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(CRIM-6) DISPUTE RESOLUTION and CRISIS/INCIDENT MANAGEMENT

I. CRISIS MANAGEMENT
- it is an expert handling of a crisis or emergency to reduce or eliminate danger or damage, or the like,
especially on the part of the government.
CRISIS (from the Greek word “krisis) which means to decide.
- turning point in the progress of an affair or a series of events.
- Three elements of Crisis:
• A threat to the organization
• The element of surprise
• A short decision time
Emergency
- (Latin word “emergentia”) meaning “dipping/plinging”
- an unforeseen combination of circumstances or the resulting state that calls for immediate action

NOTE:
• If the situation is still controllable and the response given is for the purpose of containing the situation and
preventing it from getting out of control, then it is “emergency.”
• If the situation is already beyond normal control, then it is already a “crisis.”

Disaster- a serious disruption of the functioning of a community or society involving widespread human, material,
economic or environmental losses and impacts, which exceeds the ability of the affected community or society to
cope
using its resources.

Crisis Management Risk Management

Concerned with the process of identifying threats to an Often requires decisions to be made after a major event
organization and its major players, as well as the has already occurred and within a short timeframe
methods used by the organization to deal with such Concerned with identifying, assessing and mitigating
threats. any activity or event that could cause harm to business
Essential Elements of Crisis Management:

Two (2) Primary Essential Elements in Crisis Management:

1. Incident Management – an act of containing the situation within a certain level, mostly through
the law enforcement interventions.

2. Consequence Management- an act that focuses on mitigating the adverse effects that may be
brought about by an incident.

Essential Elements of an Effective Crisis Management:

1. Risk Analysis- pertains to the study of the potential crisis that might arise.

2. An Activation Protocol- This serves as the trigger for the crisis management plan.
3. A Chain of Command- refers to the succession of leadership from superior to a subordinate
through which the command is exercised. Also known as “Command Channel.”

4. A Command Center Plan- refers to the location or place that will serve as the base of operations
for the team during a crisis.
Command Post- a unit’s or sub-unit’s headquarters where the commander and the staff perform
their activities. The principal facility employed by the commander to control operations.

5. Response Action Plan- refers to the detailed planning on how the organization will respond to
various crises incident.
6.Internal Communication Programs- pertains to the systems and backup methods for members of the
crisis management team to communicate with each other.

7. External Communication Programs-refers to the plans for communicating with the public and
key external stakeholders.

8. Resources- pertains to everything the crisis management team might need.

9. Training- this aims to enhance specific agencies tasked for Crisis Response; command individual
and collective training, where individuals must be prepared to be part of an integrated, inter-agency
operations; should also address the operational and strategic needs of the stakeholders.
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10. A Review- refers to the procedure for updating the plan and analyzing Crisis Response.

Objectives of Crisis Management:

1. Resolve without further incident.
2. Safety of all participants.
3. Apprehension of all perpetrators.
4. Accomplish the task within the framework of current community standards.

Purpose of Crises Management:

The main goals of crisis management is Salvari Vitas (save lives)

Specific Purpose of Crisis Management:

1. Prepares an organization to cope with an unexpected calamity.
2. Shortens and lessens the impact of a crisis
3. Protects employees and anyone else affected
4. Preserves operations and productivity as much as possible5. Safeguard’s a company’s or organization’s
reputation.

Theories of Crisis Management:

1. Attribution Theory- states that companies suffer reputation and business harmwhen the public blames them
for a crisis.
2. Situational Crisis Communication Theory- Rooted in Attribution Theory- it statesthat business tailor crisis
communications to the crisis’ potential to hurt the company’s reputation. Crisis Managers must first determine the
threat to the company’s reputation by assessing which of the three clusters the crisis fits into:
2.1. The Victim Cluster- the organization is the victim.
2.2. The Accidental Cluster- the organization unintentionally caused the crisis.
2.3. The Intentional Cluster- the organization intentionally acted wrongly.
3. Diffusion of Innovation Theory (proposed by Everett Rogers)- It tackles thesharing of information during
emergency situation. The Four(4) dimensions that make up diffusion of innovation are:
3.1. Innovation- it is an idea, thing, procedure or system that is new, or perceived to be new by whoever
is adopting it.

3.2. Communication Channels-refers to the process by which people share information about an
innovation and includes the unit of adoption of an individual or organization that is familiar with the
innovation as well as other units of adoption who are not familiar with the innovation.

3.3. Time- refers to three components:

a. Innovation Decision Process- the timeframe when an individual ororganization becomes
aware of an innovation until they either adopt or reject the innovation.
b. Adopter Categories- refers to the level of inclination an individual ororganization has
toward innovation.
c. Rate Adoption- it considers the speed at which an innovation isadopted in a social system.
3.4. Social Systems- includes individuals, groups, organizations or subsystems that all share a common
goal.

5. Unequal Human Capital Theory- States that inequality amongst employees leads to crisis as the
workplace.

6. Chaos Theory- comes from mathematics, and states that some systems are so complex that small
differences in starting conditions can make them act very differently and unpredictably.

7. Image repair or Restoration Theory- shares a focus on rebuilding an organization’s reputation when it
has been damaged by a crisis.

Image repair strategies (Benoit)

7.1. Denial
7.2. Evading responsibility
• The accused individual justifies their own actions by passing blame onto another party and reducing their
own responsibility.
• The accused attempts to reduce their responsibility by affirming that they did not have sufficient
information or control to handle the situation effectively.
• The accused attempts to reduce their responsibility by relying on accidents and aims to pass the blame to
their arbitrary nature
• The accused attempts to reduce responsibility by attributing accidents to good intentions.
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7.3. Reducing Perceived Offensiveness

• Bolstering-attempts to increase positive sentiments towards the accused individual by highlighting past
actions or positive attributes.
• Minimization- convince the audience that the event in questions is not as damaging or scandalous as it has
been made out to be .
• Differentiation- comparing it to similar, yet more notorious act.
• Transcendence- reduce offensiveness by putting the event in question into a different context, or by
shifting the perception o the audience.
• Attacking one’s accuser- the accused individual will allege that the accusers deserved what happened.
• Compensation- the accused individual offers some type of reimbursement to reduce sentiments of ill will.

7.4. Corrective Action- Involves the accused individual promising to fix the position.
7.5. Mortification- the most direct of the aforementioned strategies. The accused individual admits
responsibility for the action in question and seeks forgiveness for them.

8. Structural Functional Theory- comes form sociology and looks at society as a structure made up of institutions
that function together to keep the whole running, like organs that work together to keep the body functioning.

Crisis Management Model- the conceptual framework for all aspects of preparing for, preventing, coping with,
and recovering from a crisis.

Three Stages Model (Coombs,2018) 1. Pre-Crisis- signal detection, prevention, and crisis
preparation

2. Crisis- begins with the crisis trigger evetn that marks the beginning of the crisis. Ends when the crisis is
considered resolved.

3. Post-Crisis- when the crisis is resolved and deemed to be over, and the organization is considering what to
do next.

Fink’s Four Phases Model of Crisis (Steven Fink, 1986)

1. Prodromal Stage- covers the period between first signs and crisis eruption.
2. Acute Stage- begins when a trigger unleashes the crisis event.
3. Chronic Stage- encompasses the lasting effect of the crisis.
4. Resolution stage- represents the end of the crisis and a time forinternalizing what went wrong.

