Dispute Resolution and Crisis Management
Dispute Resolution and Crisis Management
Specific Purpose of Crisis Management: 2. Crisis- begins with the crisis trigger evetn that marks the beginning of the
1. Prepares an organization to cope with an unexpected calamity. crisis. Ends when the crisis is considered resolved.
2. Shortens and lessens the impact of a crisis
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
3. Post-Crisis- when the crisis is resolved and deemed to be over, and the b.1. Mutiny- any overt act of defiance or attack upon military authority by
organization is considering what to do next. two or more persons subject to such authority.
Fink’s Four Phases Model of Crisis (Steven Fink, 1986) b.2. Insurrection- an organized and usually violent act of revolt or
1. Prodromal Stage- covers the period between first signs and crisis rebellion against an established government.
eruption.
2. Acute Stage- begins when a trigger unleashes the crisis event. b.3. Coup d’ etat- also known as “coup,” it is the sudden, violent overthrow
3. Chronic Stage- encompasses the lasting effect of the crisis. of an existing government by a small group. The chief prerequisite for a coup
4. Resolution stage- represents the end of the crisis and a time for is control of all or part of the armed forces, the police, and other military
internalizing what went wrong. elements.
Mitroff’s Five-Stage Crisis Management Model c. Revolution- an extra-constitutional attempt to replace one government
1. Crisis Signal Detection with another, and to effect a fundamental change in the type of government.
2. Probing and Prevention
3. Containment d. Border Incident- refers to boundary and territorial disputes.
4. Recovery
5. Learning e. War- conflict between political groups involving hostilities of considerable
duration and magnitude.
Principles of Proper Crisis Management
e.1. Conventional War- use of conventional or traditional means to wage
1. Whole-of-Nation Approach- the communication and engagement of all war.
stakeholders, specifically the leaders at all levels, in identifying emerging e.2. Biochemical War- use of biological (bacteria and virus) and
or immediate threats; coming up with solutions; developing shared goals; chemical weapon.
and aligning capabilities so that no one will be left behind in times of e.3. Nuclear War- nuclear weapons are use.
crisis.
f. Kidnapping- the taking of a person against his/her will or from the
2. Strengthened Inter-Agency Collaboration control of a parent or guardian from one place to another under
3. Efficient Situation Awareness-detects threats and crises long before it circumstance in which the person so taken does not have freedom of
occurs.
4. Tiered Response to Incidents- it is a must for the local government to be movement, will, or decision through violence, force, threat or intimidation.
capable and effective in managing crises.
5. Adaptable Operational Capabilities- crisis management response should g. Hijacking- seizing possession or control of a vehicle from one another
adapt to meet requirements of each and every crisis that would arise for it to by force or threat of force.
be effective.
6. Unity of Effort Through Unity of Command- requires a clear h. Hostage taking- It is a situation in which the perpetrators hold person/s
understanding of the roles and responsibilities of participating organizations. captive against their will.
7. Readiness to Act- response to a crisis depends on the responder’s
instinct and ability and readiness to act. i. Terrorist Activities
8. Intensified Public Information Campaign- effective public information
campaign is a key to effective crisis management. j. Attacks or Raids- violent attacks on government installations/facilities
and vital facilities.
II. PHASES OF CRISIS MANAGEMENT AND TYPES OF CRISIS B. Natural Crises- Disturbance of the environment which is generally
beyond the control of human.
Phases of Crisis Management
1. Proactive Phase- designed to predict or prevent the probability of a. Fire
occurrence at the same time prepare to handle them when they occur b. Marine/air disaster
2. Reactive Phase the actual execution or implementation of any c. Structural Collapse
contingency plan when a crisis situation occurs despite the proactive Collapse-refers to the failure of a structure or component to maintain its
measures. structural integrity.
3. Post Conflict Phase- the situation when the proactive and reactive
phases are done, and plans for post action and recovery are the focus and Two ways of Collapse:
put into full implementation. 1. Implosion- caused when interior weight bearing structures lose their
integrity and subsequently “pull” exterior walls into the center of the mass.
Types of Crises:
1. Man-Made Crises-have and element of human intent, negligence, or 2. Explosion- caused by an outward rush of force from a natural,
error, involving a failure of a man-made system. mechanical, or chemical force, which results in the building collapsing in an
“outward” direction.
a. Civil Disturbance- also known as “civil disorder” or “Civil Unrest.” Any d. Hazardous Spill
public disturbance involving acts of violence by assembling of three or more e. Utilities failure- unplanned malfunction or failure of essential utility
persons, which causes an immediate danger of or results in damage or systems including, but not limited to: electrical power distribution;
injury to the property or person of any other individual. plumbing; natural gas; emergency power; elevators; air conditioning;
boilers; and communications or patient care/medical equipment that do not
a.1. Labor Strike/Demonstration function according to their designed purpose and could result in a
Strike- means any temporary stoppage of work by the concerted action of potentially unsafe situation for patients, staff and visitors.
employees as a result of an industrial or labor dispute.
f. Nuclear accidents
Demonstration- a march or gathering which people take part into show g. Food scarcity/famine
their opposition to something or their support for something. h. fuel shortage
i. pestilence/epidemic
a.2. Riots- violent public disorders, specifically a tumultuous disturbance of
the public peace by three or more persons assembled together and acting EPIDEMIC- an outbreak of disease that spreads quickly and affects many
with a common intent. individuals at the same time.
