedural safeguards
understand the arbitrator may make the final decision, and d. Public – court proceedings and records are open
you may be waiving your right to a trial in court. e. The decision is based on the law
f. The decision is final and binding
Characteristics of Arbitration: g. Right of appeal exists

a) Can be used voluntarily Lesson 2.5 What is Court-Annexed Mediation (CAM)?

b) Private (unless the limited court appeal is made)
c) May be less formal and structured than going to court, CAM is a voluntary process conducted under the auspices of
depending on applicable arbitration rules the court by referring the parties to the Philippine Mediation
d) Usually quicker and less expensive than going to court, Center (PMC) Unit for the settlement of their dispute,
depending on applicable arbitration rules assisted by a Mediator accredited by the Supreme Court.

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 What are the cases subject to CAM? 4. All cases under Republic Act No. 9262 (Violence against
Women and Children); and
The following cases shall be referred to CAM: 5. Cases with pending application for Restraining
Orders/Preliminary Injunctions.
a. All civil cases, except those which by law may not be However, in cases covered in numbers 1, 4 and 5 where the
compromised (Article 2035, New Civil Code); parties inform the court that they have agreed to undergo
b. Special proceedings for the settlement of estates. mediation on some aspects thereof, e.g., custody of minor
c. The civil aspect of Quasi-Offenses under Title 14 of the children, separation of property, or support pendente lite,
Revised Penal Code. the court shall refer them to mediation.
d. The civil aspect of criminal cases where the imposable
penalty does not exceed six years imprisonment and the Lesson 2.7 What is Early Neutral Evaluation?
offended party is a private person; and
e. The civil aspect of theft (not qualified theft), estafa (not Early Neutral Evaluation (ENE) is a form of alternative dispute
syndicated or large scale estafa), and libel. resolution in which an independent and impartial evaluator is
appointed to give the parties an assessment of the merits of
Lesson 2.6 What is Judicial Dispute Resolution (JDR)? their case.

JDR is a process whereby the judge (called the JDR Judge) The objective of an ENA is to give parties a realistic indication
employs conciliation, mediation or early neutral evaluation in of the strengths and weaknesses of their respective cases to
order to settle a case at the pre-trial stage. In the event the help inform the negotiations between the parties.
JDR fails, then another judge (called the trial judge) shall
proceed to hear and decide the case. Early Neutral Evaluation is typically a non-binding form of
alternative dispute resolution which is often without
What are the cases subject to JDR? prejudice (in other words hidden from the court) and can
help parties avoid further unnecessary stages in litigation.
The following cases shall be referred to JDR by Judges in
areas declared as JDR sites: How does it work?

1. All cases which were not successfully settled in CAM; In Early Neutral Evaluation, an independent party evaluates a
2. All appealed cases from the exclusive and original jurisdiction case at an early stage and expresses a preliminary view on
of the First Level Courts: the case. The independent third party is likely to be a judge,
o over civil cases and probate proceedings, testate and retired judge or QC. They hear each party’s submissions and
intestate, under Section 33, paragraph (1) of the Judiciary then state their view on the likely outcome at trial. That view
Reorganization Act of 1980; is without prejudice and has no binding effect.
o over cases of forcible entry and unlawful detainer under
Section 33, paragraph (2) of the Judiciary Reorganization Act ENE can be pursued through the courts or through an
of 1980; organization. The court has the power to order an ENE
o over civil cases involving title to or possession of real hearing. The idea is that this will then encourage the parties
property or an interest therein under Section 33, paragraph to form a realistic view of the realities of their case and
(3) of the Judiciary Reorganization Act of 1980; and attempt to settle with the other side.
o over a habeas corpus case decided by the judge of the first
level court, in the absence of all the Regional Trial Court Early Neutral Evaluation can be used as a stand-alone dispute
judges in the province or city, that are brought up on appeal resolution method, where the parties attempt to settle the
from the special jurisdiction granted to the first level courts dispute immediately following the ENE. Alternatively, it can
under Section 35 of the Judiciary Reorganization Act of 1980. be used as springboard for mediation.

What are the cases that cannot be referred to CAM and CHAPTER 3
JDR? THE RESTORATIVE JUSTICE

The following cases shall not be referred to CAM and JDR: Restoration -- repairing the harm and rebuilding relationships
in the community -- is the primary goal of restorative juvenile
1. Civil cases which by law cannot be compromised, as follows: justice. Results are measured by how much repair was done
o The civil status of persons. rather than by how much punishment was inflicted. Crime
o The validity of a marriage or a legal separation. control cannot be achieved without active involvement of the
o Any ground for legal separation. community.
o Future support.
o The jurisdiction of courts; and Lesson 3.1 What is Restorative Justice?
o Future legitime.
2. Civil aspect of non-mediatable criminal cases. Restorative justice refers to “an approach to justice that
3. Petitions for Habeas Corpus. seeks to repair harm by providing an opportunity for those