Mitroff’s Five-Stage Crisis Management Model

1. Crisis Signal Detection
2. Probing and Prevention
3. Containment
4. Recovery
5. Learning

Principles of Proper Crisis Management

1. Whole-of-Nation Approach- the communication and engagement of allstakeholders, specifically the leaders at
all levels, in identifying emerging or immediate threats; coming up with solutions; developing shared goals; and
aligning capabilities so that no one will be left behind in times of crisis.

2. Strengthened Inter-Agency Collaboration

3. Efficient Situation Awareness-detects threats and crises long before it occurs.
4. Tiered Response to Incidents- it is a must for the local government to be capableand effective in managing
crises.
5. Adaptable Operational Capabilities- crisis management response should adapt tomeet requirements of each and
every crisis that would arise for it to be effective.
6. Unity of Effort Through Unity of Command- requires a clear understanding of theroles and responsibilities of
participating organizations.
7. Readiness to Act- response to a crisis depends on the responder’s instinct andability and readiness to act.
8. Intensified Public Information Campaign- effective public information campaign isa key to effective crisis
management.

II. PHASES OF CRISIS MANAGEMENT AND TYPES OF CRISIS

Phases of Crisis Management

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1. Proactive Phase- designed to predict or prevent the probability of occurrence atthe same time prepare to
handle them when they occur
2. Reactive Phase the actual execution or implementation of any contingency planwhen a crisis situation
occurs despite the proactive measures.
3. Post Conflict Phase- the situation when the proactive and reactive phases aredone, and plans for post action
and recovery are the focus and put into full implementation.

Types of Crises:
1. Man-Made Crises-have and element of human intent, negligence, or error, involving a failure of a man-made
system.

a. Civil Disturbance- also known as “civil disorder” or “Civil Unrest.” Any public disturbance involving
acts of violence by assembling of three or more persons, which causes an immediate danger of or results in
damage or injury to the property or person of any other individual.

a.1. Labor Strike/Demonstration

Strike- means any temporary stoppage of work by the concerted action of employees as a result of
an industrial or labor dispute.

Demonstration- a march or gathering which people take part into show their opposition to
something or their support for something.

a.2. Riots- violent public disorders, specifically a tumultuous disturbance of the public peace by three or
more persons assembled together and acting with a common intent.

a.3. Anarchy
Anarchism- is a cluster of doctrines and attitudes centered on the belief that government is both harmful
and unnecessary. Anarchy- the general lawlessness and disorder

a.4. Welga ng Bayan (people’s Strike) a general strike, which is, but an extended sympathetic strike; it is
work stoppage affecting numerous, if not, all employers including a particular employer who has no dispute
with his employees regarding their terms and conditions of employment.

b. Revolt- if a large number of people revolt, they refuse to to be controlled or ruled, and take action
against authority, often with the use of violent action.

b.1. Mutiny- any overt act of defiance or attack upon military authority by two or more persons subject to
such authority.

b.2. Insurrection- an organized and usually violent act of revolt or rebellion against an established
government.

b.3. Coup d’ etat- also known as “coup,” it is the sudden, violent overthrow of an existing government by
a small group. The chief prerequisite for a coup is control of all or part of the armed forces, the police,
and other military elements.

c. Revolution- an extra-constitutional attempt to replace one government with another, and to effect a
fundamental change in the type of government.

d. Border Incident- refers to boundary and territorial disputes.

e. War- conflict between political groups involving hostilities of considerable duration and magnitude.

e.1. Conventional War- use of conventional or traditional means to wage war.

e.2. Biochemical War- use of biological (bacteria and virus) and chemical weapon.
e.3. Nuclear War- nuclear weapons are use.

f. Kidnapping- the taking of a person against his/her will or from the control of a parent or guardian from
one place to another under circumstance in which the person so taken does not have freedom of
movement, will, or decision through violence, force, threat or intimidation.

g. Hijacking- seizing possession or control of a vehicle from one another by force or threat of force.

h. Hostage taking- It is a situation in which the perpetrators hold person/s captive against their will.

i. Terrorist Activities
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j. Attacks or Raids- violent attacks on government installations/facilities and vital facilities.

B. Natural Crises- Disturbance of the environment which is generally beyond the control of human.

a. Fire
b. Marine/air disaster
c. Structural Collapse
Collapse-refers to the failure of a structure or component to maintain its structural integrity.

Two ways of Collapse:

1. Implosion- caused when interior weight bearing structures lose theirintegrity and
subsequently “pull” exterior walls into the center of the mass.

2. Explosion- caused by an outward rush of force from a natural,mechanical, or chemical

force, which results in the building collapsing in an “outward” direction.
d. Hazardous Spill
e. Utilities failure- unplanned malfunction or failure of essential utility systems including, but not limited
to: electrical power distribution; plumbing; natural gas; emergency power; elevators; air conditioning;
boilers; and communications or patient care/medical equipment that do not function according to their
designed purpose and could result in a potentially unsafe situation for patients, staff and visitors.

f. Nuclear accidents
g. Food scarcity/famine
h. fuel shortage
i. pestilence/epidemic

EPIDEMIC- an outbreak of disease that spreads quickly and affects many individuals at the same time.

PESTILENCE- a contagious or infectious epidemic disease that is virulent and devastating.

Levels of Disease:
 Sporadic- occurs infrequently and irregularly.
 Endemic- constant presence and/or usual prevalence of a disease or infectious agent in a population
within a geographic area.
 Hyperendemic- persistent, high levels of disease occurrence.
 Epidemic- an increase, often sudden, in the number of cases of a disease above what is normally
expected in that population in that area.
 Outbreak- carries the same definition of epidemic, but is often used for a more limited geographical
areas.
 Cluster- aggregation of cases grouped in place and time that are suspected to be greater than the
number expected, even through the expected number may not be known.
 Pandemic- refers to an epidemic that has spread over several countries or continents, usually affecting
a large number of people.

j. Flood- rising and overflowing of a body of water especially onto normally dry land.

 Minor flooding - usually shallow and there may not be a perceptible flow
 Major Flooding - overflowing of rivers and lakes; serious breaks in dikes, leaves, dams, and other
protective structures; by uncontrollable releases of impounded water in reservoirs and by the
accumulation of excessive runoff.
 Flash Flood - developed in hilly and mountainous terrain where the slope of the river is rather
steep.

k. Volcanic Eruption- the expulsion of gases, rock fragments, and/or molten lava from within the
Earth through a vent onto the Earth’s surface or into the atmosphere.

Volcanic hazards directly associated with eruption:

 Lava flow- molten rock moving downslope or away from an eruption vent.
 Tephra fall or Ash Fall-
Tephra-fragmented volcanic particles
Ash- fragmented volcanic particles less than 2 mm in diameter.