Classification:
Tropical Depression- maximum sustained winds of up to 61
kilometer per hour (kph) or less than 33 nautical miles per hour (knots)
Tropical storm- 62- 88 kph or 34-47 knots.
Severe Tropical Storm 89- 117 kph or 48-63 knots
Typhoon 118- 220 kph (64-120 knots)
Super typhoon exceeding 220 kph (more than 120 knots)
PROACTIVE PHASE
1. Predict- foretelling of the likelihood of crises either natural occurring
or man-made through the continuous assessment of all possible threats
and threat group, as well as the analysis of developing or reported events
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
2. Peaceful means and other options in the Resolution of a Crisis
a. Strategic Situation Awareness- generating foresight in
crisis management
Detecting what is happening
Analyzing what seems to be
happening Determining how things
could go Preparing warning
products; and Conveying warnings
REACTIVE PHASE
5. Executive Order No. 309 of 1987- created the National Peace and
Order Council (NPOC)
2. Natural/Disaster- the PNP shall act as the first responder in the affected
area in order to provide area security and support to the conduct of search
and rescue operations to be spearheaded by the area Disaster Risk
Reduction Management Committees (DRRMC)
1. Sense making
2. Decision Making
3. Meaning making refers to crisis management as a political communication
4. Terminating Termination of crisis is only possible if the committee,
through its Chairperson, correctly handles the accountability questions.
5. Learning-refers to actual learning from a crisis
The Office of Civil Defense- implementing arm of the NDRRMC. They have
the primary mission of administering a comprehensive national civil
defense and disaster risk reduction and management program by
providing leadership in the continuous development of strategic and
systematic approaches as well as measures to reduce the vulnerabilities
and risks to hazards and manage the consequences of disasters.
The LDRRMC shall take the lead in preparing for, responding to, and
recovering from the effects of any disaster based on the following
criteria:
• The BDC, if a barangay is affected
• The city/municipal DRRMC’s, if 2 or more barangays are affected.
• The provincial DRRMC if 2 or more cities/municipalities are affected.
• The Regional DRRMC, if 2 or more provinces are affected.
• The NDRRMC, if two or more regions are affected.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
The National Security Council- the principal advisory body on the proper Metropolitan Manila Development Authority (MMDA) Chairperson
coordination and integration of plans and policies affecting national Romando Artes -to lead the regional inter-agency task groups in Metro
security. It is an advisory to the President. Manila
Chief Minister Murad Ebrahim-to lead the regional inter-agency
Two distinct Bodies Composing the NSC: task groups Bangsamoro
1. National Security Council Secretariat- permanent body that provides The Office of Civil Defense was tasked to lead the regional task
support to the Council proper. Headed by the Director General/National forces in other regions.
Security Adviser. It ensures that the policies formulated by the NSC and
Local Chief Executives of Municipalities, Cities, Provinces, and
approved by the President are effectively and efficiently implemented.
Barangays are also tasked as Chairpersons of the Local Task Forces.
2. Council Proper- the collegial body chaired by the President. It includes
VI. AFP-PNP NATIONAL AND LOCAL LEVEL OF CRISIS MANAGEMENT
concerned officials of the Cabinet and Congress, as members as well as other ORGANIZATION AND INTRODUCTION TO HOSTAGE TAKING
government officials and private citizens who may be invited by the SISTUATION
President.
The PNP and AFP complement each other in their pursuit to suppress
The NSC serves as the government’s National Crisis Management insurgency, and other serious threats to national security and in times of
Committee, addressing crises or incidents with broad implications on the national emergency.
exercise of sovereignty, integrity, of national territory, maintenance, of peace
and order, the protection of life, liberty and property, and the promotion of • The PNP enforces laws and ordinances and performs statutory
the general welfare of the people. functions while the AFP exercises primary responsibility on matters
involving suppression of insurgency and other serious threats to
NATIONAL LEVEL CRISIS MANAGEMENT COMMITTEE national security.
• The PNP provides assistance to the AFP in insurgency affected areas while
A. Executive Committee, National Security Council/ National Crisis the AFP is also responsible for the integrated territorial defense system.