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 harmed and those who take responsibility for the harm to History
communicate about and address their needs in the aftermath
of a crime”. There has long been a traditional, local system of resolving
disputes. Presidential Decree 1508 talks an unofficial “time-
Restorative Justice: honored tradition of amicably settling disputes among family
and barangay members at the barangay level without judicial
 Provides opportunities for victims, offenders, and resources”.
communities affected by a crime to communicate (directly or
indirectly) about the causes, circumstances, and impact of Alfredo Flores Tadiar was the principal author of Presidential
that crime, and to address their related needs. Decree 1508, the Katangungang Pambarangay Law, and he
 Is based on an understanding that crime is a violation of also wrote its implementing rules, requiring prior condition
people and relationships and is based on principles of for judicial resource. For 12 years (1980-1992), he was a
respect, compassion and inclusivity. member of the committee of Consultants, Bureau of Local
 Encourages meaningful engagement and accountability and Government Supervision, which oversaw the nationwide
provides an opportunity for healing, reparation and operations of the Katarungang Pambarangay Law. Under the
reintegration. decree, the body was known as Lupong Tagapayapa. This
 Uses processes, including conferences, dialogues and circles, decree was replaced by the Local Government Code of 1991.
and is guided by skilled facilitators.
 Is a flexible process and can take different forms depending The Katarungang Pambarangay share characteristics with
on the community, program, case, participants, or similar traditional, hybrid courts in other countries such as
circumstances? the Solomon Islands, Papua New Guinea, Nigeria and South
 Uses processes that may take place at all stages of the Africa, among others. Such courts emerged during colonial
criminal justice system and can be used with adults and periods as Western legal systems were usually applied to
youth. westerners while local dispute resolution systems were
 Is used in every province and territory and is supported by integrated into the Western system in a variety of ways
legislation and federal, provincial and territorial government including incorporation of local decision makers into the
programs and policies. government in some way.
Within the Philippines two programs stand out as currently
restorative in nature: the recently enacted Juvenile Justice After independence, many states faced the same problems as
and Welfare Act of 2006 (Republic Act 9344) and the their former rulers, especially “ limited geographical reach of
Barangay Justice System (Katarungang Pambarangay). state institutions, Western- modeled institutions often
Throughout the world, Restorative Justice is increasing in divorced from community structures and expectations, and
popularity for juveniles. resource constraints in the justice sector.” Hybrid courts
became a “middle ground for supporting community
Lesson 3.2 AMICABLE SETTLEMENT OF DISPUTES decision- making while simultaneously expanding the
authority and reach of the state.”
Preliminaries
Besides “hybrid courts”, other authors have described the
Katarungang Pambarangay, or the barangay Justice System is system as a : Non-State Justice System”.
a local justice system in the Philippines. It is operated by the
smallest of the local government units, barangay, and is Overview on the Operations, Rules and Procedures
overseen by the barangay and its executive. The barangay
captain sits on the Lupong Tagapamayapa along with other The Lupong Tagapamayapa is the body that comprises the
barangay residents, which is the committee that decides barangay justice system and on it sit the barangay captain
disputes and other matters. They do not constitute a court as and 10 to 20 members. The body is normally constituted
they do not have judicial powers. every three years and holds office until a new body is
constituted in the third year. They receive no compensation
The system exists to help decongest the regular courts and except honoraria, allowances and other emoluments as
works mostly as “alternative, community-based mechanism authorized by law or barangay, municipal or city ordinance.
foe dispute resolution of conflicts,” also describe as a
“compulsory mediation process at the village level.” Almost all civil disputes and many crimes with potential
prison sentences of one year or less or fines 5,000 or less.
Throughout the Philippines the Barangay Justice Systems Philippine pesos are subjected to the system. In barangays
handles thousands of cases a year. Since officaials have more where a majority of members belong to an indigenous people
flexibility in decision- making, including from complex of the Philippines, traditional dispute mechanisms such as a
evidence rules, and receive some resources from council of elders may replace the barangay judicial system.
government, the courts are more numerous and accessible
than other courts and therefore the courts are able to hear Upon receipt of the complaint, the chairman to the
more cases and to respond more immediately. committee, most often the barangay captain, shall the next
working day inform the parties of a meeting for mediation. If
after 15 days for the first meeting, the mediation is not
DISPUTE RESOLUTION AND CRISES/INCIDENTS MANAGEMENT-ENDE
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successful then a more formal process involving the pangkat Functions of Lupon
or body must be followed. There is 15- day period to resolve
the dispute through this more formal process, extendable by  Exercise administrative supervision over the conciliation
the pangkat for yet another 15- day period. If not settlement panels provided herein;
has been reached, then a case can be filed in the regular  Meet regularly once a month to provide a forum for
judicial system of the Philippines. exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes, and
Lesson 3.3 to enable various conciliation panel members to share with
THE KATARUNGANG PAMBARANGAY one another their observations and experiences in effecting
(Presidential Decree No. 1508 Repealed by R.A. 7160) speedy resolution of disputes; and
 Exercise such other powers and perform such other duties
Concept of Barngay and Lupong Tagapamayapa Barangay and functions as may be prescribed by law or ordinance.
refers not only to barrios which were declared barangays by
virtue of Presidential Decree No. 557 but also to barangays Oath and Term of Office
otherwise known as citizen‟s assemblies pursuant to
Presidential Decree No. 86. Upon appointment, each lupon member shall take an oath of
office before the Punong barangay. He shall hold office until a
Barangay Captain refers to the Barangay Captains of the new lupon is constituted on the third year following his
barrios which declared barangay by virtue of Presidential appointment unless sooner terminated by resignation,
Decree No. 557 and to the Chairmen of barangays otherwise transfer of residence or place of work, or withdrawal of
known as citizens‟ assemblies pursuant to Presidential appointment by the Punong barangay with the concurrence
Decree No. 86. of the majority of all the members of the lupon.
The Lupong Tagapamayapa Vacancies
The Lupong Tagapamayapa shall be composed of the Punong Should a vacancy occur in the lupon for any cause, the
barangay as Chairmanand ten (10) to twenty (20) members. Punong barangay shall immediately appoint a qualified
The lupon shall be constituted every three (3) years. person who shall hold office only for the unexpired portion of
the term.
Any person actually residing or working in the barangay, not
otherwise expressly disqualified by law, and possessing Secretary of the Lupon and the Pangkat ng Tagapagkasundo
integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity, may be appointed as a The Barangay Secretary shall concurrently serve as the
member of the lupon. secretary of the lupon. He/She shall record the results of the
mediation proceedings before the Punong barangay and shall
A notice to constitute the lupon, which shall include the submit a report thereon to the proper city or municipal
names of proposed members who have expressed their courts. He/She shall also receive and keep the records of
willingness to serve, shall be prepared by the punong proceedings submitted to him by the various conciliation
barangay within the first fifteen (15) days from start of his panels.
term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period Pangkat ng Tagapagkasundo is a constituted body for each
of not less than three (3) weeks; dispute brought before the lupon which serves as a
conciliation panel consisting of three (3) members who shall
The Punong barangay, taking into consideration any be chosen by the parties to the dispute from the list of
opposition to the proposed appointment or any members of the lupon.
recommendations for appointment as may have been made
within the period of posting, shall within ten (10) days Should the parties fail to agree on the pangkat membership,
thereafter, appoint as members those whom to be suitable the same shall be determined by lots drawn by the lupon
therefor. Appointments shall be in writing, signed by the chairman.
Punong barangay, and attested to by the barangay secretary.
The three (3) members constituting the pangkat shall elect
The list of appointed members shall be posted in three (3) from among themselves the chairman and the secretary. The
conspicuous places in the barangay for the entire duration of secretary shall prepare the minutes of the pangkat
their term of office; and proceedings and submit a copy duly attested to by the
chairman to the lupon secretary and to the proper city or
In barangays where majority of the inhabitants are members municipal court. He shall issue and cause to be served
of indigenous cultural communities, local systems of settling notices to the parties concerned. The lupon secretary shall
disputes through their councils of Datus of elders shall be issue certified true copies of any public record in his custody
recognized without prejudice to the applicable provisions of that is not by law otherwise declared confidential.
the Code.