 Pyroclastic Density Currents (PDCs)- mixtures of fragmented volcanic particles, hot gasses, and
ash that rush down the volcanic slopes or rapidly outward from a source vent at high speeds.
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 Lateral Blast- laterally-directed thrusts of hot gas and ash that can be generated from an exploding
dome on the summit vent or inside the edifice when sudden mass failure of the volcanic flanks
occur.
Volcanic hazards indirectly associated with eruption (PHIVOLCS)
 Lahar (volcanic mudflows/ debris flows)- slurries of volcanic sediment, debris, and water that
cascade down a volcano’s slopes through rivers and channels.
 Debris Avalanche- mass failure of the flanks of a volcano edifice due to magma intrusion, a strong
earthquake or the movements of faults beneath the edifice.
 Volcanic tsunami- occur in caldera lakes when water is displaced by deformation of the lake floor
caused by rising magma or the entry of the PDC’s or landslide into the lake, or in seas when water
is displaced by PDC’s or debris avalanche from volcanoes.
 Ground Deformation- ascending magma can cause the volcano edifice to swell before and during
and eruption.
 Secondary Explosion- can be generated in still hot volcanic deposits such as those of PDC’s and
lava flow when these come into contact with water by erosion, rising ground water or rainfall.

l. Earthquake-Sudden shaking of the ground caused by the passage ofseismic waves through Earth’s
rock.

m. Tidal waves- shallow water wave caused by the gravitational interactionsbetween the Sun, Moon,
and Earth.

Tsunami- series of sea waves commonly generated by under-sea earthquakes and whose height could be
greater than 5 meters.

 Local tsunamis- confine to coast within a hundred kilometers of the source.

 Far field or distant tsunamis- can travel from 1 to 24 hours before reaching the coast of the nearby
countries.
n. Typhoon (tropical Cyclones) – warm-core low pressure systems associatedwith a spiral inflow of
mass at the bottom level and spiral outflow at the top level.

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)

o. Drought-deficiency of precipitation over extended period of time, usually aseason or more. This
deficiency results in water shortage for some activity, group, or environmental sector.

The 5P Crisis Management Model:

PROACTIVE PHASE
1. Predict- foretelling of the likelihood of crises either natural occurring or manmade through the continuous
assessment of all possible threats and threat group, as well as the analysis of developing or reported events and
incidents.

Undertaken through Situational Awareness, which is the ability to extract and integrate information in a
continuously changing environment and to use such information to direct future actions.

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

b. Operational Situational Awareness- provide information crucial for the agency/department’s

preparation and execution of contingency, crisis action, and crisis recovery plan against diverse threats.

 Planning and direction- identifying course of action

 Collection- gathering of information
 Processing- evaluating all gathered information
 Analysis and production-taking a closer look at all the information and how it fits together.
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 Dissemination- giving the final written analyses

c. Tactical Situational Awareness- systematic and continuous process of monitoring an identified

threat shortly before a crisis occurs.

2. Prepare- essential for effective response. Entails planning, organization, training and stockpiling of
equipment and supplies needed for such crises/emergencies.

6 essential activities in preparation:

 Plan
 Organize
 Train
 Equip
 Exercise
 Evaluate and Improve

3. Prevent- Prevention is the deliberate action that aims to avoid future harm by addressing its causes.

REACTIVE PHASE

4. Perform- performance is the actual implementation of contingency plans when a crisis occurs, despite the pro-
active measures undertaken.

POST INCIDENT PHASE

5. Post-action- a component which begins when the crisis has been addressed and the situation is deemed clear.

III. CRISIS MANAGEMENT POLICY

Legal Regimes in Crisis Management

1. ARTICLE II, Declaration of Principles and State Policies

• SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

• SECTION 4. The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service.

2. ARTICLE XVI, General Provisions

SECTION 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered and controlled by a national police commission. The authority of local executives over
the police units in their jurisdiction shall be provided by law.

3. RA 7160 or Local Government Code

4. RA 6975 or DILG Act of 1990

5. Executive Order No. 309 of 1987- created the National Peace and Order Council(NPOC)

6. Executive Order No. 366 of 1996,-amended E.O. 309 of 1987 and created theBarangay Peace and Order
Council.

7. Republic Act No. 10121- Philippine Disaster Risk Reduction and Management Actof 2010.

8. Executive Order No. 336 of 2001- establishes the National Council for CivilAviation Security (NCCAS)
formerly known as National Action Committee on AntiHijacking and Anti-Terrorism (NACAHT)

Policy on Terrorism particularly on Hostage Taking Situations

1. Subscription to Anti-Terrorism Covenants
2. Peaceful means and other options in the Resolution of a Crisis
3. Coordinated and calculated response against terrorism
4. Terrorism as a criminal act
5. No compromise with Terrorist
6. Respect for Human Rights
7. Prompt Handling of a crisis at the lowest possible level
8. Public Information Management and advocacy
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9. Safety of victims and Civilians

PNP Operational Procedure on Critical Incident Management

The PNP is at the forefront of crisis situations, it plays as essential and active role in crisis management in
the country. The PNP accomplished this role by organizing its own Incident Management Committee (IMC) in
support of the NPOC and NDRRMC
 Secretary of the Interior and Local Government (SILG)- designated as the Cabinet- Officer Primarily
Responsible(C-OPR) for threats to peace and order.  Two types of incidents to be handled:

1. Man-made Incidents
1.1. Managing an Incident that can be resolved by the responding policemen without Crisis Management
(CMC) involvement. Example: Hostage taking of a father to his son.

1.2. Managing an incident that entails CMC-directed operations

• Both actions of the PNP in either situation follow the Incident Command System (ICS) operational
procedures

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)

PNP’s Alert Level During Man Made Critical Incidents:

• Level 1 (Low)- no information to suggest a specific man-made Critical Incident may occur.
• Level 2 (Moderate)- Man-made Critical Incidents is possible, but not likely
• Level 3 (High)- there is a strong possibility that man-made Critical Incidents may occur within a short
period of time.
• Level 4 (Extreme)- Man-made Critical Incident has just occurred or has just been preempted; or incident
are expected.

PNP’s Stages in Disaster Management

Level 1- Green/Pre-Disaster Stage- when there are no disaster or calamities the disaster management team should
conduct Pro-active Assessment activities Level 2-Red/Disaster Response Stage – when there is an official forecast
of an incoming natural disaster in the country and when an unexpected natural disaster suddenly occurs in the
country.

Level 3- White/Post Disaster Stage- when the Natural disaster is finally over and Support to Recovery and
Rehabilitation Efforts are being done.

IV. CRISIS MANAGEMENT ORGANIZATION IN THE PHILIPPINES FOR NATURAL DISASTERS

Crisis Management Organization- determine the levels of authority, responsibility and accountability.

Significant Characteristics in Establishing Crisis Management Organizations:

1. Short deliberation time
2. National and Local Level Coordination
3. Integration of Government Agencies and Other Stakeholders
Crisis Management Committee (CMC)-governing body that takes decisive actions to resolve crises or
emergencies.

5 Critical Tasks of the CMC

1. Sense making
2. Decision Making
3. Meaning making refers to crisis management as a political communication4. 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

Incident Command System (ICS) – a set of personnel, policies, procedures, facilities, and equipment, integrated into
a common organizational structure designed to improve emergency response operations of all types and
complexities.

ICS Organizational Structure

Three(3) Models in the ICS Organizational Structure

1. Incident Commander- single person who commands the incident response

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2. General Staff- provide planning and operations direction and supervision,resources procurement and allocation,
and support services. Compose of:
• The Operational Chief
• The Planning Section Chief
• The Finance/Administration Section Chief
• The Logistics Section Chief
3. Technical Staff- provide technical advice to the incident Commander. Consists of:
• The Safety Officer
• A Liaison- serves ad the primary contact for supporting agencies assisting at an incident.
• The Public Information Officer- serves a conduit for information to internal and external stakeholders,
including the media or other organizations seeking information directly from the incident or event.