Management Committee (EXECOM/NCMC) • The PNP assists the AFP for the dispositive action on arrested, captured or
• Highest executive policy making body that addresses man-made crises at surrendered insurgent within the prescribed reglementary period.
the national level. • The PNP provides assistance to the AFP in the arrest of suspected
• Informs the President of the situational and initial actions of agencies or insurgents with standing warrants of arrests, and
departments, and recommends to the President an appropriate inter- • The PNP and the AFP maintain close intelligence coordination and
agency/department response. exchanges and share each other’s accomplishment of their respective
• Chairman- President and/or Executive Secretary mission and functions.
1. Executive Secretary- the Cabinet-Officer Responsible (C-OPR) for: Hostage Situation -a set of circumstances wherein a suspected law violator
• Threats of terrorism is holding a person captive with the use of force and threat of violence while
• Threats to maritime borders the police are in close contact with the suspect and his captive.
• Threats concerning OFW’s
Hostage- an individual who has been held by the perpetrators against
2. Secretary of National Defense his/her will
• Threats to National Security
• Threats maritime Borders (intra-agency/department response as co- Hostage-taker- an individual or group of persons who hold another
manager) person(s) against his/her/their will as bargaining chips for purposes of
demanding certain amount of money, self-protection, thwarting any police
3. Secretary of Interior and Local Government action, or pursuing personal interest or that of the general public.
• The C-OPR for emerging and current threats to peace and order
Barricade Situation- an incident where a person or in this case a hostage
taker maintains a position of cover or concealment and ignores or resist law
enforcement personnel, and it is reasonable to believe the subject is armed
Inter-Agency Task Force for the Management of Emerging Infectious with a dangerous or deadly weapon
Diseases (IATF-EID)
Two Basic Concept in a Hostage-Barricade Situation:
--The Inter-Agency Task Force for the Management of Emerging Infectious 1. In a hostage-barricade situation , the hostage-takers have placed
Diseases (IATF-EID) themselves willingly in direct confrontation with the authorities and
-is a task force organized by the executive of the government of the therefore they must be prepared to deal with them. Since there is a
Philippines to respond to affairs concerning emerging infectious diseases in confrontation, it is safe to conclude that the hostage-takers are willing to
the country. discuss the situation.
--Created through Executive Order No. 168 issued by President Benigno 2. It is not the intent of the hostage-takers to get violent. They do not take
Aquino III in 2014. It was organized as the government's instrument to hostage with the expressed purpose of taking their hostages’ lives. They do it
assess, monitor, contain, control and prevent the spread of any potential in order to coerce the authorities to behave in certain ways and eventually
epidemic in the Philippines. to exchange the hostages for something they want.
--The IATF-EID convened in January 2020 to address the growing viral Terms to Remember:
outbreak in Wuhan, China. They made a resolution to manage the spreading
of the new virus, which was known at the time as 2019 novel coronavirus Courier – the person(s) delivering the concession(s), which,
(2019-nCoV) and eventually renamed to severe acute respiratory syndrome purports to be that being demanded by the offenders.
coronavirus 2 (SARS-CoV-2), the virus that causes COVID-19.[6] On March
9, 2020, President Duterte called the IATF-EID amidst the rising cases of Hot debrief – short debriefing conducted by negotiating team
COVID-19 in the Philippines. prior to turnover to another set of negotiating team.
ICER Method
Hostage taker – Negotiator Relationship
• Trust and rapport should be established, but while trust is there, be aware I- Isolate- keep onlookers beyond the safety lines
of it; C- Contain- contains the hostage-taker’s mobility to the smallest location in
Categories of Hostage Takers: the building or exterior area and deny him the opportunity to observe the
presence of police and their activities.
1. Criminals- generally more interested in money, escape or personal safety. E- Evaluate the situation because the original report may or may not be
2. Mentally-deranged Individuals- they take hostages because of what the situation actually is. Evaluation includes:
something that may have provoke them. • Gathering as much cursory information as possible.
3. Terrorists- they tend to be dedicated to their cause and are willing to risk • Assessing the threats
their lives to ensure its success. • Estimating the location of the command post as well as the number and
4. Person in Crisis- these are people who take hostages during a period proposed positions of back up officers needed to establish a temporary
of prolonged frustration, despair, and problems. inner perimeter.
5. Prisoners- these are people who take hostages stemming from their R- Report the number and identities of hostage-takers and hostages, along
dissatisfaction and discontent regarding their living condition in prisons. with their clothing descriptions, precipitating events, size and locations of
dangerous zones.
Personality Types of Hostage Takers:
Important Factors to Consider During a Hostage Taking Incident
1. Psychotic disorders- severe mental disorders that cause
abnormal thinking and perceptions 1. Intelligence gathering
1.1. Paranoid Schizophrenics- they are characterized by persistent false 2. motive
mental perceptions or beliefs. 3. hostage location
1.2. Psychotic Depressives- They experience extreme sadness, 4. setting
hopelessness, feelings of inadequacy, worthlessness, slow thinking and 5. Formulation of plan
speech and indecisiveness.