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Vacancies in the Pangkat pangkat, the matter shall be resolved by the affirmative vote
of the majority of the pangkat whose decision shall be final.
Any vacancy in the Pangkat shall be chosen by the parties to Should disqualification be decided upon, the resulting
the dispute from among the other lupon members. Should vacancy shall be filled.
the parties fail to agree on an common choice, the vacancy
shall be filled by lot to be drawn by the lupon chairman. Period to arrive at a Settlement

Character of Office and Service of Lupon Members The pangkat shall arrive at a settlement or resolution of the
dspute within fifteen (15) days from the day it convenes in
The lupon members, while in the performance of their official accordance with this section. This period shall, at the
duties or on the occasion thereof, shall be deemed as a discretion of the pangkat be extendible for another period
persons in authority, as defined in the Revised Penal Code. which shall not exceed fifteen (15) days, except in clearly
meritorious cases.
The lupon or Pangkat members shall serve without
compensation, except as provided under Designated Form of Settlement
representative, who‟s ruling thereon shall be binding.
All amicable settlements shall be in writing, in a language or
Procedures for Amicable Settlement dialect known to the parties, signed by them, and attested to
by the lupon chairman or the pangkat chairman, as the case
Initiation of proceeding may be. When the parties to the dispute do not use the same
language or dialect, the settlement shall be written in the
Upon payment of the appropriate filing fee, any individual language known to them.
who has a cause of action against another individual involving
any matter within the authority of the lupon may complain, Conciliation
orally or in writing, to the lupon chairman of the barangay.
a) Pre-condition to Filing of Complaint in Court
Mediation by Lupon Chairman
No complaint, petition, action, or proceeding involving any
Upon receipt of the complaint, the lupon chairman shall, matter within the authority of the lupon shall be filed or
within the next working day, summon the respondent(s), instituted directly in court or any other government office for
with notice to the complainant(s) for them and their adjudication, unless there has been a confrontation between
witnesses to appear before him for a mediation of their the parties before the lupon chairman or the pangkat, and
conflicting interests. If he fails in his mediation effort within that no conciliation or settlement has been reached as
fifteen (15) days from the first meeting of the parties before certified by the lupon secretary or pangkat secretary as
him, he shall forthwith set a date for the constitution of the attested to by the lupon or pangkat chairman or unless the
pangkat in accordance with the provisions of this Chapter. settlement has been repudiated by the parties thereto.

Suspension of Prescriptive Period of Offenses b) Where Parties May Go Directly to Court