Public Information Officer or the Spokesperson – ensures that accurate information and a consistent message is
provided to the media in a crisis.

Public and Media Affairs Group- helps build the reputation of the CMC involved. It shall be organized within the
ICS.

National Government and Media Platforms- referred to as Communications Group.

On-Scene Commander- an individual in the vicinity of an incident , who temporarily assumes command and
institutes immediate emergency procedures, such as the isolation of the incident for the rest of the environment .
Part of the second type of first responder.

First Responder/s- carries out the immediate and timely response needed in addressing an incident.

National Disaster Risk Reduction and Management Council (NDRRMC)- as a matter of policy, natural calamities
and disasters will be the responsibility of the NDRRMC.

 The Secretary of the Department of National Defense is the Chairperson of the NDRRMC

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.

Regional Disaster Risk Reduction and Management Council- formerly known as Regional Disaster Coordinating
Councils. Has the responsibility to coordinate, integrate, supervise, and evaluate the activation of the LDRRMC’s.
Local Disaster Risk Reduction and Management Councils- formerly known as Provincial, City, and Municipal
Disaster Coordinating Councils.

Barangay Development Councils- formerly known as Barangay Disaster Coordinating Councils. They Serve as the
LDRRMC’s in every barangay.

Local Disaster Risk Reduction and Management Office- responsible for setting the direction, development,
implementation, and coordination of disaster risk management programs within their territorial jurisdiction.

Coordination during Emergencies:

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.

5. CRISIS MANAGEMENT ORGANIZATION IN THE PHILIPPINES FOR HUMAN INDUCED CRISIS

National Peace and Order Council- Addresses various aspects of national security, particularly those affecting
peace and order. Also addresses different aspects of crime prevention and suppression. It is organized on the
national, regional, provincial, city and municipal levels of government.

Functions of the NPOC:

• Contribute to the strategies of the National Security Council that would effectively respond to peace and
order problems
• Coordinate and monitor peace and order plans
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• Provides a forum for interdisciplinary dialogue and deliberation of major issues and problems affecting
peace and order
• Perform such other duties and functions as the President may direct.

Chairman- Secretary of the Interior and Local Government

The National Security Council- the principal advisory body on the proper coordination and integration of plans and
policies affecting national security. It is an advisory to the President.

Two distinct Bodies Composing the NSC:

1. National Security Council Secretariat- permanent body that provides support to the Council
proper. Headed by the Director General/National Security Adviser. It ensures that the policies formulated
by the NSC and approved by the President are effectively and efficiently implemented.

2. Council Proper- the collegial body chaired by the President. It includes concerned officials of the
Cabinet and Congress, as members as well as other government officials and private citizens who may be
invited by the President.

The NSC serves as the government’s National Crisis Management Committee, addressing crises or
incidents with broad implications on the exercise of sovereignty, integrity, of national territory, maintenance, of
peace and order, the protection of life, liberty and property, and the promotion of the general welfare of the people.

NATIONAL LEVEL CRISIS MANAGEMENT COMMITTEE

A. Executive Committee, National Security Council/ National Crisis Management Committee (EXECOM/NCMC)
• Highest executive policy making body that addresses man-made crises at the national level.
• Informs the President of the situational and initial actions of agencies or departments, and recommends to
the President an appropriate interagency/department response.
• Chairman- President and/or Executive Secretary

Cabinet-Officer Primarily Responsible

1. Executive Secretary- the Cabinet-Officer Responsible (C-OPR) for:

• Threats of terrorism
• Threats to maritime borders
• Threats concerning OFW’s

2. Secretary of National Defense

• Threats to National Security
• Threats maritime Borders (intra-agency/department response as co-manager)

3. Secretary of Interior and Local Government

• The C-OPR for emerging and current threats to peace and order

Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID)

--The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID)
-is a task force organized by the executive of the government of the Philippines to respond to affairs
concerning emerging infectious diseases in the country.

--Created through Executive Order No. 168 issued by President Benigno Aquino III in 2014. It was organized as the
government's instrument to assess, monitor, contain, control and prevent the spread of any potential epidemic in the
Philippines.

--The IATF-EID convened in January 2020 to address the growing viral 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
(2019-nCoV) and eventually renamed to severe acute respiratory syndrome coronavirus 2 (SARS-CoV2), the virus
that causes COVID-19.[6] On March 9, 2020, President Duterte called the IATF-EID amidst the rising cases of
COVID-19 in the Philippines.

Chair: Department of Health Co-Chair:

Office of the Cabinet Secretary
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Department of Environment and Natural Resources

 The Joint Task Force COVID-19 Shield is a task force intended to enforce quarantine protocols in border
checkpoints and streets, and maintain peace, order, and security throughout the country to help control the
spread of COVID19.
The task force is composed of the
• Philippine National Police (PNP),
• the Armed Forces of the Philippines (AFP),
• the Philippine Coast Guard (PCG),  the Bureau of Fire Protection (BFP), and  Barangay tanods.

 Metropolitan Manila Development Authority (MMDA) Chairperson Romando Artes -to lead the regional inter-
agency task groups in Metro Manila
 Chief Minister Murad Ebrahim-to lead the regional inter-agency task groups Bangsamoro
 The Office of Civil Defense was tasked to lead the regional task forces in other regions.
 Local Chief Executives of Municipalities, Cities, Provinces, and Barangays are also tasked as Chairpersons of
the Local Task Forces.
VI. AFP-PNP NATIONAL AND LOCAL LEVEL OF CRISIS MANAGEMENT ORGANIZATION AND
INTRODUCTION TO HOSTAGE TAKING SISTUATION

The PNP and AFP complement each other in their pursuit to suppress insurgency, and other serious threats to
national security and in times of national emergency.

• The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises primary
responsibility on matters involving suppression of insurgency and other serious threats to national security.
• The PNP provides assistance to the AFP in insurgency affected areas while the AFP is also responsible for
the integrated territorial defense system.
• The PNP assists the AFP for the dispositive action on arrested, captured or surrendered insurgent within the
prescribed reglementary period.
• The PNP provides assistance to the AFP in the arrest of suspected insurgents with standing warrants of
arrests, and
• The PNP and the AFP maintain close intelligence coordination and exchanges and share each other’s
accomplishment of their respective mission and functions.

Hostage Situation

Hostage Situation -a set of circumstances wherein a suspected law violator is holding a person captive with the use
of force and threat of violence while the police are in close contact with the suspect and his captive.

Hostage- an individual who has been held by the perpetrators against his/her will

Hostage-taker- an individual or group of persons who hold another person(s) against his/her/their will as
bargaining chips for purposes of demanding certain amount of money, self-protection, thwarting any police action,
or pursuing personal interest or that of the general public.

Barricade Situation- an incident where a person or in this case a hostage taker maintains a position of cover or
concealment and ignores or resist law enforcement personnel, and it is reasonable to believe the subject is armed
with a dangerous or deadly weapon
Two Basic Concept in a Hostage-Barricade Situation:
1. In a hostage-barricade situation , the hostage-takers have placedthemselves willingly in direct
confrontation with the authorities and therefore they must be prepared to deal with them. Since there is a
confrontation, it is safe to conclude that the hostage-takers are willing to discuss the situation.