Reason Why the Hostage Taker Surrender:
2. Personality Disorders- enduring patterns of inner experience and • Exhaustion and boredom
behavior that deviates from the expectations of the individual’s culture, • Fear of the assault by the police
which often leads to distress or impairment. • Collapse of morale and/or motivation
• Disagreement among the hostage taker
2.1. Anti-Social Personalities- they are repeatedly in conflict with society, • Feeling of abandonment
thus, are incapable and are grossly selfish, callous and irresponsible. • Occurrence of medical problem during the process
• Conviction of futility of persistence
2.2. They are unable to respond effectively to emotional, social, • Decision of fighting another day-court and prison
intellectual and physical demands. • Achievement of the goal-publicity
• Development of confidence in the judicial process
Motives in hostage-taking: • Recognition by the police of the impossibility of demands they made
1. In political terrorism, reasons include showing the public that the • Assurance of a peaceful surrender into custody
government is unable to protect its own citizen. • Conviction that harm to hostage is unhelpful to their “cause.”
• Guarantee of safe passage of the stronghold
2. Hostage-taking guarantees immediate media coverage, and after • Expectation of early release or rescue
repeated hostage incidents, it is the hope of the terrorist that the • Intervention of intermediaries
government might overreact and become excessively restrictive with its • Expectation of political asylum
own citizens thus causing civil discontent and grassroots movement to • Direction of group leaders
overthrow thee government. • Assault by arrangement
• Backstage political agreement
3. Warring nations seek peace after exchange of hostages as a guarantee of
reciprocity. PNP Guidelines and Procedures in Handling Hostage Situation
4. In urban guerilla warfare, hostages are taken with little regard for law and a. First Responders (FR)- Personnel responding to the hostage incidents,
order. and are primarily responsible for minimizing injuries, strategically deploying
personnel, gathering intelligence and initiating a holding action to contain
5. Law enforcement officers will most likely encounter hostage incidents that the hostage-taker pending arrival of the SWAT/Crisis Response Team and
involve either criminals or the mentally-disturbed. the Crisis Negotiation Team.
a) If the hostages are taken in a criminal situation, it is usually because thee 1) Secure the incident scene and establish perimeter security.
criminal is unable to complete the crime and escapes before the police 2) Give situation update to concerned TOC and inform the Hostage
responds thus making hostage-taking a spontaneous event. Negotiation Team (HNT) for possible deployment.
b) The criminal’s primary reason for taking hostages is to ensure his own 3) Do not allow unauthorized persons at the incident scene.
safety. 4) Gather information about the hostage-taker and hostage(s)
c) The demands are invariably for safe passage and a means of escape in from witnesses.
return for the hostages’ lives. 5) Re-route traffic flow (if necessary).
d) It is also very common for hostage-takers to demand ransom. 6) Evacuate all persons within the vicinity of the incident scene.
7) Clear areas for use of other responders.
6. A husband or wife may take a child hostage in custody battles. 8) Establish Advanced Command Post (ACP).
9) Initiate contact with the hostage-taker through any available means.
7. A mentally-disturbed person may take hostages in order to right what he 10) If the situation becomes volatile, request for deployment of HNT.
believes to be wrong. However, at any given time, if the hostage-taker is neutralized, the HNT may
no longer be necessary.
8. Whatever the initial reason for hostage-taking, it is clear that the motive 11) Brief the TL, HNT of the situation and turn-over the conduct of
for holding hostages may change. negotiation.
12) Stay at the incident scene to maintain security, crowd and traffic control,
VII. OPERATIONAL PROCEDURES DURING HOSTAGE TAKING preserve evidence and take custody of witnesses.
SITUATIONS, AND HOSTAGE NEGOTIATION
b. Incident Commander (IC)-There shall be only one IC holding at least a
• During a hostage situation, the Hostage-takers can either: senior rank and/or one with experience in hostage/crisis situation or
1. Choose martyrdom, kill the hostages, and commit suicide relative training. Until such time that he/she officially designates a
2. Lessen one’s demands to a more achievable proportions and spokesperson, he/she may issue appropriate press statements and continue
continue negotiations to perform the role of the spokesperson.