While the dispute is under mediation, conciliation, or The parties may go directly to court in the following
arbitration, the prescriptive periods for offenses and cause of instances:
action under existing laws shall be interrupted upon filing of
the complaint with the punong barangay. The prescriptive 1. Where the accused is under detention;
periods shall resume upon receipt by the complainant of the 2. Where a person has been deprived of personal liberty calling
complaint or the certificate of repudiation or of the has otherwise been deprived of personal liberty calling for
certification to file action issued by the lupon or pangkat habeas corpus proceedings.
secretary: Provided, however, that such interruption shall not 3. Where actions are coupled with provisional remedies such as
exceed sixty (60) days from the filing of the complaint with preliminary injunction, attachment, delivery of personal
the punong barangay property and support pendent lite; and
4. Where the action may otherwise be barred by the statute of
Issuance of Summons: Hearing Grounds for Disqualification limitations.
5.
The pangkat shall convene not later than three (3) days from Conciliation Among Members of Indigenous Cultural
its constitution, on the day and hour set by the lupon Communities The customs and traditions of indigenous
chairman, to hear both parties and their witnesses, simplify cultural communities shall be applied in setting disputes
issues, and explore all possibilities for amicable settlement. between members of the cultural communities.
For this purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses before it. In Arbitration
the event that a party moves to disqualify any member of the
pangkat by reason of relationship, bias, interest, or any other  The parties may, at any stage of the proceedings, agree in
similar grounds discovered after the constitution of the
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 writing that they shall abide by the arbitration award of the to the idea, including committing offenders to a mental
lupon chairman or the pangkat. Such agreement to arbitrate hospital, as opposed to prison, when their psychiatric
may be repudiated within five (5) dyas from the date thereof evaluations support such an alternative. Other alternatives
for the same grounds and in accordance with the procedure include restorative justice and transformative justice.
hereinafter prescribed. The arbitration award shall be made
after the lapse of the period for repudiation and within ten Transformative Justice
(10) days thereafter.
Transformative justice is a strategy like its name would
 The arbitration award shall be in writing in a language or suggest: it is a way of treating a crime as an educational and
dialect known to the parties. When the parties to the dispute transformational opportunity for the offender.
do not use the same language or dialect, the award shall be Transformative justice focuses more on healing than do other
written in the language or dialect known to them. forms of retribution. Transformative justice can apply to
Exceptions on the Proceedings Open to the Public many areas, including family law, corporate law,
and bankruptcy law. The issue with transformative justice is
All proceedings for settlement shall be public and informal: not so much about whether the offender may do something
Provided, however, that the lupon chairman or the pangkat similar in the future, but whether the community is willing to
chairman, as the case may be, may motu proprio or upon support both the offender and the victim.
request of a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals. Insofar as “support” is concerned, this can translate to mean
that the community is all in favor of sending the offender to
Appearance of Parties in Person jail for his crime. However, the purpose for
the imprisonment here is less about punishment and more
In all katarungang pambarangay proceedings, the parties about isolating the offender so that he can get the help he
must appear in a person without the assistance of counsel or needs and be “transformed” into a more productive member
representative, except for minors and incompetents who of society.
may be assisted by their next-of-kin who are not lawyers.
CHAPTER 5
CHAPTER 4 CRISIS
THE RETRIBUTIVE JUSTICE
The word Crisis is any event that is going for is expected to
Philippine penal law is hinged on the principles of both lead to an unstable and dangerous situation affecting an
retributive and restorative justice. On one hand, the theory individual, group, community, or whole society. Crisis are
of retributive justice is characterized by human free will as deemed to be negative changes in the security, economic,
basis of criminal liability, establishing a direct proportion political, societal, or environmental affairs, especially when
between crime and penalty. they occur abruptly, with little or no warning. More loosely, it
is a term meaning “a testing time” or an “emergency event”.
When it comes to retributive justice, there are three main
principles that make up the concept: In this premise, crisis is a wide variety of concern where
collective efforts must be bundled in, comprising all the vital
1. That those who commit crimes should suffer a punishment factors to consider in order to cope with its negative
that is equal in severity. consequence. Human induced crisis like hostage taking,
2. That it is good, in a moral sense, if a person receives the kidnapping, bombing, public, demonstration, etc., were
punishment he deserves. among of the crisis situations occurring in the country. Thus,
3. That it is bad, in a moral sense, to punish an innocent person responders and managers on the ground are challenged by
or, conversely, inflict a more serious punishment on someone how to end with much success on the negotiation and
than that which would fit the crime. operational process.
These principals have their flaws and, as such, people have
hotly debated them time and time again. Interestingly, the On this part, the topic includes the concept and doctrine of
definition of retributive justice has changed over time. crisis management, phases and models of negotiation;
Initially, the idea was that the severity of a person’s understanding terrorism, its tactics, groups and motivational
punishment should be directly proportionate to the crime he classification; managing hostage situation, stages and
committed. So, for example, retribution for a person who procedures; including the composition and functions of the
stole money would be to pay the money back, whereas On-scene Command Post.
retribution for a person who committed murder would be to
either receive the death penalty of life in prison. Either In addition, the significant features of the Incident Command
option takes a life for a life. System are likewise presented. To practically realize the
However, over time, the definition of retributive justice came target output of this part, it is highly suggested to employ a
to mean that the amount of punishment a person suffers hostage crisis simulation, active group discussions,
must be proportionate to the unfair advantage that person collaborative research output on the analysis of hostage crisis
enjoyed in breaking the law in the first place. Further, those experiences in the country; and identify best practices
opposed to retributive justice have come up with alternatives related to crisis management.
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 THE CRISIS MANAGEMENT DOCTRINE
BASIC CONCEPTS
The crisis may start as basically police or special unit matter
Crisis is a period of disorganization, period of upset during but could develop in proportion and dimension requiring
which people attempts at arriving at solution of problems. It further military operations. If the crisis situation is brought
is a crucial or decisive point or situation; a turning point; an about by natural calamities, then it is addressed by the
unstable condition, as in political, social, or economic. It is a National Disaster Risk Reduction Management Council or
state provokes when a person faces obstacles or hazards to NDRRMC (Formerly known as National Disaster Coordinating
an important life goal. Councilor NDCC). The general idea is to prevent the
occurrence of a crisis, ensure a probability of success in
The term Crisis is derived from the Greek word “krisis” which minimizing or neutralizing the perpetrator or to return the
means to separate; a turning point decision in a process of an situation into normalcy.
affair or a series of events.
Lesson 6.1 PHASES OF CRISIS MANAGEMENT
The term Emergency is derived from the Latin word
“emergencia” which means dipping/plugging. A sudden A. PRO- ACTIVE PHASE - is the stage of advance planning,
condition or a state of affairs calling for an immediate action. organization and coordination and control in response
Lesson 5.1 TYPES OF CRISIS to an anticipated future crisis occurrence. This phase is
designed to predict or prevent probability or occurrence
o MAN- MADE CRISIS – civil disturbances- strike, riot, of the crisis while at the Same time prepares to handle
demonstration- revolt such as mutiny and insurrection- them when they occur.
revolution, border incident- war: conventional or nuclear-
crimes: kidnapping, hijacking, hostage-taking, etc. 1. PREDICTION – The first stage of anticipating future
o NATURAL CRISIS – fire, floods, earthquake, tidal waves crisis occurrences through the following:
marine/air disaster, hazardous spills, power failure, nuclear o Update- Intelligence – involves the collection of information
accidents water/flood shortage/scarcity, drought-volcanic from variety of sources as basis of actions and plan; those
eruption, epidemic, etc. that are related to crisis management contingency planning.
o INDIVIDUAL CRISIS – I refer to the feeling that arises when a o Events – are those incidents that are already passed which
person faces unpleasant situation such as frustrations and can facilitate analysis necessary for identification of probable
conflicts. This includes: threat groups, targets and necessary for advance planning.
1. Physical Crisis – those that are related to health problems or
bodily sickness/sufferings o Threat Analysis of Threat Groups
2. Economics Crisis – the deprivation of the necessities of like
food and material things. a. Political Terrorist – ideologically inspire individuals
3. who grouped together for a common purpose usually for
4. Emotional Crisis – when an individual is affected by negative change of government or political power. Ex. CPP/NPA, SPT‟s,
feelings like emotional disturbances, fear, etc. etc.
5. b. Criminals – these are people who commit terrorist
6. Social Crisis - the experiencing lack of interest, confidence acts for personal rather that ideological gains. Some of the
and social skills to relate political, social, or economic. It is a terrorist acts such are kidnapping are well planned, other are
state provokes when a person faces obstacles or hazards to not planned, but happened as a result of the fast response
an important life goal. time by LEAs to an ongoing crime. For instance, a number of
7. bank robberies have
8. 5. Moral Crisis- the person has an irrational or distorted
concept of what is right or wrong, lack of moral values and
integrity of the person. 1. Reaction Element – Special action unit which are
9. specially organized, equipped and deployed in the region to
10. 6. Psychosexual Crisis- failure of the person to assume one‟s hold special operation in cases of crisis incident.
role and identity as a man or woman. The person has an
2. Security Element – military or police personnel task
inappropriate sex objective, inadequate and distorted
to protect the area of perimeter security to prevent
expression of affection.
occurrence of unnecessary incidents.
CHAPTER 6
SUPPORT UNIT – It is a unit that provides the necessary
THE CONCEPT OF CRISIS MANAGEMENT
administrative, operational and logistic support of the OSC.
Crisis management is the proper utilization of all available
1. Intelligence Team – responsible for the collection
resources and the formulation of policies and procedures to
and processing of all information needed by the OSC.
effectively deal with progressive sequence of events (crisis)
2. Communication Team – responsible for insuring
and sudden or unforeseen state (emergency).
effective communication between OSC and other units or
sub-units.
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 3. Logistic Team – responsible for ensuring shall take over authority on reaction element throughout the
mess services, supplies (clothing, equipment, transportation) tactical operations. He shall take instructions only from OSC
and other logistic services. and coordinate all support requirement with the OSCP.
4. Medical Team – responsible for all medical
supplies and services in cases of crisis incidents. 4. The Post Action Stage – This stage begins as soon as the
5. Fire Fighting Team – responsible for all perpetrator surrendered, captured or neutralized. OSC shall
services related to extinguishing fires intentionally set by ensure that the following are accomplished:
perpetrators or during the result operations.
6. Administrative Personnel – personnel o Protection of the incident scene
assigned to OSC to keep written records of events, in coming o Investigation of the incident preservation of evidence
or outgoing communications. o Documentation
7. Legal /Investigation Team – services of
o SS – witnesses, hostage, perpetrators and other key
investigation, preservation of evidence, documents and legal
participants of the incident.
advice to the OSC.
o Recovered, documented, preserve evidence
NEGOTIATION UNIT – It is headed by a chief negotiator and o Pictorials, written reports
composed of two or more members. Their primary concern is o Filling and prosecution of cases
to serve first life, prevent destruction and pave the way for a o Damage Compensation and rehabilitation
peaceful resolution of crisis situations.
He also initiates recommendation for the compensation and
B. THE REACTIVE PHASE aid civilian killed and injured during tactical operations. He
initiates recommendation for the rehabilitation, construction
When a crisis occurs despite the pro-active effort, the of damage or essential infrastructures. Training and
organization concerned must prepare to perform the crisis retraining of unit personnel special units and negotiators
management in accordance with their plan. shall continue with their training to improve their proficiency
and enhance their readiness.
PERFORMANCE – It is the action stage, the implementation
of the crisis management contingency plan. TERRORISM