2. It is not the intent of the hostage-takers to get violent. They do not takehostage with the expressed
purpose of taking their hostages’ lives. They do it in order to coerce the authorities to behave in certain
ways and eventually to exchange the hostages for something they want.

Terms to Remember:

 Courier – the person(s) delivering the concession(s), which, purports to be that being demanded by the
offenders.

 Hot debrief – short debriefing conducted by negotiating team prior to turnover to another set of negotiating
team.

 Intermediary – any person authorized by the incident/On-Scene Commander to communicate with the hostage-
takers either upon the request of the latter or to facilitate smooth communication between the designated
negotiators and the hostage-taker.
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 Stockholm Syndrome – hostages express adulation and have a positive feelings toward their captors that appear
irrational light of the danger or risk endured by the victim. (coined by Nils Bejerot).

 Lima syndrome – abductors develop sympathy for their hostages.

 London Syndrome – one or more hostages respond to captors with belligerence and non-cooperation.

 Stronghold – any location or structure, fixed or mobile, where the hostage is being held.

 Proof of life-- positive proof that the hostage is alive, obtained from a reliable or verified source.

 Cardinal Rule in Negotiation

o “Commander should not negotiate, negotiator should not command.”

 Hostage taker – Negotiator Relationship

• Trust and rapport should be established, but while trust is there, be aware of it;

Categories of Hostage Takers:

1. Criminals- generally more interested in money, escape or personal safety.

2. Mentally-deranged Individuals- they take hostages because of somethingthat may have provoke them.
3. Terrorists- they tend to be dedicated to their cause and are willing to risktheir lives to ensure its success.
4. Person in Crisis- these are people who take hostages during a period ofprolonged frustration, despair,
and problems.
5. Prisoners- these are people who take hostages stemming from theirdissatisfaction and discontent
regarding their living condition in prisons.

Personality Types of Hostage Takers:

1. Psychotic disorders- severe mental disorders that cause abnormal thinking and perceptions
1.1. Paranoid Schizophrenics- they are characterized by persistent falsemental perceptions or
beliefs.
1.2. Psychotic Depressives- They experience extreme sadness,hopelessness, feelings of
inadequacy, worthlessness, slow thinking and speech and indecisiveness.

2. Personality Disorders- enduring patterns of inner experience and behavior that deviates from the
expectations of the individual’s culture, which often leads to distress or impairment.

2.1. Anti-Social Personalities- they are repeatedly in conflict withsociety, thus, are incapable
and are grossly selfish, callous and irresponsible.

2.2. They are unable to respond effectively to emotional, social,intellectual and physical
demands.

Motives in hostage-taking:
1. In political terrorism, reasons include showing the public that the government is unable to protect its own
citizen.

2. Hostage-taking guarantees immediate media coverage, and after repeated hostage incidents, it is the hope of the
terrorist that the government might overreact and become excessively restrictive with its own citizens thus
causing civil discontent and grassroots movement to overthrow thee government.

3. Warring nations seek peace after exchange of hostages as a guarantee of reciprocity.

4. In urban guerilla warfare, hostages are taken with little regard for law and order.
5. Law enforcement officers will most likely encounter hostage incidents that involveeither criminals or the
mentally-disturbed.
a) If the hostages are taken in a criminal situation, it is usually because thee criminal is unable to complete
the crime and escapes before the police responds thus making hostage-taking a spontaneous event.
b) The criminal’s primary reason for taking hostages is to ensure his own safety.
c) The demands are invariably for safe passage and a means of escape in return for the hostages’ lives.
d) It is also very common for hostage-takers to demand ransom.

6. A husband or wife may take a child hostage in custody battles.

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7. A mentally-disturbed person may take hostages in order to right what he believesto be wrong.

8. Whatever the initial reason for hostage-taking, it is clear that the motive for holding hostages may change.

VII. OPERATIONAL PROCEDURES DURING HOSTAGE TAKING SITUATIONS, AND HOSTAGE

NEGOTIATION

• During a hostage situation, the Hostage-takers can either:

1. Choose martyrdom, kill the hostages, and commit suicide
2. Lessen one’s demands to a more achievable proportions and continuenegotiations 3. Surrender
• The basic policy in hostage taking incidents is “ no concession to hostage takers”
• However the overriding goals for any negotiation are the preservation of life and the safe release of
hostages

Four Courses of Action

1. amass officers and massive fire powers and assault.
2. Use Selective sniper fire
3. Use chemical agents
4. Contain the area and negotiate through a specially trained negotiator.

ICER Method

I- Isolate- keep onlookers beyond the safety lines

C- Contain- contains the hostage-taker’s mobility to the smallest location in the building or exterior area and deny
him the opportunity to observe the presence of police and their activities.
E- Evaluate the situation because the original report may or may not be what the situation actually is. Evaluation
includes:
• Gathering as much cursory information as possible.
• Assessing the threats
• Estimating the location of the command post as well as the number and proposed positions of back up
officers needed to establish a temporary inner perimeter.
R- Report the number and identities of hostage-takers and hostages, along with their clothing descriptions,
precipitating events, size and locations of dangerous zones.

Important Factors to Consider During a Hostage Taking Incident

1. Intelligence gathering
2. motive
3. hostage location
4. setting
5. Formulation of plan

Reason Why the Hostage Taker Surrender:

• Exhaustion and boredom
• Fear of the assault by the police
• Collapse of morale and/or motivation
• Disagreement among the hostage taker
• Feeling of abandonment
• Occurrence of medical problem during the process
• Conviction of futility of persistence
• Decision of fighting another day-court and prison
• Achievement of the goal-publicity
• Development of confidence in the judicial process
• Recognition by the police of the impossibility of demands they made
• Assurance of a peaceful surrender into custody
• Conviction that harm to hostage is unhelpful to their “cause.”
• Guarantee of safe passage of the stronghold
• Expectation of early release or rescue
• Intervention of intermediaries
• Expectation of political asylum
• Direction of group leaders
• Assault by arrangement
• Backstage political agreement

PNP Guidelines and Procedures in Handling Hostage Situation

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a. First Responders (FR)- Personnel responding to the hostage incidents, and areprimarily responsible for
minimizing injuries, strategically deploying personnel, gathering intelligence and initiating a holding action to
contain the hostage-taker pending arrival of the SWAT/Crisis Response Team and the Crisis Negotiation Team.
1) Secure the incident scene and establish perimeter security.
2) Give situation update to concerned TOC and inform the Hostage Negotiation Team (HNT) for possible
deployment.
3) Do not allow unauthorized persons at the incident scene.
4) Gather information about the hostage-taker and hostage(s) fromwitnesses.
5) Re-route traffic flow (if necessary).
6) Evacuate all persons within the vicinity of the incident scene.
7) Clear areas for use of other responders.
8) Establish Advanced Command Post (ACP).
9) Initiate contact with the hostage-taker through any available means.
10)If the situation becomes volatile, request for deployment of HNT.However, at any given time, if the
hostage-taker is neutralized, the HNT may no longer be necessary.
11)Brief the TL, HNT of the situation and turn-over the conduct of negotiation.
12)Stay at the incident scene to maintain security, crowd and traffic control,preserve evidence and take
custody of witnesses.

b. Incident Commander (IC)-There shall be only one IC holding at least a senior rankand/or one with
experience in hostage/crisis situation or relative training. Until such time that he/she officially designates a
spokesperson, he/she may issue appropriate press statements and continue to perform the role of the spokesperson.