3. Surrender
• The basic policy in hostage taking incidents is “ no concession to hostage 1) The IC shall, upon assessment of the situation, prepare necessary plans
takers” including but not limited to the following:
• However the overriding goals for any negotiation are the preservation of life a) Emergency Response Plan - depends on the threat posed by the hostage-
and the safe release of hostages takers and need of the HNT and IC.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
b) Breakout Plan - possibility of breakout shall be considered immediately 1. Containment of the Hostage Position- also known as operational
upon drawing up of negotiation strategy. This should be considered as one of containment. This includes but not limited to the following:
the priority plans. • Stabilization of the incident
c) Delivery Plan - in case the hostage-takers change plans in the middle of • Determining the exact location of the hostage-taker
the execution. • Physically containing the actions of the smallest area
d) Surrender Plan - shall be drawn up in a way that the Hostages’ lives will • Isolation of the scene
not be jeopardized. • Blocking avenues for escape
e) Hostage Reception/Release - for security reasons, released hostages shall
be contained and isolated. 2. Communication- establishing contact with the hostage-taker is the first
f) Collection Plan - safety of the police personnel involved is the order of business; this may be initiated by either the hostage takers of the
priority consideration. authorities.
2) In handling hostage situations, the IC shall be guided by the 3. Visual and Audio Surveillance
following courses of actions: • Binoculars
2.1. Negotiate • Telescope
(1) Situation must be stabilized first before the start of the negotiation. • Portable searching lights
(2) All attempts to negotiate must be done by remote means. • Night vision devices
(3) Adherence to the basic policy on safety of the hostage shall be • Television camera
paramount. • Spike or contact microphone
(4) Do not allow outsiders (non-law enforcement officers) into the negotiation • Telephone
process, unless their presence is extremely necessary in the solution of the • Intercoms
crisis. If so, they shall be properly advised on the Do’s and Don’ts of the
hostage negotiation. 4. Assault alternative-refers to the responding to hostage takers once
(5) Provide relevant information to the tactical teams. the decision to engage has been made.
(6) All communication with the hostage-taker must be secured and
protected.
(7) Always adhere to the ethics of negotiation. Hostage Negotiation and Recovery
2.2. Arrest
(1) Effect the arrest of the hostage-taker when situation warrants. Negotiation Approach- systematic process of starting to work on a task of
(2) Restrain the hostage-taker and conduct thorough search on his/her body negotiating and dealing with hostage-takers, in which the primary
and the immediate vicinity of the incident scene. consideration are the arrangements of terms and conditions between the
(3) Inform the arrested person of the circumstances of his/ her arrest, and authorities and suspects, which are necessary for the release of the
recite the Miranda warning, and anti torture warning. hostage/s
(4) All evidence must be secured and properly documented.
(5) Use reasonable force in arresting the hostage-taker. Negotiation –process in which two or more persons, groups or entities with
(6) Facilitate the transport of the hostage-taker to the nearest police station. conflicting interests voluntarily engage in a dialogue or discussion in order to
arrive at an agreement that will benefit all the parties concerned.
2.3. Tactical assault
(1) It may be resorted to if the hostage-taker poses imminent danger of Critical Points to Remember in Negotiation:
causing death or injury to the negotiator or hostage. • Goal is to reach an agreement that will benefit the concerned
(2) When all peaceful means were utilized and failed and the hostage-taker is individual/groups.
determined to become more violent. • A good negotiation fosters stronger working relationship between people
(3) When peaceful resolution of the incident becomes impossible. or groups and promotes mutual understanding among the concerned
individuals/groups, especially after reaching an agreement.
c. Hostage Negotiation Team (HNT) Negotiators shall be designated by IC. • All negotiators must be willing to work with those who have conflicting
No one shall be allowed to talk to the hostage-taker without clearance from interest.
the Negotiator or IC. The HNT is directly under the control and supervision • Negotiation can only be possible when both parties acknowledge the
of the IC. The HNT consists of the team leader/coordinator, primary legitimacy of each other’s conflicting viewpoints and are willing to work out a
negotiator, secondary negotiator, intelligence liaison/recorder and board solution or agreement in order to arrive at a win-win solution.
negotiator. The HNT shall: • Negotiators should learn how to give and take in order to achieve their
1) Set-up Negotiation Operation Center (NOC); desired outcomes and to find lasting solutions.
2) Initiate contact with the hostage-taker and obtain other information; • A good negotiation ends with all players winning or gaining something.
3) Give updates to the IC and brief him/her of the current situation; • negotiation involves and exchange of ideas between individuals.
4) Evaluate the necessity of resorting to other option without compromising • Every negotiator must have a high stress threshold and knowledge of
the safety of the hostage(s); human psychology.
5) Recommend for activation of CMC and deployment of CIMTG as • It is a must that before entering any negotiation, the negotiator must have
necessary; the background information vital to negotiating with the concerned parties.
6) Facilitate all deliveries, hostage receptions, and release and possible • All options must be weighed before agreeing to enter into negotiations.
surrender of hostage-taker; and • All negotiators must have the determination to take calculated risks to
7) Attend to all meetings called by the CMC or IC. avoid manipulation by the other party.