1. The Initial Action - the stage taken by the Initial Terrorism is punishable under Republic Act 9372 Human
Action Unit, which is composed of police and military Security Act of 2007. Under this law: Any person who
personnel immediately organized into team to initially commits an act punishable under any of the following
respond to take incident and begin the containment effort. provisions of the Revised Penal Code:
They are responsible for:
o Article 122 (Piracy in General and Mutiny in the High Seas or
 maintain control of the situation in the Philippine Waters);
 report the matter to the RCAG through channels o Article 134 (Rebellion or Insurrection);
 secure the scene by establishing perimeter security o Article 134-a (Coup de e Etat), including acts committed by
 evacuate by standers if possible private persons.
 prevent escape of perpetrator o Article 248 (Murder).
 take maximum control o Article 267 (Kidnapping and Serious Illegal Detention);
o Article 324 (Crimes Involving Destruction, or under
3. The Action Stage – The action stage starts as soon as the o Presidential Decree No. 1613 (The Law on Arson);
tactical, support unit and the negotiation unit arrived and are o Republic Act No. 6969 (Toxic Substances and Hazardous and
deployed. The OSC discusses the incident with his Nuclear Waste Control Act of 1990);
commander and staff and decides on the plans and actions to o Republic Act No. 5207, (Atomic Energy Regulatory and
be taken. Liability Act of 1968;
o Republic Act No. 6235 (Anti-Hijacking Law);
 Negotiation – chief negotiator undertakes negotiation as o Presidential Decree No. 532 (Anti-piracy and Anti-highway
soon as he has been properly briefed and received
Robbery Law of 1974); and,
appropriate instruction from the OSC. He shall keep the OSCP
o Presidential Decree No. 1866, as amended (Decree Codifying
informed of the progress of negotiations and shall take
the Laws on Illegal and Unlawful Possession, Manufacture,
instructions only from the OSC. No further negotiation shall
Dealing in, Acquisition or Disposition of Firearms,
be undertake when the tactical unit commander initiates
Ammunitions or Explosives) thereby sowing and creating a
tactical operations.
condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government Sto
 Tactical Action- the tactical commander makes a complete give in to an unlawful demand shall be guilty of the crime of
estimate of the crisis situation and plans his courses of action terrorism and shall suffer the penalty of forty (40) years of
upon arrival at the scene while negotiation is in progress. He imprisonment, without the benefit of parole as provided for
shall maintain and continuous contact with the OSCP. He
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 under Act No. 4103, otherwise known as the Indeterminate political.
Sentence Law, as amended.
MOTIVATION AND GROUP CLASSIFICATION
Terrorism is a threat or actual use of force or violence for
political or other purpose, to foster fear, insecurity, distrust, 1. Minority Nationalistic Groups – groups fighting the
and unrest among a specific group or the general population. majority of the community where the support base will
It is “Violence for effect… not primarily, and sometimes not depend one ethnic, religion, linguistic minorities at odd with
all for the physical effect on the actual target, but rather for the majority community.
its dramatic impact on an audience”; “The calculated use of
violence or the threat of violence to attain goals, often 2. Marxist Revolutionary Groups – here, the terrorist’s
political or ideological in nature”; “Is violent criminal behavior movement is characterized by its possession of the coherent
designed to generate fear in the community, or a substantial Marxist ideology and of a long- term strategy for bringing
segment of it, for political purposes. about the socialistic revolution.

Classification of Terrorists 3. Anarchist Group – True Anarchist are difficult to find

since true anarchy brings lawlessness and disorder, which is
1. National Terrorist – A terrorist who operates and aspires to not a natural state in which the human race exists.
political power primarily within a single nation.
2. Transnational Terrorist – This is a terrorist who operates 4. Pathological Groups – problematic individuals who
across national borders, whose actions and political are grouped together for some terrorist activities for
aspirations may affect individual of more than one emotional satisfaction.
nationality.
3.International Terrorists –A terrorist who is controlled by, In hostage taking, hostages are usually separated in safe
whose actions represent the national interest of a sovereign houses to prevent communications and escape, planning, and
state. intelligence gathering.