1) The IC shall, upon assessment of the situation, prepare necessary plans includingbut not limited to the
following:
a) Emergency Response Plan - depends on the threat posed by the hostage-takers and need of the
HNT and IC.
b) Breakout Plan - possibility of breakout shall be considered immediatelyupon drawing up of
negotiation strategy. This should be considered as one of the priority plans.
c) Delivery Plan - in case the hostage-takers change plans in the middle ofthe execution.
d) Surrender Plan - shall be drawn up in a way that the Hostages’ lives willnot be jeopardized.
e) Hostage Reception/Release - for security reasons, released hostages shallbe contained and isolated.
f) Collection Plan - safety of the police personnel involved is the priorityconsideration.

2) In handling hostage situations, the IC shall be guided by the following courses ofactions:
2.1. Negotiate
(1) Situation must be stabilized first before the start of the negotiation.
(2) All attempts to negotiate must be done by remote means.
(3) Adherence to the basic policy on safety of the hostage shall beparamount.
(4) Do not allow outsiders (non-law enforcement officers) into the negotiationprocess, unless their
presence is extremely necessary in the solution of the crisis. If so, they shall be properly advised on the
Do’s and Don’ts of the hostage negotiation.
(5) Provide relevant information to the tactical teams.
(6) All communication with the hostage-taker must be secured and protected.
(7) Always adhere to the ethics of negotiation.
2.2. Arrest
(1) Effect the arrest of the hostage-taker when situation warrants.
(2) Restrain the hostage-taker and conduct thorough search on his/her bodyand the immediate vicinity of
the incident scene.
(3) Inform the arrested person of the circumstances of his/ her arrest, andrecite the Miranda warning, and
anti torture warning.
(4) All evidence must be secured and properly documented.
(5) Use reasonable force in arresting the hostage-taker.
(6) Facilitate the transport of the hostage-taker to the nearest police station.

2.3. Tactical assault

(1) It may be resorted to if the hostage-taker poses imminent danger ofcausing death or injury to the
negotiator or hostage.
(2) When all peaceful means were utilized and failed and the hostage-taker isdetermined to become more
violent.
(3) When peaceful resolution of the incident becomes impossible.
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c. Hostage Negotiation Team (HNT) Negotiators shall be designated by IC. No oneshall be allowed to talk to
the hostage-taker without clearance from the Negotiator or IC. The HNT is directly under the control and
supervision of the IC. The HNT consists of the team leader/coordinator, primary negotiator, secondary negotiator,
intelligence liaison/recorder and board negotiator. The HNT shall:
1) Set-up Negotiation Operation Center (NOC);
2) Initiate contact with the hostage-taker and obtain other information;
3) Give updates to the IC and brief him/her of the current situation;
4) Evaluate the necessity of resorting to other option without compromisingthe safety of the hostage(s);
5) Recommend for activation of CMC and deployment of CIMTG as necessary;6) Facilitate all deliveries,
hostage receptions, and release and possible surrender of hostage-taker; and
7) Attend to all meetings called by the CMC or IC.

d. Assault Team An assault team shall be alerted for deployment in case thenegotiation fails. Members of the
assault team shall wear authorized and easily recognizable uniform during the conduct of the operation.

e. Crowd Control -A crowd control team shall be deployed to manage and control thecrowd and augment the
first responders in securing the perimeter.

f. Support Personnel.-Support personnel shall include those in charge of managingtraffic, firefighting,

providing medical emergency assistance, crime scene processing and rescue.

g. After the neutralization of the hostage-taker/s and rescue of the hostage/s, thefollowing processing and
debriefing procedures shall be under taken:
1) Clear and secure the crime scene to avoid contamination of evidence;
2) Evacuate the hostages and other injured persons;
3) Conduct CSI;
4) Conduct debriefing on the hostages and participating personnel;
5) Take the sworn statement of witnesses, hostages, hostage-taker, and keyparticipants in the incident;
6) Initiate case conferences to facilitate filing of cases;
7) Issue press statements;
8) Submit reports to higher headquarters; and9) Deactivate the CMC and CIMTG.
Tactical Procedures to be Followed in a Hostage Taking Incident

1. Containment of the Hostage Position- also known as operational containment.

This includes but not limited to the following:
• Stabilization of the incident
• Determining the exact location of the hostage-taker
• Physically containing the actions of the smallest area
• Isolation of the scene
• Blocking avenues for escape

2. Communication- establishing contact with the hostage-taker is the first order ofbusiness; this may be initiated
by either the hostage takers of the authorities.

3. Visual and Audio Surveillance

• Binoculars
• Telescope
• Portable searching lights
• Night vision devices
• Television camera
• Spike or contact microphone
• Telephone
• Intercoms

4. Assault alternative-refers to the responding to hostage takers once the decisionto engage has been made.

Hostage Negotiation and Recovery

Negotiation Approach- systematic process of starting to work on a task of negotiating and dealing with hostage-
takers, in which the primary consideration are the arrangements of terms and conditions between the authorities and
suspects, which are necessary for the release of the hostage/s

Negotiation –process in which two or more persons, groups or entities with conflicting interests voluntarily engage
in a dialogue or discussion in order to arrive at an agreement that will benefit all the parties concerned.
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Critical Points to Remember in Negotiation:

• Goal is to reach an agreement that will benefit the concerned individual/groups.
• A good negotiation fosters stronger working relationship between people or groups and promotes mutual
understanding among the concerned individuals/groups, especially after reaching an agreement.
• All negotiators must be willing to work with those who have conflicting interest.
• Negotiation can only be possible when both parties acknowledge the legitimacy of each other’s conflicting
viewpoints and are willing to work out a solution or agreement in order to arrive at a win-win solution.
• Negotiators should learn how to give and take in order to achieve their desired outcomes and to find lasting
solutions.
• A good negotiation ends with all players winning or gaining something.
• negotiation involves and exchange of ideas between individuals.
• Every negotiator must have a high stress threshold and knowledge of human psychology.
• It is a must that before entering any negotiation, the negotiator must have the background information vital
to negotiating with the concerned parties.
• All options must be weighed before agreeing to enter into negotiations.
• All negotiators must have the determination to take calculated risks to avoid manipulation by the other
party.
• When negotiating as a team, always get the commitment of every team member before entering the
meeting. Team members must be involved in every action.
• In all negotiations, always look beyond what the other party is openly demanding.
• All lines of communication between parties must be open.
• Maintain a positive attitude in cases when the negotiation did not work.
• If deceit is to be used, tell lies but don’t get caught. Reevaluate your choices and pursue another path; and
• Negotiators must be alert and always ready to spot and resolve tactics such as deadline and deadlock
pressure, as well as lingering concerns and other potential barriers to the successful execution of a
negotiated agreement. If left unattended, these could lead to a breakdown in the agreement.

Eight Steps in the Negotiation Process:

1. All of the players should be clear with their interests and demands.
2. Identify and acknowledge all conflicts and issues which need to beresolved.
3. Agree on a common goal.
4. Bargain for a better deal
5. trade concessions
6. try to resolve the issues and problems of all those concerned
7. compromise
8. conclude with a formal or written agreement.

Four Negotiation Stages and Critical Tasks:

1. Preliminary Stage
• Create a climate conducive to the positive exchange of views and issues such as resolving all past
disputes/conflicts.
• Establish rapport
2. Opening Stage
• 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.