• When negotiating as a team, always get the commitment of every team
d. Assault Team An assault team shall be alerted for deployment in case the member before entering the meeting. Team members must be involved
negotiation fails. Members of the assault team shall wear authorized and in every action.
easily recognizable uniform during the conduct of the operation. • In all negotiations, always look beyond what the other party is
openly demanding.
e. Crowd Control -A crowd control team shall be deployed to manage • All lines of communication between parties must be open.
and control the crowd and augment the first responders in securing the • Maintain a positive attitude in cases when the negotiation did not work.
perimeter. • If deceit is to be used, tell lies but don’t get caught. Reevaluate your choices
and pursue another path; and
f. Support Personnel.-Support personnel shall include those in charge of • Negotiators must be alert and always ready to spot and resolve tactics such
managing traffic, firefighting, providing medical emergency assistance, as deadline and deadlock pressure, as well as lingering concerns and other
crime scene processing and rescue. potential barriers to the successful execution of a negotiated agreement. If
left unattended, these could lead to a breakdown in the agreement.
g. After the neutralization of the hostage-taker/s and rescue of the
hostage/s, the following processing and debriefing procedures shall be under Eight Steps in the Negotiation Process:
taken: 1. All of the players should be clear with their interests and demands.
1) Clear and secure the crime scene to avoid contamination of evidence; 2. Identify and acknowledge all conflicts and issues which need to be
2) Evacuate the hostages and other injured persons; resolved.
3) Conduct CSI; 3. Agree on a common goal.
4) Conduct debriefing on the hostages and participating personnel; 4. Bargain for a better deal
5) Take the sworn statement of witnesses, hostages, hostage-taker, and key 5. trade concessions
participants in the incident; 6. try to resolve the issues and problems of all those concerned
6) Initiate case conferences to facilitate filing of cases; 7. compromise
7) Issue press statements; 8. conclude with a formal or written agreement.
8) Submit reports to higher headquarters; and
9) Deactivate the CMC and CIMTG. Four Negotiation Stages and Critical Tasks:
1. Preliminary Stage
Tactical Procedures to be Followed in a Hostage Taking Incident • Create a climate conducive to the positive exchange of views and issues
such as resolving all past disputes/conflicts.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
• Establish rapport
2. Opening Stage 4. The details of the Hostage-takers
• Initial offer must be clearly stated.
• The other party’s opening position or initial demand must be clarified
and must be tested in a logical and relational manner.
3. Exploratory Stage
• Identify the other party’s underlying demands and needs through active
listening and probing through asking questions; and
• Test alternatives currencies of exchange must be tested.
4. Conclusion or the Closing Stage
• Currencies (terms) must be matched to the needs.
• Ensure that what has been agreed upon is enacted or implemented as
planned using the appropriate form such as a contact or a memorandum of
agreement.
The following shall not be provided in exchange for the safe release of
the hostages:
• Release of prisoners serving sentences in prison
• Major policy or constitutional changes
• Escape from prosecution of any person
• Capitulation by any authority
Objectives of Negotiation
1. the safe release of the hostage
2. the safe hand over of the perpetrators
3. arrest(apprehension) of the perpetrators
4. Minimize harm to both the hostage and the hostage-takers; and
5. Minimize damage to properties
Police Perspective:
Hostage Perspective:
For the Hostages, time allows the following
: Increases human needs
Identifies as an individual
Reduces anxiety
Exhaustion
Boredom
Increase opportunity for escape;
and Stockholm Syndrome may
develop
2. Cognitive Skills
Mentally agile
Logical,
rational
Think ahead, understand the value of intelligence and be able to
develop strategy
Be flexible and adaptive with the ability to think creatively and
laterally
Crisis Negotiating Team- under the control and supervision of the On-
Scene Commander or Incident Commander. It is one of the elements of the
Critical Incident Management Group.
Incident/On-Scene Commander
Negotiation Team Leader/Coordinator- an experienced
and competent negotiator with sound operational skills.
Primary Negotiator- principal negotiator.
Secondary Negotiator- gives direct support to the Primary
Negotiator in interpreting and implementing the Incident/On-Scene
Commander’s overall strategy through negotiation tactics.
Intelligence/Recorder Negotiator- provides a communication link
between the negotiators and the remainder of the police command structure.
Board Negotiator- it is the “board person” who maintains a visual
display of all information relevant to the negotiations.
Hostage-taker’s demands
Types of Demands:
1. Negotiable Demands
Food
Cigarett
es
Drinks
Alcohol
Transportatio
n Media
coverage
Freedom
VIII. DISPUTE RESOLUTION 4. Unfair Labor Practice (ULP) Strike- one called to protest against
employer’s acts of unfair practices enumerated by law.
Dispute Resolution- refers to number of processes used to resolve
conflict/dispute between parties. 5. Slow Down Strike- one staged without the workers quitting their work
but by merely slackening or by reducing their normal output.
Dispute- a disagreement, argument, or controversy, that gives rise to a legal
proceeding such as arbitration, mediation, or a lawsuit. 6. Wild-Cat Strike- one declared and staged without filing the required notice
of strike and without the majority approval of the recognized bargaining
Types of Dispute Resolution: agent.