Types of Terrorists TERRORIST TACTICS BOMBING

1. State-Sponsored Terrorist – which consists of terrorist acts on Delivery to target is done through Vehicle Bomb-booby traps
a state or government by a state or government. Example: Al- with attached devices, Laid Changes- Bomb plates, Projected
Qaeda, PLO, ISIS bombs-launched from riffles by a mortal device, Postal/mail
2. Dissent Terrorist – terrorist groups which have rebelled bombs.
against their government. Example: ISIS, IRA, CPP-NPA
3. Terrorists (LEFT and RIGHT) – terrorist groups rooted in ARSON
political ideology. Example: Irish Republican Army (IRA), CPP-
NPA, U.S Patriot Movement. This is used to destroy or to disrupt public utilities, political
4. Religious Terrorism – terrorist groups which are extremely HQs and industrial facilities.
religiously motivated. Example: Al-Qaeda, ISIS, Jemaah
Islamiya (JI) HIJACKING
5. CRIMINAL TERRORISM – terrorist acts used to aid in crime
and criminal profit. Example: Abu Sayyaf Group (ASG), Abu Hijacking and skyjacking are commonly used by terrorists.
Nidal Organization. The hijack supply, ammunitions, fuel cargoes, and vehicles to
6. Lone-Wolf Terrorist – someone who prepares and commits provide them to gain entry to a close military area, skyjacking
violent acts alone, outside of any command structure and of commercial aircraft to gain publicity or to ask demands.
without material assistance from any group.
ASSASSINATION
PROFILE
The oldest but the commonly used terrorist tactic where
(a) The Lone-Wolf acts to advance in ideological or philosophical targets are often police or military officials, or political
belief of an extreme group, they act on their own, without features and they always claim responsibility of assassination.
any command or direction.
(b) The Lone-Wolf‟s tactics and methods are conceived and AMBUSH
directed solely of their own.
(c) The Lone-Wolf never has personal contact with the group This is a well-planned, well thought-out, properly rehearsed
they identify with. and precisely executed operation. The terrorist has time on
his side and will spend considerable time preparing for an
IDEOLOGY operation. Terrorist have an advantage in that they can
choose the time and place of operation.
(a) Anarchist, conservations, right-wing, and nationalist. Lesson 6.2 HOSTAGE TAKING
(b) Special interest: religion, environment, anti-abortion, and
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 The hostage-taker confronts the authorities and openly holds STAGES OF A HOSTAGE SITUATION
the victim for ransom. His demands are more than just
material in nature. Political concessions are the frequency 1. Alarm Stage
demanded in exchange for the hostage lives.
This stage is the most traumatic and dangerous. In the alarm
ROBBERIES/ EXTORTIONS stage, the emotion of the hostage taker is exceedingly in its
highest peak, his rationalization and proper thinking is low,
Terrorist operations are expensive. To help finance their He may be extremely aggressive in his reaction to any
activities, terrorists rob banks and armored vehicles carrying perceived threat. E.g., escape of hostages, tactical assault,
large sums of cash. Bank robberies are also used as trickery etc.
graduation exercises for terrorist training programs and
viewed as a tactical operation. The conduct reconnaissance, 2. Crisis Stage
plan escape routes and operates in the high degree of
efficiency and the progressive taxation scheme of the In this stage, when negotiation attempts are being initiated
CPAA/NPA is a form of extortion through coercion or use of by the crisis negotiator. Outrageous demands and
force against the victim or his property. unpredictable emotion are marked or commonly noted in the
hostage taker. There is still a great deal of danger since
MANAGING HOSTAGE SITUATIONS HOSTAGE NEGOTIATION hostage takers try to consolidate their positions. To do these,
they try to move their hostages to a safer ground area. On
In hostage situation, the general tendency of Hostage Taker, the part of the captive, this is the most critical because this
is to focus their attention on prominent personalities to gain stage may predict the remainder of the situation. Chances of
much needed leverage in the negotiation. survival may be enhanced or reduced during this stage
through the hostages may start to feel three (3) problems:
Over the past decades, numerous hostage situation took
place and the most widely among them were the incidents  Isolation,
committed by Arab Terrorists during the 20th games in
 Claustrophobia
Munich, West Germany in September 1972; the hostage
taking by Iranians of US Embassy personnel in Iran; the
 Sense of time
hijacking of an Air France flight 139, July 1976 with mostly
Sense of time becomes important on hostages who are
Israelis as passengers and which craft was brought to
hoping for rescue.
Entebbe, Uganda by the terrorist.
This situation may also in favor of the hostage taker as they
earn compliance from their captives.
In the local scene, the attempted hijacking of PAL took place
in Zamboanga City by the MNLF rebels where all the
passengers were held hostage and the Bank Robbery in 3. Accommodation Stage – This is distinguished by
Cubao (BPI). A man deranged and taking hostage of a child in boredom, and with moments of terror. Though is considered
the busy LRT station in Pasay City. Terrorist like the Abu as the longest yet is the most tranquil. In the crisis stage, and
Sayyaf taking numerous hostages to obtain money and even in the alarm stage, hostages are considering escape
provide protection for their escapes. options but in the accommodation stage, their initiative and
planning are narrowed since captors has increased control
In hostage situation, the authorities are faced with individuals over them. The hostages‟ sense of life preserving has
or groups of individuals with psychological mentality, increased and even tries to obey the orders. Stockholm’s
commitment, behavior stress and behavioral intolerance of syndrome will likely occur between the captors and the
varying degree – aggravated by the unpredictability of the victims. One looks into this phenomenon in the negative that
human behavior. one must say that cooperation of hostages to the negotiator
is constricted.
In dealing with hostage situations, the priorities are to ---
1. preserve lives 4. Resolution Stage – This is the stage when the
2. apprehend the captors, and hostage takers is being stressed out or fatigued of the
3. recover or protect properties situation. He is seemingly losing interest of the situation and
lost most of his bargaining points. Tension between the
According to experts, a hostage taking may last for an hour to hostages, hostage taker and the crisis negotiator are notably
more than forty hours. Hostage takers and hostages and even low. It should be regarded also that the crisis intervention
the negotiators become tired and stressed out of the long techniques of the negotiation team have increased. In this
period of crisis intervention. Hostage become impatient stage, reactions of the hostages are mixed either blaming
waiting for their safe release or rescue. With this, there is a their captors or may become hostile and uncooperative to
great possibility of the birth of the Stockholm‟s Syndrome. their rescuers and even accusing them to be the responsible
This is characterized by transference of attention between for the whole situation. They might even appraise their
the captors and captives. The hostage towards his captors captors for taking care (saving) their lives though their
may generate positive feelings. captors placed them into a bell experience.