Eight Sources of Power in a Negotiation Process:

1. Information
2. Time
3. Less need- a party is in a weaker position if he/she has greater need to dobusiness than the other players
in the process.
4. Credibility
5. Willingness to take risks
6. Commitment
7. Expertise
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8. Empathy

Hostage Crisis Negotiation- the primary concern for every negotiation should always be for the safe release of the
hostages and safe surrender of the hostage-takers or arrest of the perpetrators.

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; and5. Minimize damage to properties
Additionally, for the purpose of gaining tactical advantage, negotiation should also aim to achieve the following
objectives:
• To gather intelligence from the stronghold
• To gain enough time for the assault preparation
• To establish routine among the perpetrators
• To build rapport with the perpetrators
• To build stability within the stronghold
• To provide time to explain the police activity to the perpetrators and the hostages.

Effects of Buying Time in Hostage Negotiation:

Police Perspective:

Time allows the police to:

 Assemble its resources
 Draw a detailed plan on its actions
 Increase opportunity for external and internal intelligence gathering

However, it will also bring:

 Additional problems on the possible arrival of more media practitioners
 Increase cost of operations; and
 More stress and exhaustion on the part of the police personnel

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

Hostage-takers Perspective- time allows and increases rationality among the perpetrators.

Hostage Negotiation Check off List:

1. The details of what has happened

2. The details of the Stronghold
3. The details of the hostages4. The details of the Hostage-takers

Qualities of Negotiators:

1. Communication
 Articulate
 Capable of measured delivery and of having a calming influence
 Active listening skills and ability to take charge of conversation
 Must be able to make people feel confident in opening up in conversation

2. Cognitive Skills
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 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

3. Relationship with the People

4. Professional Competence
5. Personal Qualities
 Good emotional control
 Undeterred by failure
 Confident and self- assured but without arrogance and self-importance
 Must be honest with himself/herself, confronting feelings and accepting responsibility and must be
physically and mentally fit.
Duties and Responsibilities of Negotiators:
1. Ensure that the policy on saving lives of the hostages and hostage takers shall beadhered
2. report to the Incident/ On-scene Commander
3. Come up with a negotiation strategy
4. Communicate with perpetrator or hostages
5. Coordinate to the SWAT Commander
6. Record all messages, information, statements
7. development and dissemination of intelligence information gained through negotiations
8. ensure the safety of all negotiators
9. maintain good physical condition and develop an effective relief system in case the activity will be extended
for more than 24 hours
10. conduct of hot debriefings

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

Demands can be threats to negotiation process or it may be an opportunity for the negotiator.

 Should be handled with care

 Always think tactically
 Seek reciprocation
 Sow seeds of doubt- it should impress upon the hostage-takers that even if they are in the shoes of the
police personnel they will not give in to these demands.
 Seek precise details of these demands
 In case of multiple demands, deal with the easy ones first.

Types of Demands:
1. Negotiable Demands
 Food
 Cigarettes
 Drinks
 Alcohol
 Transportation
 Media coverage
 Freedom

2. Non- negotiable Demands

 Weapons/ammunition
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 Drugs
 Release of prisoners
 Exchange of hostages

Guidelines in handling demands

 Do not seek or ask for them
 Do not ignore them. List them down.  Don not say “yes” or “no” to them  Don not misunderstand them.

 Do not call them “demands.” Once you agree to some of these demands, the hostage taker might ask for
another and you may not be able to give it to them
 Listen to anything and do not give anything away.
 Do not make any offer
 Do not make offers outside your control. You may not be able to fulfill this and it will destroy the rapport
you have built up.
 Do not dismiss demands as trivial, who knows this might the key to your success.
 Do not resurrect forgotten demands.

PNP Procedures in a Hostage Situation:

1. Activate a Critical Incident Management Committee
2. Secure and isolate the incident scene
3. ensure control of communication lines and simultaneously ensure that all other lines are cut off, along
with electricity and water supply to allow for maximum bargaining
4. Bar unauthorized persons from entering and exiting the incident scene
5. Record the witnesses’ names, addressed, and other information
6. direct the witness to a safe location
7. evacuate all victims/injured persons immediately when the opportunity permits
8. ensure that the arrest of the perpetrator shall be the last paramount concern
9. Conduct debriefing immediately after the conclusion of the incident.

VIII. DISPUTE RESOLUTION

Dispute Resolution- refers to number of processes used to resolve conflict/dispute between parties.

Dispute- a disagreement, argument, or controversy, that gives rise to a legal proceeding such as arbitration,
mediation, or a lawsuit.

Types of Dispute Resolution:

1. Litigation- the process of resolving disputes by filing or answering a complaint through the public court
system.

2. Alternative Dispute Resolution- refers to the procedure for settling disputes without litigation, such as
arbitration, mediation, or negotiation.

Alternative Dispute Resolution System in the Philippines

Republic Act No. 9285- "Alternative Dispute Resolution Act of 2004."

(a) "Alternative Dispute Resolution System" means any process or 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 agency, as
defined in this Act, in which a neutral third party participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof;

Types of Alternative Dispute Resolution:

1. Arbitration- means a voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by
rendering an award; --Arbitrator-means the person appointed to render an award, alone or with others, in a dispute
that is the subject of an arbitration agreement; --Award-means any partial or final decision by an arbitrator in
resolving the issue in a controversy;

2. Mediation- means a voluntary process in which a mediator, selected by the disputing parties, facilitates
communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute.
--Mediator- means a person who conducts mediation;
--Information obtain through mediation is privileged and confidential
3. Conciliation- also known as negotiation, it is the least formal type of ADR. 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 facilitate an agreement.
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Labor Dispute

Labor dispute (PD 442, Labor Code of the Philippines)--includes any controversy or matter concerning terms
and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.

Strikes, Picketing, Lockouts

Strike-means any temporary stoppage of work by the concerted action of employees as a result of an industrial or
labor dispute.
-Picket-a person or group of people standing outside a place of work or other venue, protesting something
or trying to persuade others not to enter during a strike.

-Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of
work or location where an event is taking place.

-While a strike focuses on stoppage of work, picketing focuses on publicizing the labor dispute and its
incidents to inform the public of what is happening in the company struck against.

Lockout- means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.

Grounds for the Valid Exercise of the right to Strike or lockout:

1. Unfair labor practices
2. Bargaining Deadlock- failure to agree on the terms and conditions of theCollective Bargaining Agreement
between the management and the union.

Different Forms of Labor Strikes:

1. Legal Strike – allowed by law

2. Illegal Strike – purpose not recognized by law

3. Economic Strike- to force wage or other economic concessions from the employerwhich he is not required by
law to grant.

4. Unfair Labor Practice (ULP) Strike- one called to protest against employer’s acts ofunfair practices enumerated
by law.

5. Slow Down Strike- one staged without the workers quitting their work but bymerely slackening or by reducing
their normal output.

6. Wild-Cat Strike- one declared and staged without filing the required notice ofstrike and without the majority
approval of the recognized bargaining agent.

7. Sit Down Strike- one where the workers stop working but do not leave their placeof work.

Legal Requirements in Conducting Strikes and Lockouts:

-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 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 deadlock.
In cases of dismissal from employment of union officers duly elected in accordance with the union
constitution and by-laws, which may constitute UNION BUSTING where the existence of the union is
threatened, the 15-day cooling-off period shall not apply and the union may take action immediately after
the strike vote is conducted and the result thereof submitted to the Department of Labor and Employment.