1. Litigation- the process of resolving disputes by filing or answering
a complaint through the public court system. 7. Sit Down Strike- one where the workers stop working but do not leave
their place of work.
2. Alternative Dispute Resolution- refers to the procedure for settling
disputes without litigation, such as arbitration, mediation, or negotiation. Legal Requirements in Conducting Strikes and Lockouts:
Alternative Dispute Resolution System in the Philippines -A strike or lockout NOTICE shall be filed with the National Conciliation and
Mediation Board (NCMB) at least 15 days before the intended date of the
Republic Act No. 9285- "Alternative Dispute Resolution Act of 2004." strike or lockout if the issues raised are unfair labor practices, or at least 30
days before the intended date thereof if the issue involves bargaining
(a) "Alternative Dispute Resolution System" means any process or deadlock.
procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government In cases of dismissal from employment of union officers duly elected in
agency, as defined in this Act, in which a neutral third party participates to accordance with the union constitution and by-laws, which may constitute
assist in the resolution of issues, which includes arbitration, mediation, UNION BUSTING where the existence of the union is threatened, the 15-day
conciliation, early neutral evaluation, mini-trial, or any combination cooling-off period shall not apply and the union may take action immediately
thereof; after the strike vote is conducted and the result thereof submitted to the
Department of Labor and Employment.
Types of Alternative Dispute Resolution:
1. Arbitration- means a voluntary dispute resolution process in which one -A strike must be approved by a majority vote of the members of the Union
or more arbitrators, appointed in accordance with the agreement of the and a lockout must be approved by a majority vote of the members of the
parties, or rules promulgated pursuant to this Act, resolve a dispute by Board of Directors of the Corporation or Association or of the partners in a
rendering an award; partnership, obtained by secret ballot in a meeting called for that purpose .
--Arbitrator-means the person appointed to render an award, alone or
with others, in a dispute that is the subject of an arbitration agreement; -A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional
--Award-means any partial or final decision by an arbitrator in resolving the Branch at least 7 days before the intended strike or lockout subject to the
issue in a controversy; cooling-off period.
2. Mediation- means a voluntary process in which a mediator, selected by -In the event the result of the strike/lockout ballot is filed within the cooling-
the disputing parties, facilitates communication and negotiation, and assist off period, the 7-day requirement shall be counted from the day following the
the parties in reaching a voluntary agreement regarding a dispute. expiration of the cooling-off period. (NSFW vs. Ovejera, G.R. No. 59743, May
--Mediator- means a person who conducts mediation; 31, 1982) In case of dismissal from employment of union officers which may
--Information obtain through mediation is privileged and confidential constitute union busting, the time requirement for the filing of the Notice of
Strike shall be dispensed with but the strike vote requirement, being
3. Conciliation- also known as negotiation, it is the least formal type of ADR. mandatory in character, shall “in every case” be complied with.
The goal of conciliation is to help parties to come to a consensus on their
own, parties can involve a neutral third party into their conciliation to help -The dispute must not be the subject of an assumption of jurisdiction by the
facilitate an agreement. President or the Secretary of Labor and Employment, a certification for
compulsory arbitration, or submission to compulsory or voluntary
Labor Dispute arbitration nor a subject of a pending case involving the same grounds for
the strike or lockout.
Labor dispute (PD 442, Labor Code of the Philippines)--includes any
controversy or matter concerning terms and conditions of employment or the PNP General Policy and Guidelines on Labor Disputes
association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment, regardless of 1) General Policy and Guidelines
whether the disputants stand in the proximate relation of employer and a) The involvement of PNP personnel during strikes, lockouts and labor
employee. disputes in general shall be limited to the maintenance of peace and order,
enforcement of laws, and implementation of legal orders of the duly
Strikes, Picketing, Lockouts
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
CHAPS ONLINE/ONSITE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION ● NAPOLCOM
3rd Floor Highland Lumber Bldg., cor. Macaraig St., España Blvd., Sampaloc, Manila
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
constituted authorities. b) In case of actual violence, the police can respond occupying the first line of law enforcement and civil disturbance control;
without the written request. shall not participate in the physical dismantling of any structure subject of
c) No PNP personnel shall be allowed to render police assistance in demolition; and shall use only necessary and reasonable force.
connection with a strike or lockout if there is question or complaint as
regards his/her relationship by affinity or consanguinity to any 2) Procedures in the Enforcement of a Demolition and/or Ejectment Order
official/leader of the parties in the controversy or if he has financial or a) Risk and threat assessment shall be conducted;
pecuniary interest therein.