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  Inadequate personality – This is a type of person that
Lesson 6.3 THE HOSTAGE TAKER displays attention-seeking behavior. Hostage taking is his
action to prove himself or his worth. During the commission
It is a must that a police officer who first arrived at the scene of the crime, he tends to delay his actions and be caught in
has the necessary skill to determine what type or personality flagrante in order for him to prove himself (I‟ll show them”).
of the hostage taker is. This does not mean that he must His characteristics are homicidal, loser complex, may be fired
diagnose the perpetrator. In stressing the situation, one must from many jobs and is in touch with reality. Though they are
be able to determine and know the two kinds of behavior. emotionally disturbed, yet they are apologetic to their
behavior (I’m sorry but I have to do this to prove that I can be
1. Instrumental behavior – those who are engaging in this kind a good worker…”)
of behavior are having goals to obtain or to be fulfilled. Anti-social personality. Those who belong to this kind of
Generally, hostage takers of instrumental behavior are personality are repeatedly having conflict with the people
criminal types and intervention usually needs bargaining. E.g. around them and notably having a deviant behavior from
barricaded criminals, or other organized crime groups. groups, social values and or individuals. They defend
their face from embarrassment by blaming others in the form
2. Expressive behavior – this type of behavior is characterized pf rationalization.
by their attempt to display power. Those who engage in this
kind are emotionally disturbed individuals. E. g. mentally
insane, etc. Anti-socials when takes hostages, are generally engages in
expressive acts and they are likely to dehumanize the
 Mentally Disturbed – This group suffers from different kinds hostages, and this is an indication that they are dangerous
of psychological maladies. They may or may not in touch with individuals.
reality. A mentally disturbed individual may be a loner, act in  The estranged person – Domestic problem is the main cause
accordance with non- existing irresistible force, or on a force why an estranged individual takes hostages. The hostages are
belief or a stimulus. commonly known to him and mostly are in his family
members. The hostage taker is experiencing from
 Psychosis – is a gross and persistent falsification of relationship breakdown in his or her interpersonal
conventional reality that leaves the person unable to manage relationships and hostage taking is employed to compel the
conventional reality with any degree of effectiveness. relationship to be maintained. The hostage taker at his point
 Delusion- is the faulty belief that is motivated primarily by is afraid of losing the significant others. In order to carry out
the individual’s needs and wishes and in fact, has no basis. hostage-taking, alcohol and prohibited drugs are used to
 Hallucination – is manifested in a visual image that quite have the necessary courage.
vivid and real to the individual who experiences it.  Terrorists- Terrorism throughout the world has been
 Paranoia - is a set of fixed delusional beliefs that are alarming for the past decades and even at present. Countries
around the world have been facing terrorism problems either
accompanied by clear and orderly thinking outside the
local or international groups. In the United States alone, it
delusion system. Paranoia manifests itself. A paranoid has
has been reported that there are local terrorists sowing fear,
been described as “vigilant suspicious, distrustful, insecure,
insecurity and unrest amongst the people. They create chaos
and chronologically anxious.
through assassinations, bombing, arson and other forms of
 Schizophrenia- is a thinking disorder. Expert says that, malicious destruction of properties.
approximately 80 percent of the mentally ill of the population
are schizophrenic. There are subcategories of this kind of
 Barricaded Criminals- this type must be robbers cornered by
the police while in the act of committing their crime (i.e. bank
mental disorder, the catatonic state and the hebephrenic
robbers). Either barricaded in a building, roadblock or on
state. Catatonic state is demonstrated by the patient’s rigidly
getaway cars. Hostages maybe employees, bystanders or
held position for some interminable period of time, while
both caught in the process of escaping. The hostage taking is
Hebephrenic state is when the subject acts childlike and silly.
a spontaneous reaction of the criminal when cornered. Some
 Neurosis – is suffered by a person if most likely to be law enforcement officers consider barricaded criminals as
observed in a continuous state of anxiety. Erratic behavior attention seekers, but others describe then in the contrary as
would more than likely displayed by reaction to anxiety in the they avoid being identified. Their primary aim is to escape
form of ego defense mechanism such as rationalization, safely taking with them the hostages as shield to prevent
projection and displacement. The signs and symptoms are being shot by the police. Usually, barricaded criminals are
shaking uncontrollably and depression without explanation. engaged in instrumental acts as they demand for material
 Manic depressive personality – Depressed individuals are in things such as getaway cars, firearms, money, and safe
an incapacitated mental state. He may frequently know the escape.
hostages and latter might be the cause of his depression.  Prisoners- While most prisoners spend most of their time
Negative outlook in life, feeling unworthy, slow speech, inside the correctional institutions, some are concentrated on
suicidal and unpredictable and extremely dangerous are the penal colonies under tight guards and to those who are
characteristics of this type of mentally disturbed. To a one completely secluded inside their prison cells, they are
who is suicidal type, he might inflict harm or even kill one of haunted by boredom, get tired and hostile. These may be due
the hostages and the police will be forced to shoot him. to the strict implementation of house rules, favoritism and
DISPUTE RESOLUTION AND CRISES/INCIDENTS MANAGEMENT-ENDE
16
 poor prison conditions (Lack of recreational activities and
inadequate facilities, poor structuring etc.). All members of the team (Negotiators, Admin. Aide,
Operational Aide, Sharpshooters, Patrol Personnel, etc.) in
Lesson 6.4 NEGOTIATION MODELS their respective line of activities, once chosen, they should be
given the free reign in handling and evaluating areas and
 Bargaining Negotiation Approach - In this approach, incident- for the should a senior’s officer continue to counter
negotiation is viewed in terms of an exchange of distribution manned orders in the site, the results will certainly be
of resources. bundled.