-A strike must be approved by a majority vote of the members of the Union and a lockout must be approved by a
majority vote of the members of the Board of Directors of the Corporation or Association or of the partners in a
partnership, obtained by secret ballot in a meeting called for that purpose .

-A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional Branch at least 7 days before the
intended strike or lockout subject to the cooling-off period.

-In the event the result of the strike/lockout ballot is filed within the cooling-off period, the 7-day requirement shall
be counted from the day following the expiration of the cooling-off period. (NSFW vs. Ovejera, G.R. No. 59743,
 lOMoARcPSD|23893727

May 31, 1982) In case of dismissal from employment of union officers which may constitute union busting, the
time requirement for the filing of the Notice of Strike shall be dispensed with but the strike vote requirement, being
mandatory in character, shall “in every case” be complied with.

-The dispute must not be the subject of an assumption of jurisdiction by the President or the Secretary of Labor and
Employment, a certification for compulsory arbitration, or submission to compulsory or voluntary arbitration nor a
subject of a pending case involving the same grounds for the strike or lockout.

PNP General Policy and Guidelines on Labor Disputes 1) General Policy and Guidelines
a) The involvement of PNP personnel during strikes, lockouts and labor disputes in general shall be limited
to the maintenance of peace and order, enforcement of laws, and implementation of legal orders of the duly
constituted authorities. b) In case of actual violence, the police can respond without the written request.
c) No PNP personnel shall be allowed to render police assistance inconnection with a strike or lockout if
there is question or complaint as regards his/her relationship by affinity or consanguinity to any
official/leader of the parties in the controversy or if he has financial or pecuniary interest therein.
d) PNP personnel detailed as peace-keeping force in strike or lockout areasshall wear the prescribed police
uniform.
e) They shall exercise maximum tolerance and when called for by thesituation or when all other peaceful
and non-violent means have been exhausted, police officers may employ such means as may be
necessary and reasonable to prevent or repel an aggression.
f) The matter of determining whether a strike, picket or lockout is legal or notshould be left to Department
of Labor and Employment (DOLE) and its appropriate agencies. PNP personnel should not interfere in a
strike, picket or lockout, except as herein provided.
g) No personal escort shall be provided to any of the parties to thecontroversy unless upon written request
from DOLE. Whenever escorts are to be provided, the other party shall be informed accordingly. All
escorts shall be in prescribed uniform.
h) During the pendency of a strike/lockout, the police personnel concernedare prohibited from socializing
with any of the parties involved in the controversy.
i) Liaison shall be established and maintained with the representatives of
DOLE, management and the union in the strike/lockout area for the purpose
of maintaining peace and order, as well as to maintain a continuing peaceful dialogue between the parties to
the strike/lockout.
j) The peace-keeping detail shall establish a command post outside the 50-meter radius from the picket
line. A PCO shall be designated as Head/Commander of the peace keeping force that will be responsible
for the command and control of the detailed personnel. The members of the peacekeeping detail shall
stay outside a 50-meter radius from the picket line. However, in cases wherein the 50-meter radius
includes a public thoroughfare, they may station themselves in such public thoroughfare to ensure that
the flow of traffic will be unhampered.
2) Applicable Legal Parameters
The pertinent provisions of the Public Assembly Act of 1985 (Batas Pambansa 880), the Labor Code of the
Philippines, as amended and other applicable laws, shall be observed during rallies, strikes, demonstrations or other
public assemblies. Law enforcement agents shall, at all times:
a) Exercise maximum tolerance;

b) In case of unlawful aggression, only reasonable force may be employed toprevent or repel it;

c) The employment of tear gas and water cannons shall be made under thecontrol and supervision of the
Ground Commander; and

d) No arrest of any leader, organizer, or participant shall be made during thepublic assembly, unless he/she
violates any pertinent law as evidence warrants.

Demolition and Ejectment Order

Demolition Refers to the dismantling by the Local Government Unit (LGU) any legally authorize agency or
personnel of the government of all the structures within the premises subject for clearing

Eviction- refers to the removal of a person and their belongings from a subject building, structure, or area.

Role of the PNP in the Enforcement of a Demolition and/or Ejectment

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Order

a) Police assistance in the enforcement or implementation of a demolition orejectment order shall be granted
only upon a written request of the Sheriff or equivalent officer in quasi judicial and administrative bodies
accompanied by a valid order issued by a competent court, quasi-judicial or administrative 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.

b) The conduct of pre-demolition conference in cases where the affected families are informal settlers shall be
mandatory before the provision of police assistance.

c) The duties of PNP personnel in any demolition or ejectment activity shall belimited to the maintenance of
peace and order, protection of life and property, and enforcement of laws and legal orders.

d) PNP personnel tasked to provide police assistance shall be in prescribed uniformduring the actual
demolition. They shall be limited only to occupying the first line of law enforcement and civil disturbance control;
shall not participate in the physical dismantling of any structure subject of demolition; and shall use only necessary
and reasonable force.
2) Procedures in the Enforcement of a Demolition and/or Ejectment Order
a) Risk and threat assessment shall be conducted;

b) PNP personnel should be informed of the prevailing situation and theirtasks;

c) Strict observance of Human Rights must be adhered;

d) As much as practicable, the COP shall lead the PNP contingent detailed toassist the Sheriff or equivalent
officer during the demolition/ejectment activity;

e) All PNP personnel involved shall desist from the use of any unnecessaryforce or any act that may harm,
harass, or terrorize the affected parties;

f) The mode of participation shall be limited to the maintenance of peace and orderduring the entire
demolition/ejectment activity, ensuring the protection of all parties from harm and injury;

g) Tear gas, water cannons, and reasonable force shall be used only when all otherpeaceful and non violent
means have been exhausted;

h) Any PNP member whose families are affected with the demolition or ejectmentshall adhere to the order
issued by competent authority. In no case shall a PNP member intervene during the implementation of
such order or enforcement of demolition and/or ejectment; and

i) The COP shall ensure the presence of fire and medical teams in the activity area.

ADR in the Philippines Cooperative Development of the Philippines

• Complaint
• Appointment of Legal Officer by CDA
• Mediation
• Mediation Failed- No agreement
• Arbitration

Philippine Construction Industry Arbitration Commission (CIAC)

 Dispute involving construction Industry
• Mediation (not prohibited)
• Arbitration
• Arbitral Award

Department of Agrarian Reform and Adjudication Board

• Mediation before the Barangay Agrarian Reform Committee

• Arbitral Award
• Appeal to the DAR
• Appeal to Court of Appeals
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National Conciliation and Mediation Board

 Resolve certain labor disputes (collective bargaining agreement)

• Parties may negotiate

• Failed- NCMB conducts conference
• Conciliation
• Failed– adjudication by the National Labor Relations Commission National Labor Relations
Commission

• Labor Disputes:
• Termination
• Unfair labor practices
• Labor standards
Bureau of Labor Relations
• Inter-union and Intra-Union
The Commission on the Settlement of Land Problems
• Mediation
• Arbitration
Insurance Commission
• Mediation
• Conciliation
• Arbitration

Bureau of Trade Regulation and Consumer Protection

• Mediation and Arbitration

The Court-Annexed Pilot Mediation Project
Katarungang Pambarangay