d) PNP personnel detailed as peace-keeping force in strike or lockout areas b) PNP personnel should be informed of the prevailing situation and their
shall wear the prescribed police uniform. tasks;
e) They shall exercise maximum tolerance and when called for by the
situation or when all other peaceful and non-violent means have been c) Strict observance of Human Rights must be adhered;
exhausted, police officers may employ such means as may be necessary and
reasonable to prevent or repel an aggression. d) As much as practicable, the COP shall lead the PNP contingent detailed to
f) The matter of determining whether a strike, picket or lockout is legal or assist the Sheriff or equivalent officer during the demolition/ejectment
not should be left to Department of Labor and Employment (DOLE) and its activity;
appropriate agencies. PNP personnel should not interfere in a strike, picket
or lockout, except as herein provided. e) All PNP personnel involved shall desist from the use of any unnecessary
g) No personal escort shall be provided to any of the parties to the force or any act that may harm, harass, or terrorize the affected parties;
controversy unless upon written request from DOLE. Whenever escorts
are to be provided, the other party shall be informed accordingly. All f) The mode of participation shall be limited to the maintenance of peace and
escorts shall be in prescribed uniform. order during the entire demolition/ejectment activity, ensuring the
h) During the pendency of a strike/lockout, the police personnel concerned protection of all parties from harm and injury;
are prohibited from socializing with any of the parties involved in the
controversy. g) Tear gas, water cannons, and reasonable force shall be used only when all
i) Liaison shall be established and maintained with the representatives of other peaceful and non violent means have been exhausted;
DOLE, management and the union in the strike/lockout area for the
purpose of maintaining peace and order, as well as to maintain a continuing h) Any PNP member whose families are affected with the demolition or
peaceful dialogue between the parties to the strike/lockout. ejectment shall adhere to the order issued by competent authority. In no
j) The peace-keeping detail shall establish a command post outside the 50- case shall a PNP member intervene during the implementation of such order
meter radius from the picket line. A PCO shall be designated as or enforcement of demolition and/or ejectment; and
Head/Commander of the peace keeping force that will be responsible for
the command and control of the detailed personnel. The members of the i) The COP shall ensure the presence of fire and medical teams in the activity
peacekeeping detail shall stay outside a 50-meter radius from the picket line. area.
However, in cases wherein the 50-meter radius includes a public
thoroughfare, they may station themselves in such public thoroughfare to ADR in the Philippines
ensure that the flow of traffic will be unhampered. Cooperative Development of the Philippines
2) Applicable Legal Parameters • Complaint
The pertinent provisions of the Public Assembly Act of 1985 (Batas • Appointment of Legal Officer by CDA
Pambansa 880), the Labor Code of the Philippines, as amended and other • Mediation
applicable laws, shall be observed during rallies, strikes, demonstrations or • Mediation Failed- No agreement
other public assemblies. Law enforcement agents shall, at all times: • Arbitration
a) Exercise maximum tolerance;
Philippine Construction Industry Arbitration Commission (CIAC)
b) In case of unlawful aggression, only reasonable force may be employed Dispute involving construction Industry
to prevent or repel it; • Mediation (not prohibited)
• Arbitration
c) The employment of tear gas and water cannons shall be made under the • Arbitral Award
control and supervision of the Ground Commander; and
Department of Agrarian Reform and Adjudication Board
d) No arrest of any leader, organizer, or participant shall be made during the
public assembly, unless he/she violates any pertinent law as evidence • Mediation before the Barangay Agrarian Reform Committee
warrants. • Arbitral Award
• Appeal to the DAR
Demolition and Ejectment Order • Appeal to Court of Appeals
Demolition Refers to the dismantling by the Local Government Unit (LGU)
any legally authorize agency or personnel of the government of all the National Conciliation and Mediation Board
structures within the premises subject for clearing
Resolve certain labor disputes (collective bargaining agreement)
Eviction- refers to the removal of a person and their belongings from a
subject building, structure, or area.
• Parties may negotiate
• Failed- NCMB conducts conference
Role of the PNP in the Enforcement of a Demolition and/or Ejectment
• Conciliation
Order
• Failed– adjudication by the National Labor Relations Commission
National Labor Relations Commission
a) Police assistance in the enforcement or implementation of a demolition or
ejectment order shall be granted only upon a written request of the Sheriff or
• Labor Disputes:
equivalent officer in quasi judicial and administrative bodies accompanied by • Termination
a valid order issued by a competent court, quasi-judicial or administrative only to
body and, when required, with written permission from the Local Housing
Board in accordance with Executive Order (EO) 708 amending EO 152 and
Department of Interior and Local Government (DILG) Memo Circular No.
2008-143. The proponent shall only be provided with police assistance upon
presentation of Certification from the Local Housing Board that
requirements under RA 7279 are complied with for urban areas. Moreover,
said police assistance shall be coordinated with the concerned LCE before its
enforcement. In no case shall a demolition involving informal settlers be
effected without a pre demolition conference with the presence of all parties
involved.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.