 Expressive Negotiation Approach – This approach is mainly 2. Psychology

on the emotional state of the hostage as a powerful tool to
Analyze various situations and develop strategies using
resolving of crisis situation. Expressive negotiation approach
psychological technique rather than the force to obtain
came to existence with the use of psychology, human
release of hostages. Point of training is training is to provide a
relations theory and research. Both assume that the nature
basis for understanding and anticipating hostage taker’s
and quality of interpersonal relationships play a large role in
moves, as well as possible reactions to police tactics.
resolving a conflict.
 Communication-based negotiation approach –This approach 3. Physical Training
is founded on an interactive assessment if the crisis [hostage]
situation as if unfolds and is created through the interaction Physical conditioning, weapon disarming method, and
of the negotiator and the perpetrator. Therefore, unarmed self-defense are vital to control the demands of the
communication- based approach is an interactive process situations.
wherein negotiators and hostage takers react to each
message behavior. 4. Firearms
Lesson 6.5 PRISON HOSTAGE SITUATION Pistols and revolvers, sniper cope rifle, assault weapons such
as shotgun (double barrel) and sub-machine gun, tear gas
Experience shows, time factor worked both for and against with bullet proof vests.
authorities.
Allowing the passage of time generally permits the leader to 5. Electronic Equipment
exploit his position by consolidating his leadership. Thus, able
to create a formidable bastion which cannot be neutralized Familiarization in the use of wireless transmitter, electric
without loss of life. Whereas, action taken immediately, taking devices covert surveillance devices, etc.
before the prisoners can organize and arm themselves may
well be less costly. 6. Emergency rescue Ambulance
Demand for freedom, normally is non-negotiable. But if, How to use or operate auxiliary equipment; public address
circumstance show, it is the only to save the hostages, it may system; firefighting unit; first gear ambulance may be used as
be granted with the permission of the highest authority and a safe base to start negotiation.
must be followed with hot pursuit after.
7. Vehicle Operation
Demand for Superintendent, Warden, or even Governor, or
highest authority, as negotiator does not give incentives to Escape vehicle and chase vehicle, with attention placed on
surrender. In some cases, hostage taker is bloated and street and routes from various location in the site of incidents
demands for more. Perhaps, isolation and reason would be to destination (airport or other terminal) for tactical
the most effective way to handle the situation. advantage.
Technique of Kidnap/Hostage Success 8. Liaison
Hall mark of Success: Blending of tactical response and Jurisdiction matters cleared, cooperation other agencies on
behavior know- how (calls for, development of tactics, using possible routes must be sought.
blocking and containment forces: expertise in use of
weapons; deployment of instant communications; use of
behavioral experts – cool headed and with professional Lesson 6.6 PLANNING AND PREPARATION FOR HOSTAGE
leadership. SITUATION
This calls for training programs for training programs for the
Police in these vital areas. In relatively small town or community where
it could merely depend on a small contingent
1. Considerable Screening of police force, it must for purpose of
preparation designate a crisis management
task group.
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 THE ICS FACILITIES
Designation and Duties
Facility – location where primary command
1. Field Commander functions are performed. Only one Incident
 Takes charge of all forces Command Post (ICP) for every incident.
 Provide
containment of Establishing the ICP
hostage taker-
scale of place,  Initially, the ICP shall be established near the
evaluate incident area.
civilians  ICP should not be moved/relocated unless
 Establish contact with hostage taker absolutely necessary.
 Consult with Command Officer  There must be security and control access to
the ICP as necessary.
2. Operational Aide  ICP activation and location
must be announced so
 Report to yield negotiator appropriate personnel are
 Set up temporary headquarters notified.
 Coordinate assignment of off-duty  Should be large enough to
personnel arriving at the scene. provide adequate working
 Assisting units as necessary room for assigned
personnel.
 Relay orders/information to involved
personnel; receive requests  Should contain situation and
resources status displays
3. Administrative Aide necessary for the incident.
 Must be positioned away
from incident noise, the
 Report of filed negotiator
present and potential
 Supervise temporary headquarters hazard zone and
 Maintains records of operations and confusion.
units at scene
 Controls and assists the
check-in of personnel who
4. Patrol Personnel
arrive at the incident via
privately owned vehicles or
 Contain hostage other private means.
takers
(perpetrators) and When to expand the ICP?
help evacuate
civilians out scene.
 Incident manage under unified command
5. Assault Team (with one leader)  Long- term incidents
 Incidents requiring an on-scene
 Sharpshooter with communications center
high powered  Incidents requiring a fully staffed planning
arms on flack function
vests, (protective  Incidents requiring a full
armor) Command Staff and
 Chemical agent Agency Representatives
 Need facilities (two- positions.
way radio for each of
the above and what to Staging Area- Temporary location for resources
do) which is set in awaiting assignments.
single frequency (strict Incidents may have several staging areas with map
discipline needed) and symbol.
communication to
originate from Establishing the Staging Area
operational aide, form  All staging will have a manager.
or orders, request or  Staging areas will be given a name which
updating information. describes their general location.
 Resources in staging area must on a three-
DISPUTE RESOLUTION AND CRISES/INCIDENTS MANAGEMENT-ENDE
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 minute available status. CRITICAL INCIDENT MANAGEMENT
 May include fueling and sanitation.
 May be designated for certain kinds of Critical incident management (CIM) is intended to provide
resources. a response which satisfies the needs of the victim, their
family, and the community, but also provides an effective
The Base – is the location for and proportionate outcome to an incident.
primary support activities and the
location for out-of-service The definition is deliberately broad and should ensure that
equipment (for repair) and incidents which are likely to escalate into a CI are not
personnel (for medication). missed. It recognizes the fundamental importance of
Establishing the Base community confidence and trust in the police response
 There should be only one base established for to CIs, and applies equally to serious, less serious and
each incident. internal incidents.
 Management of the base comes from the
Logistics Section. Although high-profile and/or large-scale incidents are more
likely to develop into or contain multiple CIs, less serious
 A base manager will be designated upon the
incidents and internal incidents can, and do, escalate.
establishment of a base.
A CI may appear to come from nowhere, but usually there
 It is advisable to pre-designate possible base are warning signs.
locations.
The incident may be part of a wider multi-agency response
Camp – a temporary location to provide services to the ICS
and have far reaching consequences, in which case
personnel.
partners will follow the Joint Emergency Service
Incidents may have several camps and managed by a Camp
Interoperability Principles.
Manager.
Keywords
Establishing the Camp
 Effectiveness – this is a measure of the
 Location of camos can be moved.
professionalism, competence, and integrity evident
 All based activities may be performed at the in the police response to an incident.
camp.
 Significant impact – significant should be interpreted
 Camp is designated by a geographic name or as being particular to each incident but critically
number. relates to the impact on the individual, family, or
community.
The Heli base – a location where helicopter  Confidence – this is a reference to the long-term
may be parked, maintained, fueled and confidence of victims, families, and communities in
loaded and managed by a Heli base policing.
Manager.
Three phases of critical incident management
Establishing the Heli base
An incident which has the likelihood to escalate into a
 Large incidents may have more than one critical incident should be addressed promptly and
Helibase. efficiently. Reassuring and maintaining confidence are
 Helibase can be located at airport or other off- fundamental to managing a CI, as is restoring confidence
incident location. where it has been lost. A three-phased approach is set out
 Designated „by name of incident / event. in this module.
 A temporary location where helicopter can
safely land and take off When managing a CI, this advice should be read in
 Used to load or off-loaf personnel, equipment conjunction with other relevant advice and guidance.
and supplies.
 May have several Heli spots.

TRANSFER OF COMMAND, DEMOBILIZATION AND CLOSE

OUT

Transfer of Command – the process of moving the

responsibility of command from Incident Commander to
another IC.

CHAPTER 7

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 guidelines-for-restorative-justice-practice-in-criminal-
Phase one: Preparing for critical incidents matters-2018/

This requires chief officers to consider current Juneja P., (2013), Effective Team Management Skills
management structures ensuring, where possible, that:
 staff are trained effectively Lopez M., (2018), Injustice in justice
 resources are available
 the overall quality of the police response reflects a RA 7160
competent and accountable standard of incident
management Sayson, R. B. T. (2015). A case study on the outcomes of
Alternative Dispute Resolution (ADR) in the regional
Phase two: Managing critical incidents trial court of Iloilo City: Its implication on the speedy
resolution of court cases (Unpublished postgraduate thesis).
This considers how to identify critical incidents early on. It Central Philippine University, Jaro, Iloilo City.
includes processes to ensure incidents are notified to the
most appropriate person, and that they are managed Spangler, Brad., & Burgess, Heidi. (2012).” Conflicts and
effectively. Disputes.” Beyond Intractability. Retrieved February 3, 2015
from
Phase three: Restoring public confidence
<http://www.beyondintractability.org/essay/conflicts-
This considers incidents that have had a significant impact disputes>.
on public confidence but were not identified when the
incident was live, and how confidence may be rebuilt
through community engagement, resolution or a public
inquiry.

Police response

An incident can escalate to a CI when the police response

to crime, disorder, or anti-social behavior (ASB) fails to
meet the expectations of the victim, their family and/or the
community.

Community impact

A CI may have a significant and potentially long-term

impact on community engagement and neighborhood
policing. It may also generate insecurity among
vulnerable members of the community and increase fear
of crime and disorder. There is an additional risk that by
failing to provide an effective response, the police may
cause repeat victimization.

REFERENCES

*Sabha MacManus and Sophie C. Millner are in the

Philippines under the internship program of the Centre for
Capital Punishment Studies based at the University of
Westminster, London. They are working on a paper on
restorative justice in the Philippines.

Catherine Mathews, (2021), Alternative Dispute Resolution –

what is Early Neutral Evaluation? College of Policing,
(2021) Critical Incident Management

Federal-Provincial-Territorial Ministers Responsible for

Justice and Public Safety (2018). Principles and Guidelines for
Restorative Practice in the Criminal
Matters. https://scics.ca/en/product-produit/principles-and-

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